Articles From 2010

Horizontal drilling said to be the answer for oil and gas in Illinois By James K. Weston, Sr. Mineral Law, March 2010 Will horizontal drilling allow for recovery of oil and gas from areas previously inaccessible?
HOUSE BILLS—Criminal, Juvenile & Traffic By Steve Baker Criminal Justice, January 2010 House Bills from the 96th Illinois General Assembly
HOUSE BILLS—Criminal, Traffic & Juvenile By Steve Baker Criminal Justice, November 2010 House Bills passed by the Illinois General Assembly.
How cloud computing will change the way we work—Hint: it’s here now! By Alan Pearlman Law Office Management and Economics, Standing Committee on, December 2010 Simply put, cloud computing means using Hosted Services. Hosted services can be a combination of offsite applications, data and hardware (servers) used to create and look up information, complete transactions, and perform analyses that would previously be performed only on a local PC or on-premises server.
How good is your e-mail evidence ?…RPost® Registered E-Mail® gives you the courtroom edge! By Alan Pearlman Law Office Management and Economics, Standing Committee on, June 2010 Save yourself time and worry-- RPost provides you a registered receipt for each e-mail you send.
How not to terminate permanent total disability benefits By Richard D. Hannigan Workers’ Compensation Law, September 2010 A respondent is not entitled to review the employee’s tax returns as part of its petition for modification.
How to avoid multiple court appearances By Ted P. Hammel & Sarah M. Vahey Traffic Laws and Courts, March 2010 The recent Third District Appellate Court Opinion of People v. Ziobro, 2010 WL 184073 (Ill.App. 3 Dist. Jan 13, 2010), reinforces the right of a defendant charged with a DUI, or other traffic offense, who expressly follows the procedures in Supreme Court Rules 504 and 505, to have a trial on the merits on the first appearance date (or now, on the first “clerk” scheduled trial date).
How to calculate average weekly wage of current employer in an 8(d)1 situation By Richard D. Hannigan Workers’ Compensation Law, September 2010 Section 10 of the Workers' Compensation Act explicitly states that overtime is excluded from the calculation of average weekly wage unless overtime is mandatory or worked on a regular basis.
How to grandfather, or not: A health care reform update By Paul Shaheen Law Office Management and Economics, Standing Committee on, December 2010 By carefully asking the right kinds of questions, and working with a qualified insurance professional in this regard, the analysis that you, and your firm, need to undertake in determining what type of plan is best for its needs will be made a great deal easier.
How to obtain medical records in light of Holtkamp v. Clayton By Richard D. Hannigan Workers’ Compensation Law, September 2010 The appellate court in Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., d/b/a Safeworks Illinois found that the paper that the medical records are on and the ink that is used to create the medical records are the property of the medical provider. To command the medical provider to mail medical records to the injured worker would be a confiscation of the medical provider’s property.
How to stand out in an up-and-coming market By Jane H. Kim Young Lawyers Division, June 2010 Some tips to help young lawyers identify and convey their unique professional value in an up-and-coming market.
How to survive your first trip to federal court By Marron Mahoney Young Lawyers Division, October 2010 Your first time in federal court can be daunting... here are a few tips to make your experience more successful.
Illinois adopts green building standards for state projects By Raymond T. Reott Environmental and Natural Resources Law, September 2010 The Green Buildings Act, enacted in Illinois in 2009, requires all new state-funded building construction and major renovations of existing facilities to seek clarification under green building standards.
Illinois appellate court affirms suppression of Garrity statements in police official misconduct case Local Government Law, July 2010 In its decision, the Third District Appellate Court concluded that “the ‘Garrity Warnings’ standing alone are sufficient to support the application of Garrity immunity.”
Illinois drilling permits—The decline continues By James K. Weston, Sr. Mineral Law, May 2010 Drilling permit applications seem to have stabilized at lower-than-historic levels but also have rebounded from their lowest levels.
Illinois drilling permits—The decline continues By James K. Weston, Sr. Mineral Law, March 2010 The recession continues to negatively affect the number of drilling permit applications.
