Articles From 2006

Faulty release fails to bar age discrimination claims By Michael R. Lied Labor and Employment Law, January 2006 In Kruchowski, et al. v. Weyerhaeuser Co., the group of plaintiffs signed a release of claims, in order to obtain a severance package.
Favorites Legal Technology, Standing Committee on, December 2006 Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Favorites Legal Technology, Standing Committee on, August 2006 Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Favorites Legal Technology, Standing Committee on, May 2006 Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Favorites Legal Technology, Standing Committee on, March 2006 Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Federal caselaw update Employee Benefits, December 2006 Howard Delivery Service, Inc. v. Zurich American Insurance Co., 126 S. Ct. 2105 (2006).
Federal caselaw update Employee Benefits, June 2006 In re Fruehauf Trailer Corp., 444 F.3d 203 (3d Cir. 2006). Entity formed to succeed Chapter 11 debtor as sponsor and administrator of pension plan sued to set aside prepetition plan amendment as fraudulent transfer.
Federal court denies protection in bankruptcy for inherited IRA By Robert S. Held & Vasili D. Russis Commercial Banking, Collections, and Bankruptcy, November 2006 A bankruptcy court, applying Illinois law, held that a debtor’s interest in an inherited IRA was not exempt from the claims of the debtor’s creditors.
Federal court strikes down Nebraska corporate farming law By Roger A. McEowen & Neil E. Harl Agricultural Law, April 2006 The following articles originally appeared in the January 2006 issue of the AGRICULTURAL LAW UPDATE published by the American Agricultural Law Association.
Federal Grand Jury subpoenas: Forcing banks to work for free By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, August 2006 From time to time, banks will be served with a subpoena to produce documents for a federal grand jury investigation.
Feret v. Schillerstrom: Second District By Phillip B. Lenzini Administrative Law, October 2006 In what might be the first exhibit of the proof that the Appellate Court has too much time on its hands, or improvidently issues unpublished orders under Supreme Court Rule 23, which then lead to subsequent appeals and published opinions, the Appellate Court, Second District, has recently decided the case of Feret v. Schillerstrom.
Feret v. Schillerstrom: Second District By Phillip B. Lenzini Local Government Law, June 2006 It appears that if an ordinance, resolution or motion is adopted by a governmental body that was not previously listed on the agenda, the corrective step should include an express repeal of the earlier action and a new adoption of the matter properly agendized.
The fiduciary duty of a shareholder: Hagshenas, Dowell and related amendments to the Illinois Business Corporation Act By Tracy J. Nugent Business and Securities Law, April 2006 The fiduciary duty of officers and directors to the corporations they serve is well settled. Illinois courts have found that in certain situations shareholders of closely held corporations owe this fiduciary duty as well.
Fifth District finds that courts may enjoin stopped trains from blocking grade crossings for periods of longer than 10 minutes under Illinois law By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2006 On March 13, 2006, the Illinois Appellate Court for the Fifth District sustained an injunction against a railroad whose stopped trains had been blocking a grade crossing for periods of fifteen to forty-five minutes in Eagle Marine Industries, Inc. v. Union Pacific Railroad Company, Case No. 5-05-0038.
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow General Practice, Solo, and Small Firm, November 2006 In the recent decision of KSAC Corporation v. Recycle Free, Inc., 364 Ill.App.3d 593, 846 N.E.2d 1021, 301 Ill.Dec. 418 (2d Dist. 2006), the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Financial abuse of the elderly By Ann B. Conroy Elder Law, June 2006 While the physical abuse of the elderly or disabled persons commands the headlines, financial abuse is greatly under-reported and often unpunished.
Financial planning for retirement plan assets under the new Bankruptcy Code By James A. Nepple Business Advice and Financial Planning, January 2006 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPA”) is effective beginning October 17, 2005.
Financial reporting for environmental claims By Chris Blume Environmental Law, June 2006 Editor’s Note: As federal courts convict the participants in the various financial scandals that rocked the corporate and financial accounting worlds the last several years, there also will be increased attention on the reporting of environmental liabilities.
