Articles From 2006

Court of Claims in CSX case would still exempt a limited category of separation payments from FICA taxes By Steven A. Seelig Corporate Law Departments, July 2006 A recent supplemental opinion issued in the case of CSX Corp. v. United States draws some very fine lines around those separation payments that are exempt from FICA tax payments.
Court sends a message to administrative agencies: “When drafting regulations, say what you mean” By Vickie Gillio Administrative Law, December 2006 The substantive issue in Dusthimer is whether the University of Illinois regulation governing residency status is ambiguous.
Crafting an appropriate standard for measuring competitive impact in bundling cases By Brian P. Norton April 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.
Creating a collaborative atmosphere: Child Representatives, guardians-ad-litem, and attorneys for children By Ralla Klepak Child Law, December 2006 Children require and are entitled to quality representation by lawyers who are diligent, competent, insightful, and vigorous in their respective roles as advocates for the voiceless.
Criminal acts exclusion in auto gap insurance policy applies to driving under the influence By Michael J. Marovich Civil Practice and Procedure, January 2006 In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Cross examination of opinion witness with facts and data not relied upon By Robert H. Hanaford Civil Practice and Procedure, December 2006 Testimony from expert witnesses frequently involves the use of facts and data not in evidence and not relied upon by the witness.
Current state of cash balance plans By Jennifer Hope Strouf Employee Benefits, June 2006 Currently “cash balance plans” are not defined by the Code or ERISA.
Cyber bullying / cyber harassing / cyber stalking By Deborah Pergament Education Law, April 2006   This article provides a general overview of the legal issues created by the use of the Internet and other forms of telecommunication for bullying and is not intended to provide legal advice
Dawn Clark Netsch receives Gertz Award By Kenneth Dobbs Human and Civil Rights, April 2006 Elmer Gertz is the namesake of the Human Rights Section Council’s annual award to an Illinois Attorney that has distinguished themselves through the practice of Human Rights Law.
DB: RIP? Employee Benefits, December 2006 The Pension Protection Act of 2006 is supposed to strengthen defined benefit (DB) plans, but new rules for funding and mortality/interest rate assumptions, along with new disclosure requirements, may actually help to undermine DB plans.
D.C. Circuit rejects new FMCSA driver training regulation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2006 The United States Court of Appeals for the District of Columbia has rejected a Federal Motor Carrier Safety Administration (“FMCSA”) of the United States Department of Transportation (“US DOT”) final rule concerning entry level training for commercial vehicle operators in Advocates for Highway & Auto Safety v. FMCSA, Case Nos. 04-1233, 1236 and 1418, decided December 2, 2005.
Debt-collection affidavits under Fair Debt Collection Practices Act: No immunity for attorneys filing un-investigated garnishment affidavits By Mark L. Evans September 2006 A recent ruling by the Sixth Circuit Court of Appeals suggests that debt collectors must be more diligent in their investigations.
Deferred compensation plans: How the new bankruptcy law affects them and an update on IRC Section 409A By Donna F. Hartl Commercial Banking, Collections, and Bankruptcy, March 2006 As most people are aware, a new bankruptcy law goes into effect after October 17, 2005.
Defined Contribution Plans— Summary and Limits By Dr. Bart A. Basi Young Lawyers Division, August 2006 There are many types of retirement plans available for taxpayers. In fact, there are so many, the President has considered reducing retirement accounts from the many types that exist today into one simplified retirement savings program.
Delegation Agreements under the Illinois Environmental Protection Act By Lisle A. Stalter Environmental Law, December 2006 The delegation agreement is a formal written agreement between the Illinois Environmental Protection Agency and a unit of local government.
Dicta Rising to Doctrine: Independent Ink resolving the presumption of market power from patents used in antitrust tie-ins By David C. Brezina September 2006 On March 1, 2006 the Supreme Court in Illinois Tool Works Inc. v. Independent Ink Inc., ___ US ___, 126 S Ct 1281 , 74 USLW 4154 , 77 USPQ 2d 1801, 2006 US LEXIS 2024 (2006) reversed a line of cases that held that in an antitrust tie-in, where the tying product is patented or copyrighted, market power could be presumed.
