From the Editor . . .By Anthony J. DelGiornoElder Law, May 2008It was a pleasure to serve as editor of the Elder Law Section Council’s Newsletter during the 2007-08 year.
From the editorBy James K. Weston, Sr.Mineral Law, March 2008A message from Editor James K. Weston, Sr.
Frye on HGN—Part IBy Edward M. MaloneyTraffic Laws and Courts, September 2008Everyone in the DUI field knows that the Supreme Court, in People v. McKown, ordered a Frye hearing on whether the HGN test had been generally accepted as a reliable indicator of alcohol impairment.
Full-time employee’s overtime to be included in average weekly wage calculation when less than 40 regular hours are worked in a weekBy Christopher K. TriskaWorkers’ Compensation Law, December 2008Based on the finding in Airborne Exp., Inc. v. Illinois Workers’ Compensation Com’n, we have all grown accustomed to simply ignoring and excluding overtime wages indicated in wage statements when the overtime is not mandatory or a consistent part of an employee’s work week. Airborne Exp., Inc. v. Illinois Workers’ Compensation Com’n, 865 N.E.2d 979 (1st Dist. 2007).
General principles of trial witness disclosure under Supreme Court Rule 213By Daniel P. WurlTort Law, January 2008This article will focus on general principles of Rule 213 trial witness disclosure, testimony at trial, and appellate review as set forth in appellate court cases that have been decided in the last five years since the Supreme Court made major modifications to Rule 213 in 2002.
Gertz Award winner guided by voicesBy Sean O’BrienHuman and Civil Rights, November 2008Doug Cassel, winner of the 2008 Elmer Gertz Award, remembers the day in 1964 when he decided to become a lawyer.
“Gross errors of law” under the Arbitration ActBy Jon GilbertAlternative Dispute Resolution, April 2008The Seventh Circuit’s recent decision in Edstrom Industries, Inc., v. Companion Life Insurance(No. 06 C 964)( February 11, 2008) suggests that ADR practitioners take a close look at vacating awards based on “gross errors of law”, a legal argument which now appears to be a moving target. First, some background.
Group offers to multiple plaintiffs: When that dog won’t huntBy Peter R. Coladarci & Elena MartinezTort Law, December 2008In an injury case with multiple plaintiffs, it is not unusual for the defendant to make an undifferentiated offer to the group, and let the plaintiffs and their lawyers sort out the appropriate allocation of the amount offered.
Guantánamo in the Supreme Court … AgainBy Marc FalkoffHuman and Civil Rights, April 2008Boumediene v. Bush is the latest of the Guantánamo detainee cases to make it to our nation’s highest court, and it will be the third time that the Justices take a metaphorical tour of Guantánamo in order to sort out some fundamental issues concerning our country’s dedication to the rule of law in the age of terror.
Guidelines for buyer’s review of new construction contractsBy David VlcekReal Estate Law, June 2008While no two new construction contracts are the same, there are enough similarities in new construction contracts commonly used in Illinois to make it possible to provide a set of concrete notes and suggestions to lawyers representing buyers.
Handbills, soliciting, and the First AmendmentBy John H. BrechinLocal Government Law, September 2008The lesson of Horina v. City of Granite City is that any regulations on solicitation or other First Amendment activities must be solidly based in fact and law.
HappeningsBy Alyssa VincentAlternative Dispute Resolution, December 2008Recent updates of interest to ADR practitioners.
HappeningsBy Jillian RuggieroAlternative Dispute Resolution, October 2008Recent updates of interest to ADR practitioners.
HappeningsBy Kurt Kamrath & Ashley CrettolAlternative Dispute Resolution, June 2008Florida recently passed a bill that requires parties in homeowner’s association disputes to attempt mediation or arbitration prior to filing suit.
HappeningsBy Ashley CrettolAlternative Dispute Resolution, May 2008An amendment to the Financial Industry Regulatory Authority (FINRA) arbitration rules was approved by the Securities and Exchange Commission.
HappeningsBy Kurt KamrathAlternative Dispute Resolution, April 2008Recent developments in alternative dispute resolution.
HappeningsAlternative Dispute Resolution, January 2008The House of Representatives has just passed legislation that will give state officials the authority to compel FEMA to take part in mediations surrounding conflicts over claims to the national flood insurance program following a natural disaster.
A happy marriage: Divorce and estate planningBy Katarinna McBrideTrusts and Estates, October 2008Upon divorce, it is common for one spouse to pay alimony, modernly referred to as spousal support, to the other spouse.
Have you created a privacy policy?By David ClarkLegal Technology, Standing Committee on, October 2008With more and more information gathered electronically, everybody needs to consider a privacy policy.
He said, she said: Handling uncorroborated allegations of sexual harassmentBy Richard A. RussoLabor and Employment Law, June 2008While most of the general principles and steps for conducting an effective sexual harassment investigation apply to investigations involving uncorroborated allegations, there are a few additional issues that an employer should consider.
Health-care associated infections in hospitalsHealth Care Law, June 2008Editor’s Note: Health care quality is an area of increasing concern for hospitals and other providers. Beginning October 1, Medicare will not pay hospitals for certain events that are the result of avoidable mistakes. Included among such events are various infections and pressure ulcers.
