Time is of the essence, or is it?By John B. KincaidCivil Practice and Procedure, October 2009Two recent Rule 23 Orders decided by separate panels of the Second District Appellate Court appear to conflict as to whether a court can limit the cross-examination of a witness or the submission of evidence which supports the litigant’s case.
Timing is everything: Jury instructions and Supreme Court Rule updateBy Hon. Barbara CrowderCivil Practice and Procedure, October 2009An examination of the changes to Jury Instruction 1.01 issued in May 2009 and the June 2009 modification of Supreme Court Rule 239 effective September 1, 2009.
Top 10 tips for Adobe Acrobat Professional 8By Roy GreenbergLegal Technology, Standing Committee on, February 2009The author's 10 best tips for using Adobe Acrobat Professional 8, with an emphasis on communicating with people who are resistant to learning about PDFs.
The top 10 tips for representing juvenilesBy Mary F. PetruchiusChild Law, June 200910 tips to help assist the private practitioner in achieving true success with the juvenile client, not just the juvenile case.
Top 11 tips for Adobe Acrobat Professional 9By Roy GreenbergLegal Technology, Standing Committee on, February 2009The author provides tips for use for users that will even work with older versions of Acrobat.
Transfer on death designations and title to real estateBy Werner GruberElder Law, July 2009Various methods exist to transfer property outside probate upon one’s death. One such tool, developed for use with bank accounts, involves a pay-on-death (POD) designation. Another tool, developed for use with securities, involves a transfer-on-death (TOD) designation.
Transparency and the Open Meetings ActBy Maryann BullionLocal Government Law, April 2009Despite the fact that the Supreme Court recognized the need for transparent government in 1860, this policy was not codified as the Open Meetings Act until 1957, and the Freedom of Information Act was not enacted by the legislature until 1984.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendantsBy Michael G. CortinaCommercial Banking, Collections, and Bankruptcy, January 2009A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitrationBy Robert E. Wells, Jr.Alternative Dispute Resolution, November 2009The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Truancy—A view from RockfordBy Kathryn BischoffChild Law, March 2009Rockford's Municipal Truancy Ordinance, enacted in January 2007, makes it unlawful for a student who is subject to compulsory education laws (age six through 16) to miss one or more periods of the school day without valid cause.
Trusts and Estates Section Council Legislative UpdateBy Ray J. Koenig, III & MacKenzie HydeTrusts and Estates, March 2009This article reviews bills pending in the 96th Session of the Illinois General Assembly that impact our practice areas.
Two new laws require employers to extend health benefitsBy Jim McGrathCorporate Law Departments, January 2009Recently President Bush signed Michelle’s Law, prohibiting health insurance companies from terminating coverage for dependent college students who are forced to leave school due to a medical condition or serious injury.
Two recent cases address who must be insured for UIM coverageBy Kevin W. BloeseInsurance Law, October 2009Two recent appellate court decisions, Schultz v. Illinois Farmers Insurance Company, 387 Ill. App. 3d 622, 327 Ill. Dec. 224, 901 N.E.2d 957 (1st Dist. 2009), and DeSaga v. West Bend Mutual Insurance Company, ___ Ill. App. 3d ___, 331 Ill. Dec. 86, 910 N.E.2d 159 (3d Dist. 2009), will require that automobile insurers use a uniform definition of an “insured” for the liability, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
Uncertain times for estate planners: What changes loom for 2009?By Jesse T. CoyleTrusts and Estates, July 2009Several possible changes that may occur in the very near future pose great uncertainty for estate planners. The biggest uncertainty revolves around the estate tax.
Undocumented worker is awarded permanent total disability benefitsBy Kevin S. BothaWorkers’ Compensation Law, March 2009In a landmark decision, Economy Packing Co v. Illinois Workers’ Compensation Comm’n, the Appellate Court affirmed an order from the Circuit Court of Cook County which confirmed the decision of the Illinois Workers’ Compensation Commission that awarded the Petitioner permanent total disability benefits pursuant to the Workers’ Compensation Act.
Update on vapor intrusion rulemakingBy Becky J. SchanzEnvironmental and Natural Resources Law, July 2009In September 2008, the Illinois EPA submitted Rulemaking 09-9 amendments which add indoor inhalation exposure routes for vapor intrusion to TACO and update the remediation objectives for all exposure routes.
Update regarding First-Time Homebuyer Tax CreditBy Emily R. VivianReal Estate Law, April 2009As part of the American Recovery and Reinvestment Act of 2009, the first-time homebuyer credit is extended to principal residences purchased before December 1, 2009.
U.S. courts wrestle with “manifest disregard” after Hall StreetBy Jeffrey W. SarlesInternational and Immigration Law, October 2009Notwithstanding the controversy over the full meaning of Hall Street, there can be no doubt that the decision reconfirmed the narrow scope of judicial review of arbitral awards.
U.S. Supreme Court expands employees’ ability to pursue retaliation claimsBy Kathryn WoodwardLabor and Employment Law, May 2009The United States Supreme Court recently decided that an employee who answers questions about alleged harassment during an internal investigation may later pursue a retaliation claim even where the employee did not initiate the complaint.
Use and misuse of the MDDPBy Lisa L. DunnTraffic Laws and Courts, September 2009This article will discuss: (1) the parameters of the MDDP program; (2) the MDDP offender’s responsibilities in conjunction with the use of the MDDP; (3) violations of the MDDP program; (4) sanctions authorized for violations of the MDDP program; and (5) the right to a hearing to contest the cancellation of the MDDP or extension of the summary suspension.
