Articles From 2007

Closing the gap: Why and how we should address the lack of law student involvement in the ISBA By George L. Schoenbeck Young Lawyers Division, December 2007 On November 8, 2007 I took a large step in my life by becoming a licensed attorney. After 20 straight years of school, from kindergarten through law school, I finally crossed the last threshold at the end of my formal education.
Co-Editors’ note By John L. Conlon February 2007 The Supreme Court will be addressing the issue of vertical minimum resale price maintenance this term.
Co-Editor’s notes By Sandra Crawford Women and the Law, May 2007 One of the goals of the Women and the Law Committee is to promote women in all aspects of the profession.
Co-Editor’s notes By Janet D. Pallardy & Richard D. Hannigan Workers' Compensation Law, March 2007 Congratulations go out to our Chairperson and Vice-Chair Deb Benzing and John Shepherd on another sell out seminar February 12, 2007 and February 19, 2007.
Cohabitation revisited By Gary Schlesinger Family Law, December 2007 There have been several cases dealing with cohabitation as a means of terminating maintenance payments. These newer cases have significantly changed the law in this area so it is time to revisit the issue.
The Collateral Source Rule and Vehicle Photos: Two Recent Cases By Robert T. Park Civil Practice and Procedure, May 2007 Two decisions were handed down recently by the Illinois appellate court that are important to personal injury practitioners.
Collection procedure update Federal Taxation, March 2007 Section 509 of the Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) had a profound effect on offer in compromise procedures, especially those for the submission of most offers based on doubt as to collectibility.
Committee Member Spotlight on our very own 2007 Young Lawyer of the Year, Heather M. Fritsch By Mary F. Petruchius Women and the Law, November 2007 It was with great pleasure that I nominated Heather M. Fritsch for the 2007 ISBA Young Lawyer of the Year Award because I firmly believe that Heather possesses all the attributes of a “lawyer of the year.”
Committee member spotlight: Patrice Ball-Reed, former committee member Women and the Law, May 2007 Patrice Ball-Reed, former long-time member of the Women and the Law Committee, was recently honored by the Chicago Defender as a member of the newspaper’s inaugural Class of Women of Excellence.
Community caretaking: No longer the third tier of police-citizen encounters By Steven J. Block Traffic Laws and Courts, January 2007 In Illinois, the appropriate test in determining whether a seizure has occurred for a person seated in a parked vehicle is well settled.
Compensation-for-contribution: An alternative method for handling personal goodwill in divorce matters By Brian R. Potter & Justin L. Cherfoli Family Law, June 2007 As in numerous jurisdictions throughout the United States, Illinois courts require valuators in family law settings to delineate personal goodwill from the total goodwill of the business enterprise being valued.
The complex world of calculating overtime By Jim McGrath Corporate Law Departments, June 2007 In January of this year, the Wage and Hour Division of the U.S. Dept. of Labor announced a settlement with a private employer that is the largest settlement in their history.
“The condemnation of Sir Walter Raleigh” or “confronting confrontation” By Thomas A. Bruno Human Rights, June 2007 The Illinois Supreme Court has decided a case on the Confrontation Clause that takes us back to the days of Sir Walter Raleigh.
Consider a Co-op in the sale of a Closely Held Business By Tracy J. Nugent Business and Securities Law, March 2007 Owners of closely held businesses often consider establishing an Employee Stock Ownership Plan (ESOP) as a means to share with workers the expected growth in the value of the company and also to provide the additional incentive associated with equity ownership.
Contacting an opponent’s employee and former employees By Mark Rouleau Civil Practice and Procedure, December 2007 This article addresses the scope of the attorney-client privilege with respect to counsel’s contact with employees of an opposing party.
Contempt of Court: Is bad faith enough? By Thomas A. Else Family Law, September 2007 In many marital settlement agreements, the parties are required to engage in various complex acts in order to achieve the goals embodied in the agreement.
