Section Newsletters

Articles From 2007

Notes on the 33rd annual meeting of local area agencies on aging By Ann B. Conroy Elder Law, June 2007 Sandy Markwood, CEO of the National Association of Area Agencies on Aging (cutely nicknamed N4A), proved to be an energetic Keynote speaker at the thirty-third annual meeting of the eight-county Northeastern Illinois Area Agency on Aging in Aurora, on April 13, 2007.
Now is the time for employers to prepare to beat the fiscal year 2008 H-1B cap By Scott D. Pollock & Fatima G. Mohyuddin International and Immigration Law, January 2007 The H-1B visa cap is once again in the forefront of business immigration practice and Congressional debate.
Nunc Pro Tunc By James J. Ayres Bench and Bar, June 2007 A court is asked to enter an order deeming some act or event as nunc pro tunc.
N.Y. Court allows reformation of trust to confirm to grantor’s Medicaid planning intent By Steven C. Perlis Elder Law, May 2007 In the February 2007 issue of Elder Law Answers, the following case of note was reported:
Obtaining accommodations for college students with disabilities By Matthew Cohen Child Law, September 2007 Although some children with disabilities may have impairments that are so severe that college is not a realistic option for them, many others have the potential to be highly successful in college and beyond, particularly if provided the appropriate accommodations that they need to function within the college environment.
Obtaining law enforcement records: Remember the Daniels case By Matthew A. Kirsh Family Law, October 2007 Imagine you represent children whose mother is accusing the father of sexual abuse.
“Odd-lot” permanent total disability award affirmed By Frank A. Sommario Workers’ Compensation Law, September 2007 A look at City of Chicago v. Illinois' Workers Compensation Commission.
Offer in compromise By George E. Marifian Federal Taxation, August 2007 These Comments are submitted partly in response to changes to the offer in compromise program (the “OIC Program”) enacted as part of the Tax Increase Prevention and Reconciliation Act of 2005 (Pub. L. No. 109-222) (“TIPRA”).
Oil and gas law for the non-oil and gas lawyer By John C. Robison, Jr. Mineral Law, December 2007  In this article an overview of oil and gas law is presented for the practitioner who only occasionally encounters real estate with oil and gas issues.
One final warning before we call security: The debut of chemical facility anti-terrorism standards By T.J. Hunter Environmental and Natural Resources Law, July 2007 Congress has authorized the Department of Homeland Security (DHS) to promulgate interim final regulations establishing risk based performance standards for the security of chemical facilities.
The Open Meetings Act: Recent amendments and cases By Donald A. LoBue Administrative Law, May 2007 There are many local governments in the State of Illinois.
The Open Meetings Act: Recent amendments and cases By Donald A. LoBue General Practice, Solo, and Small Firm, February 2007 There are many local governments in the State of Illinois.
Overtime wages excluded from average weekly wage calculation if not worked on a regular and mandatory basis By Timothy S. McNally Workers’ Compensation Law, June 2007 In Airborne Express v. Illinois Workers’ Compensation Commission, 865 N.E.2d 979, 310 Ill.Dec. 259, 2007 WL 837246 (Ill.App. 1 Dist), the First District of the Appellate Court clarified the issue of the inclusion of overtime in calculating average weekly wage.
Overview of attorney review cases By Joseph R. Fortunato, Jr. Real Estate Law, October 2007 Contract forms have contained clauses described variously as “Attorney Approval,” “Attorney Modification,” “Attorney Disapproval” and “Attorney Review.”
Overview of the multi-employer plan provisions in the Pension Protection Act of 2006 By Thomas Vasiljevich Federal Taxation, March 2007 The Pension Protection Act of 2006 (“PPA”), signed into law on August 17, 2006 by President Bush, contains significant changes for multi-employer plans.
Paramedic (EMS) immunity & legislative update By Andrew Roszak Local Government Law, November 2007 Paramedics are dispatched to a residence for an unresponsive male victim.
