Articles From 2008

10-Year limitations period applies to indemnity suit By Robert T. Park Civil Practice and Procedure, August 2008 In Travelers Casualty & Surety Co. v. Bowman, Docket No. 103759, 2008 WL 2837323 (July 24, 2008), the Supreme Court held that the 10-year statute of limitations applied to a suit on a written indemnity agreement arising from defaults under construction contract performance bonds.
10th Annual ISBA/YLD Holiday Party another great success Young Lawyers Division, February 2008 Held on Friday, November 30 at Joe’s Sports Bar on Weed Street in Chicago, the annual fundraiser garnered a net total of about $18,000 to be used to help establish and maintain child-friendly courthouse waiting rooms and child-related projects in Illinois.
2007 Amendments to ILCS 770 60/23 – The Public Lien Act – Public Act 095-0274 By Julius Shapiro Real Estate Law, February 2008   The following is a brief summary of the changes that became law. The changes, except for the definition of unit of local government as set forth hereinafter, apply to both the state and local governmental work.
2007 World Economic Forum’s Gender Gap Index By E. Lynn Grayson Women and the Law, January 2008 On November 8, 2007, the World Economic Forum released its second Gender Gap Index Report – a framework for capturing the magnitude of gender-based disparities across the world and tracking how they evolve over time. The top 20 countries that performed best in the 2007 index are outlined below along with their ranking in 2006.
401(k) Retirement fees—Are these fees being fully and properly disclosed to employers? By Jeffrey B. Feld & Theresa Piotrowski Corporate Law Departments, January 2008 The retirement plan market place has been abuzz with discussions regarding fees.
4H and FFA income tax By Paul A. Meints Agricultural Law, September 2008 Your client’s 16-year-old child is involved with the Future Farmers of America (FFA) program at his high school.
The 7th Circuit considers the Immigration Nursing Relief Act By Anne M. Skallerup International and Immigration Law, August 2008 The Court of Appeals in the Seventh Circuit affirmed the district court’s holding that a private complaint is not necessary for the Secretary of Labor to initiate an investigation under the Immigration Nursing Relief Act, and that if foreign nurses are not paid the same wage as domestic registered nurses similarly employed in a facility, then they are entitled to back pay for their entire H-1A visa work period.
The 7th Circuit upholds application of the act-of-state doctrine By Timothy B. White International and Immigration Law, June 2008 In a relatively rare case involving the act-of-state doctrine, the Court of Appeals in the Seventh Circuit determined that the district court did not err in applying the act-of-state doctrine to the Plaintiff’s claim for the wrongful loss of his property when Polish police seized and subsequently “lost” his computers after Defendants filed a criminal complaint against his Polish corporation for alleged intellectual property infringement.
9th Circuit finds Carmack preempts intentional tort claim against mover By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2008 The United States Court of Appeals for the Ninth Circuit has affirmed a California District Court ruling that the Carmack Amendment of 49 U.S.C. §14706 preempted an intentional infliction of emotional distress claim arising out of an interstate household goods move inWhite v. Mayflower Transit, L.L.C., Case No. 07-55528 (decided 9/12/08).
Acupuncture: What, When, Why and How? By Dr. Shanna Fritsch Women and the Law, March 2008 For thousands of years, Eastern Medicine has used acupuncture to treat everything, including emotional disorders, pain, analgesia and wrinkle reduction.
The ADA on the edge of 17: That was the law that was By Patrick J. Kronenwetter Racial and Ethnic Minorities and the Law, June 2008 Diversity, to no one’s surprise, means different things to different people.
The ADA on the edge of 17: That was the law that was By Patrick J. Kronenwetter Diversity Leadership Council, June 2008 In addressing the concept of diversity within the legal profession, the constituencies that most often come to mind are women, racial and ethnic minorities and persons with alternate sexual orientations or gender issues. But there is another, sometimes over-looked, group of lawyers who should be included in any discussion on diversity—namely, lawyers with disabilities.
Additional Illinois case update By Raymond A. Fylstra Corporate Law Departments, March 2008 On February 7, 2008 the Illinois Supreme Court issued a notable free speech/defamation opinion,Imperial Design v. Cosmo’s Designer Direct.
