Articles From 2009

Public sector discipline: May 2009 Term of Court By Leonardo Morales Government Lawyers, September 2009 A review of the case of In re Mills.
Public sector discipline: November 2008 term of the Supreme Court, and some advice to attorneys, judges, and law students By Leonardo Morales Government Lawyers, April 2009 Given the recent number of substance abuse cases that have been reported in this newsletter, the editors suggest a reminder to all attorneys, judges, and law students of the availability of the Lawyers’ Assistance Program.
Public sector discipline: September 2009 Term of the Supreme Court By Rosalyn B. Kaplan Government Lawyers, December 2009 In re Gable, Commission No. 08 CH 67, S. Ct. No. M.R. 23234 (September 22, 2009). Jarrett Ward Gable was an Assistant Public Defender in Cook County during the misconduct in question. On May 28, 2006, he was arrested at a music festival in Peoria and was charged with two counts of possession of psilocybin, a controlled substance that acts as a hallucinogen.
Pyett: Waiver of statutory federal judicial forum rights in collective bargaining agreements By Stephen E. Balogh & Adam B.E. Lied Labor and Employment Law, September 2009 Recently, the Court’s ruling in 14 Penn Plaza v. Pyett, presented a complete break with the prior understanding of bargained-for arbitration clauses
A question of right? Jury trials in garnishment proceedings By Crystal Correa Bench and Bar, September 2009 Garnishment orders are normally served on banks, insurance companies and other third parties that might hold assets for a judgment debtor. On occasion, third party garnishees, when filing an answer to interrogatories, also file a jury demand. But are parties entitled to a jury trial during garnishment proceedings?
Ready, the Plaintiff’s perspective By Katharine Byrne Bench and Bar, February 2009 The Illinois Supreme Court’s opinion in Ready v. United/Goedecke Services, Inc. makes it possible for Illinois plaintiffs to enter into good-faith settlements with defendants without jeopardizing their case against a defendant that remains at trial or verdict.
Ready, the trial court’s perspective By Hon. William D. Maddux Bench and Bar, February 2009 Recently, in Ready v. United /Goedecke Services, Inc., 2008 Ill. LEXIS 1439 (Ill. Nov. 25, 2008), the Illinois Supreme Court held that settling defendants should not be among the parties listed on jury verdict forms when those juries are asked to apportion fault.
Ready v. United/Goedecke Services, Inc.: A defense perspective By Eugene A. Schoon & James R.M. Hemmings Bench and Bar, February 2009 In Ready v. United/Goedecke Services, Inc., the Illinois Supreme Court determined that a jury may not allocate fault to defendants who have settled prior to trial under the comparative fault provisions of 735 ILCS 5/2-1117.
Recent appointments and retirements Bench and Bar, December 2009 The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, October 2009 Recent changes in Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, September 2009 Recent changes in Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, July 2009 Recent changes in Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, June 2009 Recent changes in Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, April 2009 Recent changes in Illinois' Judiciary.
Recent appointments and retirements Bench and Bar, February 2009 Recent changes in Illinois' Judiciary.
Recent case law: Illinois drainage code and the repair and replacement of drain tile By Jeffrey A. Mollet Agricultural Law, November 2009 The recent case of Halpin v. Schultz is an interesting but not unexpected development for real estate and agricultural lawyers.
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, May 2009 Recent cases of interest to tax attorneys.
Recent developments in merger enforcement and policy under China’s new anti-monopoly law By Michael Jacobs June 2009 Over the past several months,four important developments have shed some light on the short-term future of merger analysis in China.
Recent traffic cases By Thomas M. Moran & James J. Ahern Traffic Laws and Courts, December 2009 Decisions related to recent traffic cases. 
Recent traffic cases By Thomas M. Moran & James J. Ahern Traffic Laws and Courts, September 2009 Recent cases of interest to traffic laws practitioners.
Recent traffic cases By Thomas M. Moran & James J. Ahern Traffic Laws and Courts, June 2009 Recent cases of interest to traffic laws practitioners.
Reconciliation of apparent conflict between state and federal law by Supreme Court holds that community spouses are liable for certain long-term care costs By John W. Foltz Elder Law, January 2009 A summary of the case of Poindexter v. Department of Human Services, 229 Ill. 2d 194 (May 27, 2008).
Reducing the risks associated with title agent closings By Adam B. Whiteman Real Estate Law, September 2009 Four suggestions to minimize the risk to seller clients.
Reference release overcomes tortious interference claim By Michael R. Lied Labor and Employment Law, December 2009 Under Illinois law, if a written release is clear and unambiguous, the court determines the parties’ intent from the plain language of the document. 
Reflections on World AIDS Day By Yolaine Dauphin Racial and Ethnic Minorities and the Law, November 2009 According to The Skeptics Guide to the Global AIDS Crisis, a book authored by Dale Hanson Bourke, approximately 8,500 people die of AIDS every day.
Reflections on World AIDS Day By Yolaine Dauphin Diversity Leadership Council, June 2009 According to The Skeptic’s Guide to the Global AIDS Crisis, a book authored by Dale Hanson Bourke, approximately 8,500 people die of AIDS every day.
Regulatory agendas, lists, and other compliance aids By William A. Price Administrative Law, September 2009 The Illinois Administrative Procedure Act allows counsel some insight into what rules are coming down the pike by requiring all agencies to publish regulatory agendas in the January 1 and July 1 editions of the Illinois Register.
Reinvigorating Habeas Corpus: Ruling on “actual innocence” By Sheila M. Murphy Human and Civil Rights, October 2009 In Re Troy Anthony Davis was decided by the U.S. Supreme Court, No.08-1443 (Aug. 17, 2009), over the dissent of Justice Scalia and Justice Thomas.  
Relation-back doctrine: Stevanovic v. City of Chicago By Hon. Daniel T. Gillespie Civil Practice and Procedure, April 2009 The relation-back doctrine is one interesting legal principle that most attorneys do not come across very often.
Relocating a Law Practice (Or How to Survive the Move Without Losing Your Mind) By Mary A. Corrigan Law Office Management and Economics, Standing Committee on, December 2009 Lawyers, like most people, are creatures of habit and avoid change at all costs. How then can an attorney or a law firm deal with a major change like a physical practice relocation and still retain their sanity?