Contested custody / visitation litigation: A satire By Roza Gossage & Pamela J. Kuzniar Family Law, April 2007 Years ago, superheroes held the values of our ancestors and would not father a child out of wedlock.
Continuing the hallmark of diversity awareness at the 4th Annual Peoria County Bar Association’s Diversity Luncheon By Sonni Choi Williams Racial and Ethnic Minorities and the Law, October 2007 On September 17, 2007, the Peoria County Bar Association’s Diversity Committee held its fourth annual Diversity Luncheon and continued the tradition of highlighting the importance of diversity in the legal profession.
Contractual foundations of universal human rights By Christopher R. Minelli Human Rights, June 2007 Next year marks the sixtieth anniversary of the ratification of the United Nation’s Universal Declaration of Human Rights.
Convenient care clinics in Illinois: The legal landscape By Andrés J. Gallegos Health Care Law, December 2007 Convenient care clinics (known as “retail health clinics”) are highly affordable and accessible health clinics that offer general medical services to the public on an ongoing basis.
Corporate attorneys and claims of privilege By Glenn R. Gaffney Federal Civil Practice, June 2007 In today’s Fortune 500 companies, many of which have a presence in the State of Illinois, lawyers perform a variety of roles, including but clearly not limited to, that of corporate counsel.
Court finds both that Carmack Amendment remedy preempts state law claims and that Carmack Amendment waiver was not established By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2007 In MidAmerican Energy Co. v. Start Enterprises, Inc., a motor carrier dropped a storage array on the floor during the course of an interstate move from Nebraska to Iowa, causing damage of approximately $213,392.
Court reinforces prohibition against using deceased party’s discovery deposition as trial evidence By Kathryn R. Hoying Civil Practice and Procedure, October 2007 In the matter of Longstreet v. Cottrell, Inc., 374 Ill.App.3d 549, 871 N.E.2d 72 (5th Dist. 2007), the appellate court reconciled Illinois Supreme Court Rules 212(a)(3) and 212(a)(5), and affirmed the trial court’s order barring the use of a deceased plaintiff’s discovery deposition as evidence at trial. Plaintiffs, a truck driver and his wife, filed suit for bodily injury and loss of consortium allegedly suffered in connection with the husband’s employment.
Court reviews jury instructions, expert testimony, remittitur and post-judgment interest By Kathryn R. Hoying Civil Practice and Procedure, February 2007 In the recent strict products liability case of Mikolajczyk v. Ford Motor Co., the court resolved a number of issues where a decedent’s estate alleged a defective design of a collapsing front seat against Ford, and negligence against the other driver, whose negligence was determined by summary judgment.
Courtroom Information Project prepares courtrooms for the future By Martin Typer Legal Technology, Standing Committee on, November 2007 As the Ogle County Circuit Court Clerk for the 15th Judicial Circuit, in Oregon, Illinois, I was recently invited to have my court participate on a free internet Web site called the Courtroom Information Project.
Courtroom security: Whose problem is it? By Barbara E. Hardin Family Law, July 2007 For those of us practicing in the challenging arena of domestic relations, we often are witness to the turbulent and volatile situations that occur in courtrooms which require prompt and effective security intervention.
Crawford v. Washington—Confrontation clause By Thomas A. Bruno Bench and Bar, August 2007 The Illinois Supreme Court has decided a case on the Confrontation Clause that takes us back to the days of Sir Walter Raleigh.
Crisis nurseries in Illinois: Keeping families together By Catherine M. Ryan Child Law, March 2007 Illinois now is home to six crisis nurseries which protect children and support families in emergencies.
The critical role of employee controls in data security By Ryan Sulkin Business Advice and Financial Planning, February 2007 Employees are key to a company’s successful compliance with various legal and administrative requirements involving data security.
Cross-examination of a medical expert witness regarding the expert’s personal opinion or personal practice By John M. Stalmack Tort Law, July 2007 In a medical negligence action in which expert testimony is required to meet the burden of proof, the expert must establish the standard of care.

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