Finding a life in the law By Patrick E. Ward General Practice, Solo, and Small Firm, February 2006 You can revitalize your profession and yourself by starting back at the basics.
The First Amendment on the overpass: Cities may bar protestors from highway bridges By Paul N. Keller Local Government Law, January 2006 In recent contrasting cases, the Seventh Circuit and the Tenth Circuit have reviewed police department policies and practices regarding protest activity on bridges over highways.
First District Appellate Court holds that specific reservation of workers’ compensation lien in settlement contract not required for lien to be enforceable By Michael A. Moore Workers’ Compensation Law, December 2006 An August 30, 2006, decision from the Illinois Appellate Court’s First District in the case of James Gallagher v. Lenart, No. 1-06-0065WC (2006 WL 2506210), held that an employer does not have to specifically reserve its workers’ compensation lien right in a workers’ compensation settlement agreement in order for that lien to be enforceable, and specifically rejected the reasoning of the Fourth District Appellate Court’s decision in Borrowman v. Prastein, 356 Ill.App.3d 546, 826 N.E.2d 600 (4th Dist. 2005).
First District finds a non-solicitation clause to be unenforceable By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2006 In C. H. Robinson Worldwide, Inc. v. Kindersley Transport, Ltd., Case No. 1-05-0562 (March 31, 2006), the Illinois Appellate Court for the First District held that C.H. Robinson’s back-solicitation clause in its broker/carrier agreement with Kindersley was unenforceable.
First District rules that two-year limitation provision in uninsured motor vehicle policy is void as against public policy By Michael J. Marovich Civil Practice and Procedure, April 2006 It is quite common for insurance carriers to place a two-year deadline from the date of a collision to make a demand for uninsured motor vehicle coverage in their automobile insurance policies.
The “five and five”—Why and alternatives By Jay S. Goldenberg Trusts and Estates, May 2006 The “five and five” is a frequently used tool. One often finds that a trust beneficiary (whether spouse or child) has been granted such a power.
Flexible hours policies: Success strategies for you and your law firm By E. Lynn Grayson Women and the Law, October 2006 All attorneys share a common aspiration—a career that allows for a rich, meaningful personal life coupled with ongoing opportunities for professional development and advancement.
FMCS study found mediation saved $9 billion for economy By Megan Kawa Alternative Dispute Resolution, February 2006 A study was released in November by the Federal Mediation and Conciliation Service claiming that $9 billion has been saved for business and workers between 1999 and 2004 by the use of mediation in labor negotiations and work stoppages.
Fontana v. TLD Builders, Inc.—A primer on piercing the corporate veil By Charles W. Murdock Business and Securities Law, November 2006 In a case of first impression in Illinois, the Second District, in Fontana v. TLD Builders, Inc., held that a non-shareholder can be held liable when the corporate veil of a for-profit corporation is pierced.
Foreign law resources: Government Gazettes Online By Caitlyn McEvoy International and Immigration Law, August 2006 Government Gazettes Online (found at stemmed from a project at the Dag Hammersköld Library at the United Nations in which two University of Michigan students searched for foreign gazettes published online.
Formal notice of deficiency not required to commence protest monies action By Fred Marcus & Jennifer Zimmerman State and Local Taxation, September 2006 In National City Corporation v. Department of Revenue, 1-04-2907 (Ill. App. Ct., May 22, 2006),the Illinois Appellate Court, First District, has held that the “ripeness” doctrine does not preclude a taxpayer from filing a protest monies action after it received a notice of proposed deficiency for income taxes from the Illinois Department of Revenue (“Department”), but before it received a notice of deficiency that would trigger its right to administrative protest and review.
Former Assistant Public Defender suspended By Rosalyn B. Kaplan Government Lawyers, December 2006 While she was employed as an assistant Kane County public defender, Cynthia Sutherin approached three of her colleagues at the Public Defender’s office, as well as another attorney employed by the Kane County State’s Attorney, telling them that she was going to open a law firm with two other assistant public defenders.