Articles From 2006 | Illinois State Bar Association

A region ripe for mediation: The genocide in Darfur By Whitney Roberts Alternative Dispute Resolution, November 2006 Since early 2003 an international crisis has been perpetuating inside the Darfur region of Sudan.

A related party exchange that should work By Gary R. Gehlbach Real Estate Law, August 2006 There apparently is a useful exception to an exception that will allow related parties to engage in an exchange that is tax-deferred under Internal Revenue Code section 1031.

Removal Orders Redux: An analysis of the Immigration Deportation Reinstatement statute By Patrick M. Kinnally International and Immigration Law, August 2006 Juanita and her husband, Jorge, have come to see you about Jorge’s immigration status.

Replacing an improperly passed ordinance without repealing the old does not cure the defect By Alfred M. Swanson, Jr. Local Government Law, May 2006 This is the second appeal of this case in which the plaintiff alleged the DuPage County Board violated the Open Meetings Act.

Reply to Letter to the Editors Regarding “How to Handle an Employer’s Group Health Plan Lien” (January, 2006, Vol. 51, No. 4) By Robert T. Park Civil Practice and Procedure, April 2006 I have reviewed Mr. Mielke’s letter and the Varco case.

Report on ABA House of Delegates Annual Meeting By Gina M. Arquilla Young Lawyers Division, October 2006 The House of Delegates of the American Bar Association met on August 7- 8, 2006 at the Hawaii Convention Center, Honolulu, Hawaii.

Requests to Admit: Vision Point of Sale v. Haas By Michael J. Marovich Civil Practice and Procedure, December 2006 On November 29, 2006 the Illinois Supreme Court granted a petition for leave to appeal in the case of Vision Point of Sale, Inc. v. Haas, 366 Ill.App.3d 692, 852 N.E.2d 331 (1st Dist. 2006).

Residential Foreclosure 101 By Donald P. Shriver Young Lawyers Division, December 2006 Regardless of the current state of the economy, homeowners default on their mortgage loans and lenders file routine foreclosure actions.

Respondent appeals nature and extent award of 22.5% loss of use of each arm and 22.5% loss of use of each hand By Richard D. Hannigan Workers’ Compensation Law, June 2006 In this Rule 23 case, it was not disputed that the Petitioner developed bilateral carpal tunnel syndrome and bilateral cubital tunnel syndrome.

Response to article by John B. Kincaid, “Attorney’s Retaining Lien, Circa 1889” in Trial Briefs, March 2006 By Eugene Crane Civil Practice and Procedure, June 2006 Bankruptcy changes the rights of parties to the proceeding even if valid elsewhere.

Restorative justice around the world By Kim Broyles Alternative Dispute Resolution, April 2006 A shift in views about crime has been seen around the world. As the view of crime has shifted back to being viewed as a violation against a person as apposed to against the state there has been a worldwide criminal justice reform (Van Ness, 1996, 2005).

Rethinking divorce through collaborative practice By Samia Zayed Alternative Dispute Resolution, June 2006 By now it is no surprise to most people that 50 percent of all marriages in the United States end in divorce.

REV. RUL. 2006-34 defines when real estate ownership constitutes closely held business for Section 6166 purposes By Charles G. Brown Trusts and Estates, November 2006 In recent Revenue Ruling 2006-34, 2006-26 I.R.B 1171, the Service provides clarification as to when the ownership of real estate constitutes a closely held business for purposes of the installment payment of estate taxes under Section 6166 of the Internal Revenue Code, as amended.

Review of 2005 Hurricane Tax Relief legislation By Donna F. Hartl Federal Taxation, April 2006 The Gulf Opportunity Zone Act of 2005 (“GOZA”) was signed on December 21, 2005. GOZA supplements the Katrina Emergency Tax Relief Act of 2005 (“KETRA”) and grants tax relief to individuals and businesses affected by Hurricanes Katrina, Rita, and Wilma. GOZA also includes technical corrections to 10 tax acts.

The rhetoric of gun-jumping April 2006 Remarks by William Blumenthal, General Counsel of the FTC, before the Association of Corporate Counsel, Annual Antitrust Seminar of Greater New York Chapter.

