Articles From 2006

In-sites Government Lawyers, April 2006 Over the years, the Illinois Bar Journal has provided some great research tips for those searching for government agency regulations, policies, interpretive letters, opinions, digests, forms, and other information.
INA provision trumps customary international law By Jason Green International and Immigration Law, March 2006 Customary international law is the practice of states accepted as law. U.S. courts have long held that customary international law is part of U.S. law.
Inadequate disclosure by arbitrator results in award being vacated By Robert E. Wells, Jr. Alternative Dispute Resolution, June 2006 The Fifth Circuit in Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 4-11432 (January 11, 2006) held that an arbitrator's failure to disclose his professional relationship with an attorney from one of the parties, justified the District Court's decision to vacate the arbitration award.
Inaugural Lunch With a Judge program a success By Dion Davi Young Lawyers Division, June 2006 Success!! Success!! Success!! These were my thoughts as the inaugural Illinois State Bar Association Young Lawyers Division and DuPage County Bar Association New and Young Lawyers Committee co-sponsored Lunch with a Judge presentation came to a conclusion.
Inclusion of net profits not allowed in calculation of average weekly wage By Richard D. Hannigan Workers’ Compensation Law, June 2006 This Rule 23 case involved a son who purchased the assets of his father’s business and incorporated his new venture.
Indiana District Court sustains motor carrier owner operator practices against OOIDA attack By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2006 On September 27, 2005, U.S. District Judge Sarah Evans Barker of the Southern District of Indiana denied the plaintiff’s summary judgment motion and found that motor carrier Mayflower Transit, Inc.’s practices of passing its public liability and property damage (“PL/PD”) insurance costs on to its independent contractor owner operator drivers did not violate the United States Federal Motor Carrier Safety Administration (“FMCSA”) leasing regulation at 49 C.F.R. Part 376.12(j)(1) in Owner Operators Independent Drivers Association, Inc., Cause No. 1P-98-458-CB/S, decided, 9/27/05.
Individual income tax update By Richard M. Colombik & Linda Godfrey Federal Taxation, June 2006 In Comm’r v. Banks, 543 U.S. 426; 125 S. Ct. 826 (2005), the Supreme Court held that a taxpayer’s gross income from the proceeds of litigation included the portion of the damages recovery that was paid to his attorneys according to a contingent fee agreement.
Inflation Adjustments: 2007 and before By Gregg M. Simon Trusts and Estates, December 2006 On November 9, 2006 the IRS released its official inflation adjustments for 2007. The following tables show the 2007 adjusted items that relate to estate taxes:
Informed consent for lawyers By William A. Allison Tort Law, September 2006 When a settlement or judgment in a personal injury action is paid in whole or in part by periodic payments, that is called a structured settlement.
Inside Administrative Law, December 2006 Administrative Law Section Council member Ann Breen-Greco was honored recently by the Women’s Bar Association of Illinois as a Woman with Vision.
Inside Administrative Law, November 2006 Patti Gregory-Chang, a remarkable member of the Administrative Law Section Council, is profiled in the first article of this issue.
Inside Administrative Law, October 2006 The first article in this issue provides insights into the role of an unusual ALJ, the Illinois Special Education Hearing Officer.
Inside Administrative Law, September 2006 This issue of the Newsletter begins with commentary by the Section Council Chair, Jim Chipman (Executive Director and Legal Counsel to the Illinois Property Tax Appeal Board, Springfield, Illinois).
Inside Administrative Law, August 2006 This issue of the Newsletter begins with an article by ALJ Ann Breen-Greco, a member of the Administrative Law Section Council, concerning a well-attended educational program for ALJs recently held by the Illinois Association of Administrative Law Judges. Ann was a speaker at as well as one of the organizers of the program.
Inside Administrative Law, July 2006 This first issue of the new ISBA year begins with three articles relating to the change in leadership of the Section Council from Vickie Gillio to Jim Chipman.
Inside Administrative Law, May 2006 Do you think you know the difference between res judicata and collateral estoppel as those doctrines apply to administrative agency decisions?
Inside Administrative Law, April 2006 This issue begins with a very well-written article which, admittedly, is partisan.
Inside Administrative Law, March 2006 Two of the articles in the February 2006 issue of this newsletter concerned the very recent Illinois court decisions in Collinsville Community Unit School District No. 10 v. Regional Board of School Trustees of St. Clair County, and Dombrowski v. City of Chicago.
Inside Administrative Law, February 2006 The first two articles in this issue were submitted by Section Council members Vickie Gillio, the current Chair, and Terry Hoffman, the immediate past Chair.
Inside Administrative Law, January 2006 Recent changes in the statute of limitations applicable to Illinois Medical Practice Act complaints are the subject of the first article in this issue of the Newsletter.
Insurance defense cost reimbursement: The Illinois Supreme Court goes its own way By Shawn Wood & Kathryn S. Clark Civil Practice and Procedure, March 2006 When an insured defendant is served with a complaint containing claims which may be covered by a policy of liability insurance, the dance that ensues between the insured and insurer has always been built on a foundation of mutual distrust.
Insurance law update By Robert H. Hanaford Insurance Law, September 2006 Recent cases of interest to insurance law practitioners.
Insurance notice obligations Environmental Law, September 2006 In the environmental area, many policyholders seek coverage under their comprehensive general liability (CGL) policies for environmental claims.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, June 2006 Data Gone. Jacob Citrin, accused of wiping out all the data on the computer he used at work before he announced his resignation faces a lawsuit by his former employer, a group of affiliated real estate companies, under the Computer Fraud and Abuse Act., 18 USC 1030.
Internal Revenue Service Liaison Update By Thomas F. Arends Federal Taxation, September 2006 The editorial staff of the Newsletter would like to inform members of the Section that Mr. Thomas Arends of the Council currently serves as liaison for the Section to the Internal Revenue Service.
Internal Revenue Service Liaison Update By Katie S. Beard Federal Taxation, June 2006 The following is a summary of select materials presented by the author at the 2005/2006 Federal Tax Law Ed Program in Chicago and Springfield.
Internal Revenue Service Liaison Update By Thomas F. Arends Federal Taxation, March 2006 IRS Announcement on Tax Lien Filings and Releases: The editorial staff of the newsletter would like to inform members of the Federal Taxation Section that Mr. Thomas Arends of the Section Council currently serves as liaison for the Section to the Internal Revenue Service.
International Alternative Dispute Resolution By Megan Boan Alternative Dispute Resolution, November 2006 “Bill 27” puts an end to mandating binding arbitration clauses in domestic contracts (Canada) The bill, which amends the Family Law Act, is supposed to address the unequal bargaining power existing in the arbitration of family law disputes in Canada.
International alternative dispute resolution By Steve Mroczkowski Alternative Dispute Resolution, September 2006 Organizations such as the American Arbitration Association and the International Centre for Dispute Resolution (the international division of the AAA) have already taken action to promote Alternative Dispute Resolution internationally.
International commercial arbitration: An introduction By Jason B. McGary International and Immigration Law, January 2006 The landscape in which international disputes are resolved is changing rapidly. The once generally held belief that the adversarial judicial process was vastly superior to the superficial and unpragmatic “inquisitorial” process that is alternative dispute resolution is being abandoned on a large scale