Section Newsletters

Articles From 2007

Ethical and professional concerns By Robert Duffin & Myles Jacobs Real Estate Law, February 2007 Two scenarios that challenge practitioners' ethics.
Ethics issues By Eugene F. Friedman Human and Civil Rights, December 2007 The basics of copyright law
“Evident Partiality” in an arbitration proceeding By Jon Gilbert Alternative Dispute Resolution, October 2007 I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
Ex Parte Communication—Guidelines for the Administrative Law Judiciary By Hon. Ann Breen-Greco Administrative Law, July 2007 The concept of ex parte communication is well grounded in principles of fundamental fairness which prohibit a judge/administrative law judge/impartial hearing officer or any neutral decision-maker from communicating with either party in a dispute before the decision-maker, without the participation of the other party. The concept is also generally understood to prohibit any communication from any source, outside the presence of any party that might confer an advantage on any of the parties.
Examination of the recent class action lawsuits filed against large companies alleging improper fee structures concerning the management of plan participants’401(k) plans By Wes Covert Employee Benefits, October 2007 Beginning September 11, 2006, a series of lawsuits were filed against a number of large companies and their third-party administrators, charging that the plan fiduciaries breached their duties under the Employee Retirement Income Security Act of 1974, as amended, (ERISA) by subjecting plan participants to excess fees and expenses, thereby reducing the value of their investments.
An example of amendments that create new problems in Administrative Law By J.A. Sebastian Bench and Bar, November 2007 The following is a brief summary of attempts by the General Assembly to address a civil practice-pleading problem that, by piecemeal amendments, has actually generated more problems than the original legislation was enacted to address.
Excellence and strength through diversity: The positive impact on the future of our profession By Michele M. Jochner Women and the Law, June 2007 The legal profession has been a dynamic force in shaping the history of our nation. It is no surprise, therefore, that lawyers have a special place in our society as the protectors of the underprivileged and disenfranchised.
Excellence and strength through diversity: The positive impact on the future of our profession By Michele M. Jochner Diversity Leadership Council, June 2007 Increasing diversity within the legal profession not only contributes significantly to the quality of the profession, but also serves to enhance the public’s confidence in, and respect for, the legal system. As members of the legal profession, it is our duty and obligation to assume the lead in assuring that there is gender, racial, ethnic and sexual orientation diversity within our ranks.
Exclusive remedy update By Brad E. Bleakney Workers’ Compensation Law, September 2007 We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Exhaustion of administrative remedies clarified? By Patti Gregory-Chang Administrative Law, May 2007 The Appellate Court in Illinois Health Maintenance Guar. Ass’n v. Department of Ins. left as many questions unanswered as it clarified regarding exhaustion of administrative remedies.
Exhaustion, waiver and preemption: Poindexter v. State of Illinois By Jewel N. Klein Administrative Law, February 2007 If you are looking for a primer on exhaustion of administrative remedies, the necessity of making constitutional challenges at the agency level, and federal preemption of state law, the Fourth District’s opinion in Poindexter v. State of Illinois will come in handy.
Extra scrutiny revived: S&H Floor Covering, Inc. v. Illinois Workers Compensation Commission By Ingrid M. Lulich Workers’ Compensation Law, September 2007 S&H Floor Covering, Inc. v. Workers’ Compensation Commission, 373 Ill.App.3d 259 (4th Dist. 2007), at first blush appears to be a decision on the issues of notice and accident.
Failure to insure contraceptives was not sex discrimination By Michael R. Lied Labor and Employment Law, June 2007 Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
Failure to name the proper party in administrative agency appeals—Still a fatal flaw By Kathryn B. Richards Administrative Law, October 2007 The Second District Illinois Appellate Court recently added another precedential decision to the growing line of cases that apply a particularly narrow interpretation of the Administrative Review Law.
Farmland assessments—Where are we and where are we going? By Lindi Kernan Agricultural Law, July 2007 The following is the second of a two part series addressing farmland assessments.
Farmland assessments—Where are we and where are we going? By Lindi Kernan Agricultural Law, June 2007 The following is the first of a two-part series addressing farmland assessments.
Favorites By Bryan Sims Legal Technology, Standing Committee on, September 2007 Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Fear and loathing in the Wetlands: Murder on the Kumbaya Express—“It Ain’t That Pretty At All” By Thomas J. Immel Environmental and Natural Resources Law, February 2007 What is the environmental practitioner to do in advising a “wetlands” client after Rapanos?
Federal caselaw update Employee Benefits, December 2007 Recent cases of interest to employee benefits practitioners.
Federal District Court finds preemption bars carrier’s state law tort claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2007 In Yellow Transp., Inc. v. DM Transp. Management Services, Inc., the U.S. District Court for the Eastern District of Pennsylvania found that 49 U.S.C. §14501(c)(1) of the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) preempted Yellow’s state law tort claims against DM.
Federal estate and gift tax update By Michelle L. Heller Federal Taxation, January 2007 The Tax Court decided that the fair market value of decedent’s personal residence, which was transferred to a partnership formed shortly before the transfer, was includable in her gross estate under section 2036(a)(1) because she retained the “possession” and “enjoyment” of the property after the transfer.
The Federal False Claims Act: A look at qui tam actions aimed at the pharmaceutical manufacturing industry By John N. Maher Health Care Law, September 2007 This article presents the latest in a growing series of astronomical settlement agreements between pharmaceutical manufacturers and the United States, in cases brought by qui tam relators for false healthcare claims.
Fifth District grants new trial on damages when jury’s verdict is inconsistent with the evidence By Stephen C. Buser Civil Practice and Procedure, December 2007 Illinois law provides that a trial court may order a new trial if the damages are manifestly inadequate and a proven element of damages was ignored.
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow Civil Practice and Procedure, March 2007 In the recent decision of KSAC Corporation v. Recycle Free, Inc., the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Final QDIA regulations provide fiduciary relief By Jorge Leon Employee Benefits, December 2007 The Department of Labor has issued final safe harbor regulations dealing with default investment alternatives in qualified defined contribution plans.
Financial access and insurance: A preliminary description of factors that affect immigrants By Robin Newberger International and Immigration Law, December 2007 Providing financial services to immigrants is a growing business for bankers, and a growing area of study for policymakers and researchers.
Financial reporting 201: A review of key principles of environmental financial reporting By Chris Blume Environmental and Natural Resources Law, July 2007 Last year, this newsletter included an analysis of the key principles of financial reporting of environmental claims. This article provides a further update and a brief summary of the key concepts.
First District finds indemnity agreement covers claims of indemnitee negligence By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2007 On October 1, 2003, a truck driver who operated a tractor hauling a China Ocean Shipping Co. container hit a bus, killing passenger John Buenz. Buenz’s wife then brought a wrongful death claim against the driver, the transportation company and COSCO.
Five new laws passed in Springfield: Trusts and Estates Section Council legislative update By Ray J. Koenig & Amy Jo Smith Trusts and Estates, October 2007 During the 95th Session of the Illinois General Assembly, the Trusts and Estates Section Council monitored 20 pieces of proposed legislation impacting our area of practice.
Following up… By John H. Brechin Local Government Law, July 2007 In our May newsletter, I reported on the United States Supreme Court decision in Garcetti v. Ceballos, as well as subsequent cases decided in the (Fifth, Sixth, Seventh and Tenth) Circuit Courts of Appeals.