Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, December 2008Recent cases of interest to ADR practitioners.
Case summariesCriminal Justice, November 2008In People v. Rodriguez, 229 Ill. 2d 285; 891 N.E.2d 854; 2008 Ill. LEXIS 375; 322 Ill. Dec. 563, the Illinois Supreme Court was faced with the applicability of the 15 year enhancement provision when a person is convicted of First Degree Murder under a theory of accountability.
Case summariesBy Julia Kucan, Jillian Ruggiero, & Alyssa VincentAlternative Dispute Resolution, October 2008In Washington, the Supreme Court recently ruled four provisions in the AT&T customer service agreement were unconscionable provisions that permeated the arbitration agreement, that the entire arbitration agreement was unenforceable and needed to be severed from the original agreement.
Case summariesCriminal Justice, June 2008Johnnie Wilson was in his apartment on February 3, 2003 when his parole officer and two Chicago police officers entered.
Case summariesBy Ashley Crettol & Kurt KamrathAlternative Dispute Resolution, June 2008The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Case summariesInsurance Law, June 2008HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Case summariesBy David B. Franks & Hon. John A. WasilewskiCriminal Justice, May 2008In 2000 the victim hired defendant and another individual to perform electrical work in her apartment. The project lasted several months.
Case summariesBy Ashley CrettolAlternative Dispute Resolution, April 2008The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
Case summariesInsurance Law, March 2008Summaries of recent cases of interest to insurance law practitioners.
Case summariesCriminal Justice, January 2008In the Circuit Court of Peoria County, the defendant was convicted of the offense of Armed Robbery after a jury trial.
Case summariesBy Ashley CrettolAlternative Dispute Resolution, January 2008Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Case summaryBy Stanley R. KaminskiState and Local Taxation, February 2008Pooh-Bah Enterprises, Inc. v. Cook County, City of Chicago, et al, Ill. App. Court. (1st Dist. 12\21\2007)
Case updateBy Phil MilskEducation Law, June 2008Two Illinois school districts and some parents sued the U.S. Secretary of Education seeking a declaratory judgment that certain requirements of the No Child Left Behind Act conflict with the Individuals with Disabilities Education Act.
Case updatesCorporate Law Departments, September 2008To read the full opinion of any of the cases decided in the Seventh Circuit Court of Appeals, go to http://www.ca7.uscourts.gov/. Under Case Information, choose Opinions and search by either party name or case number, both listed for the cases below.
Case updatesBy Frank M. GrenardCorporate Law Departments, March 2008Speight v. Walters Development. Implied warranty of workmanlike construction extends to subsequent purchasers (here third owners of home) who purchased home and discovered water damage and mold that allegedly resulted from defective roof and rain gutter construction.
CasesBy Kurt KamrathAlternative Dispute Resolution, May 2008In a six to three decision, the Supreme Court refused to expand the grounds for court review of an arbitration award.
CasesBy Kurt KamrathAlternative Dispute Resolution, February 2008Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Caution: Res judicata may bar the refiling of a voluntarily dismissed claimBy Timothy J. Chorvat & Sarah S. RuffCivil Practice and Procedure, June 2008In January of this year, the Illinois Supreme Court decided Hudson v. City of Chicago, No. 100466, 2008 Ill. LEXIS 12 (Ill. Jan. 25, 2008), rehearing denied April 28, 2008.
Celebrate Women’s Equality Day on August 26thBy Bella AbzugWomen and the Law, October 2008At the behest of Rep. Bella Abzug (D-NY), in 1971 the U.S. Congress designated August 26 as “Women’s Equality Day.”
Chair’s ColumnBy Hon. Edward J. SchoenbaumBench and Bar, December 2008I thought I would take this opportunity to let all of our readers know what we are up to this year.
Chair’s ColumnBy E. Lynn GraysonWomen and the Law, December 2008Given the progress of women attorneys in the legal profession, the need for or relevance of women’s bar associations, including similar groups existing within traditional bar associations, often is questioned.
Chair’s ColumnBy Champ W. DavisAlternative Dispute Resolution, October 2008The ADR Council is off to a good start in the 2008-2009 Bar year. We have several new members—all of whom are actively involved in alternative dispute resolution.
Chair’s ColumnBy Edward J. SchoenbaumBench and Bar, October 2008As chair of the ISBA Bench & Bar Section, I am delighted that H. Thomas Wells Jr. , began his one-year term as ABA President by focusing his support upon the core values that are so important to our members, judges, lawyers, litigants, and the public.
Chair’s ColumnBy E. Lynn GraysonWomen and the Law, October 2008It is my distinct pleasure to serve as Chair of the Women and the Law Committee this year.
Chair’s columnBy J.A. SebastianGeneral Practice, Solo, and Small Firm, September 2008Once again I repeat the scope/mission statement of the General Practice, Solo & Small Firm Section Council: “To promote professional excellence among those engaged in the general practice of law through education relating to substantive legal practice areas and by providing opportunities for the exchange of information particularly pertinent to the needs of solo and small firm practitioners.
Chair’s ColumnBy Hon. Edward J. SchoenbaumBench and Bar, August 2008Last month, in my first column, I focused on receiving input from our readers on what the members of the bench and bar would like us to provide them.
Chair’s ColumnBy Hon. Edward J. SchoenbaumBench and Bar, July 2008The Bench & Bar Section Council met in St. Louis for its annual meeting on Friday, June 27, 2008. We focused on some planning for the coming years.
Chair’s columnBy Thomas M. BattistaState and Local Taxation, June 2008A message from Section Chair Thomas Battista.
Chair’s ColumnBy Stanley N. WasserAlternative Dispute Resolution, May 2008I would like to begin this column by thanking all of the ADR Section Council members whose knowledge, hard work, inventiveness and dedication make our ADR Section Council a dynamic entity that serves the members of the Illinois State Bar Association, that seeks to enhance and improve the workings of the Illinois court system and who are dedicated to concept that our clients and the public at large–individual, business, government–deserve at times a better way to resolve the inevitable disputes that may arise in our daily comings and goings.
Chair’s ColumnBy Stanley N. WasserAlternative Dispute Resolution, April 2008With mind over matter, I see spring coming and that means baseball.
