Articles From 2006

Public hearings on zoning matters following the Klaeren decision By Ted M. Niemann & Melinda S. Madison Real Estate Law, April 2006 In People ex rel. Klaeren v. Village of Lisle, the Illinois Supreme Court entered a decision that forever changes the procedure in public zoning hearings before municipal bodies.
The Public Safety Employee and Employment Litigation: The effects of Police and Fire Commission proceedings on the federal case By Brian Clauss & Michelle Camden Labor and Employment Law, September 2006 When litigating Federal employment claims of public safety employees1 or proceeding in a discipline hearing before a municipal Board of Police and Fire Commissioners (the “Board”), there are special concerns that a practitioner should consider.
Putative Father Registry By Kimberly J. Anderson Family Law, February 2006 Father may have known best in the 1950s, but in the seemingly more complicated new millennium, many fathers don’t even know that they’ve become parents.
The QDRO By Paul Frigo Family Law, May 2006 One area of family law that can provide long-term problems is the QDRO.
Questionnaire Mineral Law, December 2006  
Raising business capital through exempt securities offerings By Elizabeth A. Bleakley Business Advice and Financial Planning, October 2006 At some point in time, most businesses need to raise capital from investors for start-up expenses, to stay in business, or to expand and grow.
Receive and send faxes—Anytime, anywhere (Including on your cell phone!) By Alan R. Press Legal Technology, Standing Committee on, December 2006 Despite the prolific use of e-mail, faxing is still an extremely popular way to communicate.
Recent case summaries May 2006 In the first of three antitrust decisions this term, the Supreme Court, in a 7-2 opinion written by Justice Ginsburg, held that a manufacturer may not be held liable for secondary-line price discrimination under the Robinson-Patman Act in the absence of a showing that the manufacturer discriminated between dealers competing to resell its product to the same retail customer.
Recent changes in zoning law: Klaeren and SB 94—What was, what recently had been, and what will be By Victor P. Filippini, Jr. Local Government Law, November 2006 Editor’s Note: Public Act 94-1027 shifts Illinois back to where it was prior to the Klaeren and subsequent decisions.
Recent court decisions By Mary Ann Connelly State and Local Taxation, November 2006 Allegis Realty Investors v. Novak, County Treasurer and ex-officio County Collector of DuPage County, Illinois Supreme Court, (Docket Nos. 100682 and 100730), opinion filed September 21, 2006. Petitioners were taxpayers who filed tax objection cases. One of the taxes they objected to was a “hard-road tax.”
Recent court pronouncements continue to shape nationwide pro-arbitration policies By Joshua C. Smith Civil Practice and Procedure, September 2006 The universe of private civil dispute resolution is divided into two worlds these days: there is the traditional judiciary and there is private arbitration via contract.
Recent decision addresses landlord liability for lead-based paint hazard By T.J. Hunter Environmental and Natural Resources Law, December 2006 Earlier this year the Fourth District of the Appellate Court of Illinois allowed tenants to pursue a private cause of action against a landlord and its agent even though the defendants had no knowledge of the presence of lead paint.
Recent decisions in Real Estate Tax cases By Timothy E. Moran State and Local Taxation, October 2006 Property owner filed bankruptcy petition which, under Section 108(b) of the Bankruptcy Code (11 U.S.C. Sec. 108 (b)) extended the period for redeeming the sold taxes on his home from January 5, 2001 to March 6, 2001 on which date owner made redemption.
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, January 2006 In re Application of the County Treasurer (H&H Investments v. Green Tree Servicing, LLC), Appellate Court, Third District, Docket No. 3-04-0777, 2005 WL 2841145, October 28, 2005.
Recent decisions of interest By John H. Brechin Local Government Law, May 2006 Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
Recent developments in insurance law Insurance Law, May 2006 Recently, the Third District Appellate Court in Illinois Farmers Insurance Company v. Kure,---N.E.2d---,26 WL 864, 368 (Ill.App.3Dist.2006) held there was a duty to defend on part of the insurer for parents of a tortfeasor under their homeowner’s liability insurance policy even though there was no separate bodily injury claimed by Plaintiff which result from the alleged negligent conduct of the parents.
Recent developments in insurance law By Laura Kotelman Insurance Law, February 2006 On August 18, 2005, the Illinois Supreme Court issued a long-awaited opinion in Avery v. State Farm Mutual Automobile Insurance Co., No. 91494, 2005 WL 1981444 (Ill., Aug. 18, 2005).
Recent developments in insurance law By James T. Nyeste Insurance Law, January 2006 Recent updates of interest to insurance Law practitioners.
Recent developments regarding retirement and welfare benefit plans By Karen N. Brandon Federal Taxation, April 2006 Qualified retirement plans under IRC § 401(a) must now follow Revenue Procedure 2005-66 to apply for determination letters from the IRS.
Recent developments with respect to First Amendments Rights in the immigration context By Cindy G. Buys International and Immigration Law, September 2006 As immigration practitioners may know, the extent of First Amendment rights of non-U.S. citizens has not been fully decided.
Recent federal administrative law decision By Paul E. Freehling Administrative Law, January 2006 Applicability of state licensing rules to representation before a federal administrative agency—Representation of a party in federal administrative proceedings by an attorney unregistered in the state where the proceedings are held—Right to attorney fees for such representation
Recent judicial appointments and retirements Bench and Bar, October 2006 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge
Recent judicial appointments and retirements Bench and Bar, September 2006 1. The Illinois Supreme Court, pursuant to its constitutional authority has appointed the following to be Circuit Judge:
Recent judicial appointments and retirements Bench and Bar, July 2006 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge
Recent judicial appointments and retirements Bench and Bar, June 2006 Recent judicial appointments and retirements.
Recent judicial appointments and retirements Bench and Bar, April 2006 Changes to Illinois' Judiciary.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, August 2006 Recent cases of interest.
Recent traffic cases and cases of interest By James J. Ahern Traffic Laws and Courts, January 2006 Probable cause exists when the facts known to the officer at the time of the arrest are sufficient to lead a reasonably cautious person to believe that the person arrested has committed a crime.
Reconsidering environmental considerations in commercial real estate transactions—2006: New alternatives and new opportunities for clients By William J. Anaya Environmental and Natural Resources Law, February 2006 Environmental cleanup liability has been a consideration in commercial real estate transactions for the past two and one-half decades, but the law’s response to that stimulus has changed significantly in just the past few years.
Redmond v. Socha: Inconsistent verdicts in personal injury cases By Maureen R. De Armond Civil Practice and Procedure, April 2006 Sometimes accidents just happen. So says the Illinois Supreme Court.