Editor’s noteBy Gary R. GehlbachReal Estate Law, May 2008Most of us remember the remark of the gentleman pointing to the man in the casket and remarking: “Brothers and sisters I have none.
Editor’s noteBy Paul E. FreehlingAdministrative Law, May 2008A message from Editor Paul Freehling.
Editor’s noteBy John L. NisivacoTort Law, April 2008The first article, written by William Cirignani, is designed to educate and assist litigators new to bile-duct injury cases.
Editor’s noteBy Gary R. GehlbachReal Estate Law, April 2008The March 2008 issue of this newsletter featured an article by Adam Whiteman about the Illinois Home Repair and Remodeling Act and recent appellate decisions addressing the impact of that Act.
Editor’s noteBy John L. NisivacoTort Law, March 2008A message from Editor John Nisivaco.
Editor’s noteBy Gary R. GehlbachReal Estate Law, March 2008The Bar Association’s fiscal year is July 1 through June 30, and this newsletter, as well as the other ISBA publications, follow this cycle.
Editor’s noteBy Gary R. GehlbachReal Estate Law, February 2008The ISBA/CBA Joint Committee on Ethics 2000 has developed and presented new Rules of Professional Conduct to the Illinois Supreme Court.
Editor’s noteBy John L. NisivacoTort Law, January 2008The first article of this edition is written by Tort Law Section Council Member, Dan Wurl. Mr. Wurl’s article provides an excellent primer on issues relating to the disclosure of witnesses pursuant to Supreme Court Rule 213.
Editor’s noteBy Thomas D. CavenaghAlternative Dispute Resolution, January 2008Once again, we welcome new student editors for this year’s volume. Ashley Crettol is a senior Psychology major and Math minor at North Central College.
Editor’s noteBy Gary R. GehlbachReal Estate Law, January 2008In case you missed Marylou Lowder Kent’s excellent summary of recently passed Illinois legislation (December 2007, Vol. 53, No. 6), Jim Weston has provided another summary.
Editor’s notesBy Michelle L. Thoma-CulverCorporate Law Departments, October 2008The focus of this month’s edition of The Corporate Lawyer is primarily on employment law issues faced by corporations.
Editor’s notesBy Richard D. HanniganWorkers’ Compensation Law, September 2008Workers' Compensation updates from Editor Rich Hannigan.
Editor’s notesBy Richard D. HanniganWorkers’ Compensation Law, March 2008The co-editors of this newsletter appreciate the positive feedback we have received for each issue that we have produced.
EEOC issues guidance on employment testingBy Michael R. LiedLabor and Employment Law, June 2008The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
Electronic discovery in antitrust litigationBy Jason FliegelSeptember 2008As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Emergency plans set for Circuit CourtsBy Justice Lloyd A. KarmeierBench and Bar, December 2008When disaster strikes, government’s first priority is the physical safety of its citizens.
Eminent domain—How do you value a leasehold interest?By John H. BrechinLocal Government Law, October 2008In 2002, IDOT filed an eminent domain action to acquire a portion of property owned by the Defendant, East Side Development.
Eminent domain—SWIDA is still alive!By John H. BrechinLocal Government Law, December 2008In the lawsuit prior to City of Chicago v. Midland Smelting Company, the City attempted to acquire Midland’s property through its use of the power of eminent domain.
Eminent domain—Who is an owner?By John H. BrechinLocal Government Law, October 2008The Anderson case involved the issue of who is properly considered an owner in an eminent domain proceeding and thereby entitled to the statutory rights attendant thereto.
Employee has claim for harassing workplace behavior not directed at herBy Michael R. LiedLabor and Employment Law, September 2008Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.
Employee lawfully discharged after objecting to disclosing protected health informationBy Michael R. LiedLabor and Employment Law, September 2008Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.
Employee seeking to include per diem in average weekly wage has the burden of proving real economic gainBy Erica N. RoginaWorkers’ Compensation Law, September 2008In United Airlines v. Workers’ Compensation Commission, 382 Ill.App.3d 437, 887 N.E.2d 888 (1st Dist. 2008), Justice Hoffman, writing for a unanimous court, vacated the Commission’s calculation of the petitioner’s average weekly wage, finding that the per diem paid to the petitioner is not to be automatically included in the average weekly wage, but rather, as a workers’ compensation claimant, the petitioner must meet her burden of proof on this issue by establishing that she actually realized an economic gain.
Employers beware: Illinois gives employees ticket to take discrimination claims to state courtBy Ellen M. GirardCorporate Law Departments, February 2008Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliationBy Michael R. LiedLabor and Employment Law, February 2008In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
Employer’s confidentiality policy violates labor lawBy Michael R. LiedLabor and Employment Law, September 2008The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Employment claims based on association with another personBy Michael R. LiedLabor and Employment Law, December 2008You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.
