Faulty release fails to bar age discrimination claimsBy Michael R. LiedLabor and Employment Law, January 2006In Kruchowski, et al. v. Weyerhaeuser Co., the group of plaintiffs signed a release of claims, in order to obtain a severance package.
FavoritesLegal Technology, Standing Committee on, December 2006Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
FavoritesLegal Technology, Standing Committee on, August 2006Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
FavoritesLegal Technology, Standing Committee on, May 2006Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
FavoritesLegal Technology, Standing Committee on, March 2006Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Federal caselaw updateEmployee Benefits, December 2006Howard Delivery Service, Inc. v. Zurich American Insurance Co., 126 S. Ct. 2105 (2006).
Federal caselaw updateEmployee Benefits, June 2006In 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 IRABy Robert S. Held & Vasili D. RussisCommercial Banking, Collections, and Bankruptcy, November 2006A 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 lawBy Roger A. McEowen & Neil E. HarlAgricultural Law, April 2006The 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 freeBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, August 2006From time to time, banks will be served with a subpoena to produce documents for a federal grand jury investigation.
Feret v. Schillerstrom: Second DistrictBy Phillip B. LenziniAdministrative Law, October 2006In 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be the first exhibit of the proof that the Appellate Court has too much time on its hands, or improvidently issues unpublished orders under Supreme Court Rule 23, which then lead to subsequent appeals and published opinions, the Appellate Court, Second District, has recently decided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 DistrictBy Phillip B. LenziniLocal Government Law, June 2006It 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.
Filing of general appearance does not waive jurisdictional objectionBy H. Allen YowGeneral Practice, Solo, and Small Firm, November 2006In 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 elderlyBy Ann B. ConroyElder Law, June 2006While the physical abuse of the elderly or disabled persons commands the headlines, financial abuse is greatly under-reported and often unpunished.
Financial reporting for environmental claimsBy Chris BlumeEnvironmental and Natural Resources Law, June 2006Editor’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 lawBy Patrick E. WardGeneral Practice, Solo, and Small Firm, February 2006You can revitalize your profession and yourself by starting back at the basics.
First District Appellate Court holds that specific reservation of workers’ compensation lien in settlement contract not required for lien to be enforceableBy Michael A. MooreWorkers’ Compensation Law, December 2006An 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 unenforceableBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, May 2006In 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.
The “five and five”—Why and alternativesBy Jay S. GoldenbergTrusts and Estates, May 2006The “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 firmBy E. Lynn GraysonWomen and the Law, October 2006All 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 economyBy Megan KawaAlternative Dispute Resolution, February 2006A 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 veilBy Charles W. MurdockBusiness and Securities Law, November 2006In 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 OnlineBy Caitlyn McEvoyInternational and Immigration Law, August 2006Government Gazettes Online (found at http://www.lib.umich.edu/govdocs/gazettes/) 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 actionBy Fred Marcus & Jennifer ZimmermanState and Local Taxation, September 2006In 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 suspendedBy Rosalyn B. KaplanGovernment Lawyers, December 2006While 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.
