Articles From 2007

Case note By Rob Lyons Education Law, October 2007 In a recent opinion, released July 23, 2007, Lucille Russell v. Board of Education of City of Chicago, et al., the First District Appellate Court reversed the trial court which had affirmed the Board of Education of the City of Chicago’s decision to dismiss a tenured teacher.
Case note: Estate of Howell, ___Ill.App. 3d___ 2007 WL 1246972 (Ill.App. 5 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Howell case involved the estate of Fred W. Howell. Mr. Howell passed away.
Case Note: Estate of Kohlenbrener, 356 Ill.App.3d 414 (1st Dist. 2005) By John W. Foltz Elder Law, May 2007 In the Kohlenbrener case, the court had to decide whether a fee agreement between the decedent and two lawyers survived the decedent’s death.
Case Note: Estate of Lower, 365 Ill.App.3d 469 (2nd Dist. 2006) By John W. Foltz Elder Law, May 2007 The Probate Act allows a certain class of people to file a custodial claim against a decedent’s estate.
Case Note: Grate v. Grzetich, 2007 WL 1345247 (Ill.App.3 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Grate case involved a suit filed by Sue Grate, the guardian of the estate of Catherine Grzetich against Edward Grzetich who acted as a trustee of a testamentary trust created by John Grzetich who died in 1980.
Case Note: Poindexter, ET. Al. v. State of Illinois ex rel. Dept. of Human Services By Elizabeth Anderson Elder Law, February 2007 Does the Medicare Catastrophic Coverage Act preempt the spousal support provisions of article X of the Illinois Public Aid Code?
Case summaries Insurance Law, December 2007 Recent cases of interest to insurance law practitioners.
Case summaries Criminal Justice, November 2007 A probation officer lacks the authority to file a petition to revoke a defendant’s supervision and the trial court has no authority to consider the petition. People v. Kellems, 373 Ill.App.3d 1129 (2007).
Case summaries Insurance Law, September 2007 Summaries of the cases in this issue.
Case summaries By Jason Rossetto, Ahanti Osteen, Brendan Max, Gregory Paul Vazquez, Dana Drexler, & Attila Bogdan Criminal Justice, July 2007 During a police traffic stop, the passenger of an automobile is seized and detained in addition to the driver, for purposes of Fourth Amendment analysis. Brendlin v. California, 551 U.S. ___ (2007).
Case summaries Criminal Justice, March 2007 The Illinois Supreme Court held that the Juvenile Court Act terminates a court’s authority over a case when the juvenile attains the age of 21 except for purposes of collecting restitution or cases filed as extended jurisdiction juvenile prosecutions.
Case summaries Insurance Law, January 2007 Summaries of recent cases.
Case summary By David B. Franks Traffic Laws and Courts, March 2007 On August 18, 2002 the Defendant, Catherine Sturgess, was arrested and charged with driving under the influence of alcohol (DUI) and failure to reduce speed to avoid an accident.
Case update By Phil Milsk Education Law, July 2007 On June 25, 2007, a divided United States Supreme Court upheld the suspension of an Alaska high school student who refused to lower a banner that read “BONG HiTS 4 JESUS” while attending a school-sponsored event. Morse v. Frederick, 551 U.S. ___(2007).
Case updates By Frank M. Grenard Corporate Law Departments, October 2007 There are a couple of opinions in this update list that are of particular note: The Illinois Supreme Court’s extensive review of Requests to Admit procedures....and the 8th Circuit’s decision that civil judgments related to sex discrimination are non dischargeable in bankruptcy.
Caselaw update Employee Benefits, October 2007 Harzewski v. Guidant Corp., 489 F.3d 799 (7th Cir. 2007).
Cases Alternative Dispute Resolution, October 2007 Recent cases of interest to ADR practitioners.
Cases By Megan Boan & Steve Mroczkowski Alternative Dispute Resolution, May 2007 Bono brought a defamation suit against David relating to a joint development project.
Cases By Megan Boan & Steve Mroczkowski Alternative Dispute Resolution, March 2007 Volkswagen of American and Sud’s of Peoria signed a construction agreement which contained an arbitration clause, a loan agreement, and an agreement to facilitate the opening of a Volkswagen dealership.
Cases By Megan Boan & Steve Mroczkowski Alternative Dispute Resolution, February 2007 Subscribers entered into cable television contracts with Comcast. Comcast mailed notices that modified the contracts to include an arbitration clause.
Caveat emptor: Your non-Illinois purchase might mean no Illinois jurisdiction By J. Matthew Pfeiffer Civil Practice and Procedure, June 2007 A recent opinion from the Second District of the Appellate Court of Illinois puts Illinois residents on notice to be careful when it comes to transacting business with non-Illinois companies.
Center of main interests of a debtor By Petra Novotna International and Immigration Law, August 2007 The European Insolvency Regulation (EIR), the UNCITRAL Model Law on Cross-Border Insolvency and Chapter 15 of the U.S. Bankruptcy Code3 (Chapter 15) all contain a four-word mystery: “center of main interests.”
Chair’s Column By Hon. Michael Kiley Bench and Bar, December 2007 An introduction to the issue from Chair Michael Kiley.
Chair’s Column By Hon. Michael B. Hyman Bench and Bar, November 2007 A message from Section Chair Michael Hyman.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, October 2007 Welcome to the 2007-08 ISBA Alternative Dispute Resolution Section Council season. I want to begin by thanking ISBA President Joseph Bisceglia for appointing me as this year’s section council chair.
Chair’s column By Bernard Z. Paul Administrative Law, August 2007 The Administrative Law Section Council held its organizational meeting on Thursday, June 21, 2007 in Fontana, Wisconsin.
Chair’s column By Gregory A. Scott Family Law, August 2007 A message from Chair Gregory Scott.
Chair’s Column By Scott C. Colky Family Law, July 2007 Life’s short, so I will get to the point.
Chair’s column By Bernard Z. Paul Administrative Law, July 2007 A message from Chair Bernard Paul.
Chair’s column By Scott C. Colky Family Law, June 2007 The Illinois and Federal Eavesdropping and Wiretap statutes were originally passed to protect the privacy of persons in their own conversation and over the telephone.

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