Partnering Agreements: how to get along with your adversaries By Margery Newman Real Estate Law, January 2007 Unlike Teaming Agreements and Joint Venture Agreements, a Partnering Agreement is not just a method of how people work together in the construction industry.
Pay yourself in residential real estate transactions By Peter R. Olson Real Estate Law, February 2007 The author lists 10 factors whereby you can directly fatten your client’s checkbook during your next real estate transaction.
Pay[ment] attention: a lesson in avoiding unintended accord and satisfaction By J. Matthew Pfeiffer Civil Practice and Procedure, May 2007 A fairly recent decision from the First District of the Appellate Court of Illinois will likely have corporate office managers, accounts receivable employees, and the like, double-checking each payment and correspondence received from their customers to make sure the fate that met the plaintiff in MKL Pre-Press Electronics/MKL Computer Media Supplies, Inc. v. La Crosse Litho Supply, LLC, 361 Ill.App.3d 872, 840 N.E.2d 687 (1st Dist. 2005), does not befall them.
Payment eligibility and limitations Agricultural Law, December 2007 This article is from the United States Department of Agriculture Farm Service Agency Web site.
The Personal Information Protection Act and its implications for integrated justice information systems By Kathleen deGrasse & Wil Nagel Government Lawyers, September 2007 This article focuses on the statutory notification obligations PIPA imposes upon government agencies that utilize or participate in a state-administered integrated justice information system.
Petitions for relief from judgments under 735 ILCS 5/2-1401 By Kimberly A. Davis & James F. McCluskey Civil Practice and Procedure, April 2007 Pursuant to the Illinois Code of Civil Procedure, a litigant is allowed the proverbial two bites at the apple to vacate a default order or other final order or judgment.
Phantom gain—It’s magic “Minimum” gain arising from partnership nonrecourse debt By Derek P. Usman Federal Taxation, December 2007 Section 702(a) provides a list of items arising from partnership operations that are to be separately distributed to each partner.
Plaintiff guesses wrong on naming right defendant for review case By Steven P. Garmisa Administrative Law, November 2007 Providing an unfavorable comparison to Illinois law, a wonderful Wisconsin statute says administrative agencies must inform people exactly who should be named as respondents in a petition for administrative review.
Plaintiff’s motion for remand after defendant’s diversity jurisdiction removal By Glenn R. Gaffney Federal Civil Practice, December 2007 For those trying to avoid Federal jurisdiction, the law is on your side.
The policy, the whole policy and nothing but the policy By Kristen A. Wadiak Workers’ Compensation Law, December 2007 In a recent case of first impression, the Fifth District Appellate Court of Illinois decided that the Defendant, an insurance company, was not allowed to pick and choose which parts of their uninsured policy were applicable regarding issues of workers’ compensation setoffs.
Potential speed bumps on Probate Avenue By Rex L. Brown Elder Law, December 2007 In the practice of law, unanticipated situations occasionally arise.
Practical problems in residential transactions By Myles Jacobs & Robert Duffin Real Estate Law, June 2007 Two realistic scenarios that practitioners must be aware of.
Practice Alert: Special issues in the social security disability case—COBRA & Medicare, aka, Snake Oil Medicine By David R. Bryant General Practice, Solo, and Small Firm, March 2007 The Consolidated Omnibus Budget Amendment Act of 1985 (COBRA) added ERISA Title I, Part 6, requiring that the sponsor of a group health plan make continuation coverage available to employees, spouses, ex-spouses, dependents, and others for periods of 18 to 36 months following an event that might otherwise result in loss of coverage.
Practice Alert: When advising a client that a plea for supervision is not a conviction. . . Think again!!! By Thomas A. Bruno General Practice, Solo, and Small Firm, February 2007 When Lou Grant interviewed Mary Richards for a job at WJM-TV, he asked her about her religion.