Disability Law: Social Security By David R. Bryant General Practice, Solo, and Small Firm, March 2006 This article provides a basic outline of the process for helping a client obtain disability benefits from Social Security.
A discrimination lawsuit filed by an individual in a protected class who alleges adverse employment action may proceed even though the individual’s replacement is a person in the same protected class By Paul E. Freehling Labor and Employment Law, January 2006 Suppose P, a person in a protected class, alleges that an adverse employment action—such as discharge, failure to hire, demotion, or failure to promote—resulted from, for example, age, disability, gender, national origin, pregnancy, racial or religious bias.
A dispute resolution balancing act By Stephanie Cady Alternative Dispute Resolution, February 2006 As the field of mediation grows, the benefits of this method of alternative dispute resolution have become significant to the legal world.
Do witnesses of a will commit perjury? By Michael H. Erde Elder Law, June 2006 Illinois Law 755 ILCS 5/4-3 requires “two credible witnesses” to a Will.
Do you know and practice the Upjohn warning? By Peter LaSorsa Corporate Law Departments, March 2006 In 1981, the United States Supreme Court, in Upjohn Co. v. United States, outlined important criteria for corporate counsel to utilize when determining the applicability of attorney-client privilege in connection with interviewing an employee of the corporation.
Do you want fries with that? Biodiesel regulation in America By Christine LeBel Environmental Law, June 2006 Your local greasy spoon might provide a partial solution to the problem of U. S. dependence on foreign oil. New state and local laws are helping, including an Illinois law just signed last year.
Does your foreign, international or interstate business have a hidden and costly state tax liability? By Stanley R. Kaminski State and Local Taxation, March 2006 Contrary to common belief, a foreign, international or interstate business, including a foreign subsidiary of a domestic company, may have a state tax liability even if such business does not have an office in a state, but it has an employee, agent or third-party representative traveling into a state. 
Domestic violence: Silent witness, silent killer By Shadia Haddad Women and the Law, October 2006 We all know the difference between a battery and a domestic battery. It’s obvious, right? Just add a relationship element to the equation and voi-law!
Donate a dollar to “WE” Women and the Law, June 2006 For our readers who are not already aware, the ISBA Women and the Law Committee partners yearly with WOMEN EVERYWHERE: Partners in Service Project, Inc. (“WE”), to solicit and coordinate volunteer activities for women and children in need around the state.
Double denial results in single victory for injured claimant By Cameron B. Clark Workers’ Compensation Law, March 2006 In Dunlap v. Nestle USA, Inc., 2005 U.S.App. LEXIS 27070 (7th Circuit 2005), the United States Court of Appeals for the Seventh Circuit in a decision issued by Judge Wood, addressed the issue of whether the exclusivity provisions of the Act precluded the injured worker from pursuing a tort action against his employer.
Drafting committee for the Model State APA is seeking input Administrative Law, January 2006 Those interested in the Model State APA have been asked to submit their ideas to Professor John Gedid, reporter for the drafting committee.
Dupuy v. Samuels (DCFS Director), re DCFS safety plans case report By Angela Peters Women and the Law, June 2006 Entire families, including mothers, fathers, children, siblings, aunts, uncles, grandparents, male and females of any description are possible persons who can be affected by DCFS safety plans.
Early warning or too late: New development ordinances are in your future By Frank M. Grenard Corporate Law Departments, August 2006   While there are a number of requirements and volumes of regulations, the ones that this article intends to address are those which mandate the MS4s to enact ordinances which have an impact on property development and use.
Editor’s column By Ross S. Levey Family Law, June 2006 This Volume is a special edition of the ISBA Family Law Section Council Newsletter.

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