“All collection costs” does not mean attorney feesBy H. Allen YowGeneral Practice, Solo, and Small Firm, January 2006Attorneys drafting promissory notes, contracts and other written instruments must clearly articulate the rights, obligations and liabilities of the parties involved.
“All” income included when calculating child supportBy Jason G. AdessFamily Law, April 2006Recent Illinois decisions have clarified the procedure trial courts are required to follow when considering non-recurring income in child support cases.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, December 2006A recent decision from the Seventh Circuit considers a claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd.
All the latest developments in health care lawBy W. Eugene Basanta, Andrew Roszak, & Michael SinhaHealth Care Law, September 2006Relator, a pharmacist employed by the defendants, filed a qui tam suit under the False Claims Act , 31 U.S.C. 3729 et seq. (FCA) alleging that the defendant-pharmacy corporation and its subsidiary had violated the FCA.
All the latest developments in health care lawBy W. Eugene Basanta, John Castranova, Anne P. Rayhill, & Sameer VohraHealth Care Law, June 2006On May 24 the Illinois Supreme Court agreed to review several decisions involving health law issues.
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, March 2006The United Supreme Court, in a 6-3 decision issued in January, held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. and its implementing regulations, including 21 C.F.R. 1306.4, did not prevent Oregon physicians from providing terminally ill patients with prescriptions for lethal drugs under that state’s Death With Dignity Act (DWDA), Or. Rev. Stat. 127.800 et seq. approved in 1997.
Alphabetical listing of cases and holdingsInsurance Law, May 2006Founders Insurance Company v. Contreras, 2005 WL 3481345 (1st Dist. 2005), holding that an insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
The ALTA 2006 title insurance policies and the issuance of survey coverageBy Richard F. BalesReal Estate Law, December 2006The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Alternative dispute resolutionBy Margery NewmanReal Estate Law, March 2006Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.
Alternative dispute resolution in the 17th Judicial CircuitBy Hon. Harris H. AgnewAlternative Dispute Resolution, March 2006The 17th Circuit, in collaboration with the Winnebago and Boone County Bar Associations, has been a leader in the development of alternative dispute resolution programs.
Amended Rules of Judicial ConductBench and Bar, July 2006The Illinois Supreme Court has amended Rules 64 and 65 of the Code of Judicial Conduct effective May 26, 2006.
Amendments to Federal Rules of Civil Procedure to address electronic discoveryBy Michael D. GiffordLabor and Employment Law, July 2006On April 12, 2006, the United States Supreme Court approved and forwarded to Congress certain revisions to the Federal Rules of Civil Procedure addressing preservation and discovery of data in electronic media, sometimes known as e-discovery.
Ann B. Jorgensen: First Woman Chief Judge of the Eighteenth CircuitWomen and the Law, June 2006A graduate of Loyola University and DePaul University College of Law in 1980, Judge Ann Jorgensen started her legal career as an Assistant State’s Attorney in DuPage County and in 1984 entered into private practice in the law offices of John F. Donahue, becoming a partner in the firm of Donahue, Jorgensen, Sowa and Bugos.
Ann Breen-Greco is a “woman with vision”By Paul E. FreehlingAdministrative Law, December 2006For nearly three decades, Ann Breen-Greco has been a political and community activist. She has focused much of her efforts on reducing violence against women, working with women’s groups and elected officials to promote the Violence Against Women Act, and continuing to lobby for its funding.
Annexation agreements: How enforceable are they?By Robin L. PerryLocal Government Law, March 2006The facts in this case are straightforward. On December 15, 1997, Robert W. Gaylor, Joanna A. Gaylor, Robert E. Gaylor and Morna K. Gaylor (hereinafter “Gaylors”) entered into an Annexation Agreement (hereinafter “Agreement”) with the Village of Ringwood, Illinois (hereinafter “Village”) to annex a 23.75 acre parcel of land.
Another look at the coalbed methane caseMineral Law, December 2006In recent newsletters, we have covered the landmark decision in Illinois regarding methane gas, Continental Resources of Illinois, Inc. v. Illinois Methane, LLC, 847 N.E. 2nd 897 (Ill. App. 2006), April 10, 2006. We even printed a copy of the decision.
Appellate Court rules insurance exclusions ambiguousBy Raymond A. FylstraCorporate Law Departments, September 2006In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Applicability of the Prevailing Wage Act requirements to private subdivision developers engaged in public worksBy Robert J. Britz & Paula Tipton WallinLocal Government Law, November 2006Municipalities must comply with state statutes such as the Prevailing Wage Act, the Public Construction Bond Act, the Plat Act, and the public bidding requirements of the Illinois Municipal Code when directly contracting for public infrastructure improvements such as roads, sidewalks, sanitary sewers, water improvements, etc.
Application of the Construction Statute of LimitationsBy Margery NewmanReal Estate Law, March 2006In Prate Installations, Inc., v. Thomas, the Illinois Second District Court of Appeals held that the four-year limitations period contained in the Construction Statute of Limitations, 735 ILCS 5/13-214(a), cannot be used by a homeowner as an affirmative defense to an action by a contractor for non-payment under a construction contract.
Arbitration preferred in domain name disputesBy Steve MroczkowskiAlternative Dispute Resolution, November 2006According to a recent article* by Sheri Qualters of The National Law Journal, Internet domain name arbitration disputes have risen nearly a quarter since January 2005.
Arbitration: Why some general counsel have mixed feelingsBy Steve MroczkowskiAlternative Dispute Resolution, September 2006In a recent article appearing on law.com entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.
Architect Selection - Fee InformationBy Phillip B. LenziniLocal Government Law, June 2006Commonly, when units of local government in Illinois seek the service of architects and engineers, they would like to obtain, along with other information regarding the architectural or engineering services, firm and credentials, information regarding the fee structure the architects or engineers propose to use.
Are you ready for tsunami, a Katrina, fire or terrorists?By Thomas J. BrannanLaw Office Management and Economics, Standing Committee on, September 2006Granted, in Illinois, we are unlikely to suffer the rampage of a Tsunami or a Katrina, but tornadoes are common to Illinois, potential for fires is a part of life, and terrorists may strike anywhere—in fact, your own personal terrorist could be a disenchanted client seeking revenge.