Right of redemption or not, junior mortgagee has right to file separate foreclosure action By Mark C. Palmer Commercial Banking, Collections, and Bankruptcy, September 2006 The Appellate Court of Illinois 3d District recently reversed and remanded a Marshall Co. Circuit Court’s ruling that required a junior mortgagee to redeem the senior mortgage prior to foreclosing its mortgage. React Financial v. Long, --- N.E.2d ----, 2006 WL 1476263 (Ill.App. 3d Dist., 2006).

Rodriguez reiterates the 35-day rule of the administrative review law By J.A. Sebastian Administrative Law, February 2006 The time has come to speak of rules, and slips, and who's been lax. In Rodriguez v. Sheriff's Merit Commission of Kane County, No. 100165, the court considered whether the circuit court should have granted a section 2-0619 motion to dismiss a complaint filed pursuant to the Illinois Administrative Review Law (735 ILCS 5/3-101 though 3-113 (West 2002)) (“ARL”) on the basis of subject matter jurisdiction.

Roger C. Siske dies at 61; practiced law at Sonnenschein for 36 years By Leslie A. Klein Employee Benefits, March 2006 Roger C. Siske, a nationally renowned employee benefits and executive compensation lawyer, died suddenly of an apparent heart attack on Wednesday, January 4, while skiing in Colorado. He was 61.

The role of Magistrate Judges in federal civil practice By Magistrate Judge David Bernthal Federal Civil Practice, September 2006 A United States Magistrate Judge is a federal trial judge appointed to serve in a United States District Court for a term of eight years.

Rule 50 motions: Effective and proper use of motions for judgment as a matter of law By Travis J. Ketterman Federal Civil Practice, June 2006 Rule 50 of the Federal Rules of Civil Procedure sets forth the procedural and substantive requirements for seeking a judgment as a matter of law in a jury trial.

Rule 68: Offer of judgment By Patricia M. Fallon Federal Civil Practice, March 2006 Rule 68 of the Federal Rules of Civil Procedure encourages parties to settle out of court by providing a party defending against a claim the opportunity to make a special offer of judgment at any time more than 10 days before the trial begins.

Ruminations on Rule 216 and considerations of substantial justice By Hon. Daniel T. Gillespie Civil Practice and Procedure, October 2006 This rule is to be liberally construed to do substantial justice between or among the parties. —Illinois Supreme Court Rule 213(k) on written interrogatories.

The Ryan juror furor—The questions and implications are disturbing and far reaching By John T. Phipps General Practice, Solo, and Small Firm, April 2006 The corruption trial of former Governor George Ryan has raised a number of troubling points about our juries and who serves on them.

The Ryan juror furor—The questions and implications are disturbing and far-reaching By John T. Phipps Bench and Bar, July 2006 The corruption trial of former Governor George Ryan has raised a number of troubling points about our juries and who serves on them.

Sage advice By Judge William J. Bauer Bench and Bar, April 2006 The pressures of large caseloads, the duties of running the courtroom day-to-day and all the other juggling of priorities that goes into the judicial business sometimes causes us to lose patience, to be less than kind.

Salary negotiations for the small firm associate By Joe Giamanco General Practice, Solo, and Small Firm, November 2006 For most of us who read this newsletter, the concept of obtaining a six-figure salary straight out of law school was nothing but a dream; yet, for those friends of ours who chose the path of the 100+ attorney law firms it was a reality.

Sample year-end letter Trusts and Estates, December 2006 There are several estate tax issues which are critical for us to review the upcoming year.

Save the Date: YLD 9TH Annual Holiday Party Approaching Fast Young Lawyers Division, October 2006 This year’s 9th Annual Holiday Party, sponsored by the Young Lawyers Division of the Illinois State Bar Association and the Illinois Bar Foundation, will be held Friday, December 1, 2006 at Joe’s Sports Bar on Weed Street from 6:00 p.m. to 10:00 p.m. (more information can be found at www.holidayparty.org).

A season for giving: Organ donation in Illinois By Justin J. Karubas Trusts and Estates, December 2006 There is a need for greater awareness about organ donation. People die waiting for donations and people die without donating.

SEC proposes new disclosure rules for executive compensation By Steven A. Seelig Corporate Law Departments, June 2006 Under the Securities and Exchange Commission’s recent proposal, companies would have to disclose far more detail about the pay and perks provided to named executive officers.