Illinois’ legal community unites to raise over $100,000 for Haiti rebuilding efforts Diversity Leadership Council, June 2010 On March 31, approximately 400 lawyers from the Illinois legal community joined together for an evening in support of charities working in Haiti to rebuild a country shattered by the loss of over 200,000 people as a result of the recent earthquake.
Illinois local governments filing for Chapter 9 bankruptcies By W. Britt Isaly Local Government Law, December 2010 Chapter 9 bankruptcy is now available to eligible units of local governments, by way of the “specific authorization” section of the Bankruptcy Code, Section 109(c).
The Illinois Pet Trust Act By Melissa Anne Maye Animal Law, January 2010 Some individuals are so attached to their companion animals that they wish to provide for their care and well-being, even after the owners have died. 
Illinois Rules of Evidence By Hon. Donald C. Hudson Bench and Bar, November 2010 Read about the new codified rules of evidence, which will govern proceedings in all Illinois courts as of January 1, 2011.
The Illinois State Bar Association’s Amicus Curiae Brief in support of Petitioner-Appellant Administrative Law, January 2010 Illinois Courts Have Found that Nonlawyers Appearing and Participating at Administrative Hearings on Behalf of Others Constitutes the Practice of Law.
Illinois Supreme Court declares caps on non-economic damages in medical malpractice cases unconstitutional By Hon. Richard P. Goldenhersh Civil Practice and Procedure, June 2010 A discussion of some of the issues and arguments relating to the Lebron v. Gottlieb Memorial Hospital case.
Illinois Supreme Court forms Special Judicial Advisory Committee for Justice and Mental Health Planning By Joseph Tybor Bench and Bar, June 2010 The Illinois Supreme Court recently created a Special Supreme Court Advisory Committee for Justice and Mental Health Planning in order to maximize the use of court and community resources to aid the rehabilitation and treatment of accused offenders who have mental health issues.
Illinois Supreme Court holds that oral contracts not necessarily unenforceable pursuant to Home Repair and Remodeling Act, but why risk it? By Michael P. Tomlinson Real Estate Law, November 2010 The Illinois Supreme Court recently held in K. Miller Construction Company, Inc. v. Joseph J. McGinnis et al., that the Illinois Home Repair and Remodeling Act does not preclude contractors from trying to enforce oral contracts for home repair or remodeling work for over $1,000.
Illinois Supreme Court holds that oral contracts not necessarily unenforceable pursuant to Home Repair and Remodeling Act, but why risk it? By Michael P. Tomlinson General Practice, Solo, and Small Firm, September 2010 A look at the recent Illinois Supreme Court case of K. Miller Construction Company, Inc. v. Joseph J. McGinnis et al.
Illinois Supreme Court holds Wal-Mart properly charged sales tax on shipping charges applied to customers’ Internet purchases of tangible personal property By David J. Kupiec & Natalie M. Martin State and Local Taxation, February 2010 On November 19, 2009, The Illinois Supreme Court issued an opinion holding that shipping charges for certain Internet purchases of tangible personal property are subject to the Illinois sales tax.
Illinois Supreme Court makes peer mentor program available to Illinois judges By Joseph Tybor Bench and Bar, February 2010 The Illinois Supreme Court has announced an expansion of its judge mentoring program designed to aid judges in the performance of their judicial duties.
Illinois Supreme Court opinion update By Elizabeth A. Bleakley Business Advice and Financial Planning, April 2010 Recent opinions from the Illinois Supreme Court.
The Illinois Supreme Court rules on the constitutionality of suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age By Lisa L. Dunn Traffic Laws and Courts, August 2010 Section 6-206(a)(43) of the Illinois Vehicle Code requires suspension of driving privileges if a person receives court supervision for unlawful consumption of alcohol under 21 years of age.
The Illinois Supreme Court says: “Ryan gets nothing.” Illinois taxpayers under no obligation to fund his retirement By Sharon L. Eiseman Government Lawyers, June 2010 It is irrelevant to the Court that the felonies for which Ryan was convicted were not committed during his service as Lieutenant Governor or as an Illinois legislator.