Administrative review bills that have been approved by the 95th General Assembly By William A. Price Administrative Law, September 2008 Senate Bill 2111 amends the Illinois Administrative Procedure Act in regard to procedures for naming parties and for serving summons and decisions.
ADR happenings By Ashley Crettol Alternative Dispute Resolution, February 2008 Recent developments in ADR. 
Advanced training in sentencing reform held for Illinois judges and other stakeholders in the justice system By Joseph Tybor Bench and Bar, October 2008 Twenty Illinois judges received advanced training recently in evidence-based practices (:EBP”)–a sentencing reform tool aimed at reducing recidivism by tailoring probationary conditions to risk factors identified in an offender’s life.
Advantages and benefits for U.S. investors in Thailand By Piyatida Pavasutti International and Immigration Law, January 2008 The World Bank has also published very positive rankings of Thailand for ease of doing business. Not only is Thailand one of the top five countries in Asia, but it also one of the top 20 countries on the planet in this category.
Advocates regroup in aftermath of Supreme Court denial of review in case that leaves families defenseless and without due process By Diane L. Redleaf Human and Civil Rights, November 2008 It seems like Due Process 101: the State cannot deprive an individual of liberty without any basis and without providing a process by which the deprivation can be challenged.
Affirmative defenses in federal court: What every practitioner should know By Patrick T. Driscoll, Jr. & Patricia M. Fallon Federal Civil Practice, June 2008 Rule 8 of the Federal Rules of Civil Procedure (“FRCP”) governs the assertion of affirmative defenses in civil cases filed in federal court and is defined:
Agency Procedures and Administrative Rules 1: Information Sources By William A. Price Administrative Law, August 2008 Agency rules of practice, like the rules of court, often determine who wins and loses in administrative proceedings. These rules get rewritten from time to time.
All Appropriate Inquiry at eight months: The more things change, the more they stay the same By Joseph R. Podlewski, Jr. Environmental and Natural Resources Law, March 2008 The impact of the federal “All Appropriate Inquiry” regulations (40 C.F.R. Part 312) on the environmental assessment industry was the subject of much discussion among environmental professionals following the publication of the final AAI rules in the Federal Register on November 1, 2005.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, December 2008 Illinois law has long-recognized that a liability insurer, including a medical malpractice insurer, which fails, when given the opportunity, to settle a claim against an insured party within policy limits, may be held liable in tort for failing to do so.
All the latest developments in health care law By W. Eugene Basanta & Brittany Ledbetter Health Care Law, September 2008 Most health care lawyers are generally familiar with the preemption provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq.
All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, & Andrew Roszak Health Care Law, June 2008 The Seventh Circuit Court of Appeals denied a petition for review and granted judicial enforcement of an order by the National Labor Relations Board against the petitioner, a hospital corporation.
All the latest developments in health care law By W. Eugene Basanta, Laura K. Johnson, & Andrew Roszak Health Care Law, March 2008 Recent cases of interest to health care law practitioners.
All you need is love. . . And the right legislation: The Illinois Religious Freedom Protection and Civil Unions Act (House Bill 1826) By Annemarie E. Kill Racial and Ethnic Minorities and the Law, June 2008 As of this writing, the deadline for action has been extended to allow time to obtain sufficient support to ensure the bill is passed.
All you need is love. . . And the right legislation: The Illinois Religious Freedom Protection and Civil Unions Act (House Bill 1826) By Annemarie E. Kill Diversity Leadership Council, June 2008 The Illinois Religious Freedom Protection and Civil Unions Act (HB 1826) was originally introduced in the Illinois House on February 23, 2007.
Amendment of the Illinois Human Rights Act By Eileen M. Geary Government Lawyers, December 2008 Employers, including local governments, are preparing to defend a new type of case in circuit court.
Amendment to FMLA of 1993 covers care for injured or ill service members and for “qualifying exigency” By J.A. Sebastian General Practice, Solo, and Small Firm, March 2008 On January 28, 2008, President Bush signed an amendment to the Family and Medical Leave Act of 1993 (FMLA) as part of the National Defense Authorization Act for FY 2008 (NDAA) (Pub. L. 110-181).
An analysis of the court’s authority to order the sale of property prior to entry of judgment By Michael DiDomenico Family Law, June 2008 The authority of the trial court to order the sale of property during the pendency of a case is frequently litigated in domestic relations matters.