Articles From 2010

Spring into action by volunteering—The Court Watch Project By Megan V. Rose Women and the Law, May 2010 An explanation of the Court Watch project, which seeks to improve the justice process for survivors of domestic violence.
Stapleton v. Moore: Cross-examination of a medical expert with a learned treatise By Hon. Daniel T. Gillespie Civil Practice and Procedure, October 2010 In Stapleton, the trial judge allowed defense counsel to cross-examine plaintiff’s expert with a medical article that was not disclosed in discovery. The appellate court affirmed.
1 comment (Most recent October 18, 2010)
Start spreading the news By Hon. Michael B. Hyman Bench and Bar, December 2010 When it comes to properly informing the public about the courts, we in the legal arena must take the lead to find ways to cultivate, engage, and educate an indifferent, uninformed citizenry.
Status report on my paperless office By Alan R. Press Legal Technology, Standing Committee on, September 2010 A paperless office may not be for everyone, but author Alan Press discusses how it has made his practice more efficient and more profitable.
Statutory publication notice provision inadequate to afford due process in this zoning case By Kimberly L. Dahlen Civil Practice and Procedure, May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Staying safe with GPS technology By Alan Pearlman Law Office Management and Economics, Standing Committee on, December 2010 Being an active part of your children’s lives has always been important. Parental involvement is needed now, more than ever. Today it is possible to track a child’s activities via text messages and e-mail, as well as to monitor his or her whereabouts via GPS.
Strip club may be liable for patron’s drunk driving By Robert T. Park Civil Practice and Procedure, May 2010 Plaintiffs alleged that defendant’s employees removed the intoxicated decedents from its club, ordered and assisted them into their car, and sent them away knowing the driver was drunk.
Sufficiency of proof for a conviction of DUI and reliability of Field-Sobriety Tests in proving intoxication By J. Brick Van Der Snick Traffic Laws and Courts, March 2010 In an opinion authored by Justice Steigmann, the court reviewed the evidence introduced at trial to determine whether it proved Defendant guilty of DUI beyond a reasonable doubt and also analyzed the Defendant’s claim that the field-sobriety tests were unreliable.
1 comment (Most recent February 24, 2010)
Summary of Chicago Daily Law Bulletin article from February 11, 2010 By Ebony R. Huddleston Racial and Ethnic Minorities and the Law, June 2010 The article focused on the diversity pipeline as an avenue for increasing diversity in the legal profession.
Summary of comments by Ms. Ioana Navarrete, Consul for the Protection Department, Mexican Consulate By Cindy G. Buys & Anne M. Skallerup International and Immigration Law, March 2010 Ioana Navarette served as a guest speaker at the ISBA's Midyear Meeting in December. Click to read a synopsis of her views.
Summary of recent decisions By Edward J. Schoenbaum Government Lawyers, June 2010 Recent decisions of interest to government lawyers.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, April 2010 Recent decisions affecting Administrative Law.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, March 2010 Case summaries of recent Administrative Law decisions.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, February 2010 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site. These have been downloaded and reorganized according to topic by Ed Schoenbaum for members of the Administrative Law Section, with permission.
Summary of recent decisions By Hon. Edward J. Schoenbaum Administrative Law, January 2010 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision’s Web site. These have been downloaded and reorganized according to topic by Ed Schoenbaum for members of the Administrative Law Section, with permission. 
Summary of recent decisions and PLAs By Hon. Edward J. Schoenbaum, William A. Price, & J.A. Sebastian Administrative Law, May 2010 A listing of recently decided cases related to Administrative Law.
Summary of reports of the Illinois Oil and Gas Association published in the January and February 2010 editions of the American Oil and Gas Reporter By James K. Weston, Sr. Mineral Law, May 2010 The Illinois Oil & Gas Association is an active organization, especially in Central and Southern Illinois—areas that produce the bulk of Illinois’ oil and gas.
Summary of Williams v. Board of Trustees of the Morton Grove Firefighters’ Pension Fund and the Village of Morton Grove (1st Dist. 2009) By Marc R. Poulos & Melissa Binetti Administrative Law, March 2010 The First District Appellate Court recently determined that a firefighter/paramedic was denied a fair and impartial hearing on his application for a disability pension, when a corporate attorney for the Village sitting on the Board acted as an advocate rather than as a disinterested decisionmaker
Supreme Court amends rules for swifter appeals in child custody cases By Joseph Tybor Bench and Bar, April 2010 The rules changes, effective February 26, 2010, allow the appeal of custody issues even if other matters in those cases are unresolved.
Supreme Court grants arbitrators more power By Joshua Bailey Alternative Dispute Resolution, October 2010 Since Section 2 of the Federal Arbitration Act states that such clauses are “valid, irrevocable, and enforceable” without mentioning the validity of the agreement as a whole, the U.S. Supreme Court ruled that a challenge to the whole agreement must be decided by the arbitrator.
Supreme Court Historic Preservation Commission Up and Running & Looking for Your Help By William L. Wheeler Bench and Bar, February 2010 The Illinois Supreme Court Historic Preservation Commission is now operating, with offices in Springfield.
Supreme Court overrules Seventh Circuit on judicial reviewability of BIA denials of motions to reopen: Kucana v. Holder, 130 S. Ct. 827 (U.S. 2010) By Susan M. Burns International and Immigration Law, July 2010 Though perhaps too early to be deemed a “trend,” two recent cases reveal a welcome effort by the Seventh Circuit to strengthen legal remedies for immigrants.
Supreme Court Rule 191 By Hon. Pamela E. Loza Family Law, April 2010 Rule 191 pertains only to Motions for Summary Judgment, Motion for Involuntary dismissal based upon certain defects or defenses, and Motions to Objection of Jurisdiction Over the Person, and defines the requirements for the affidavits which must accompany the responses to those motions.
Supreme Court Rule update: “You’ve got mail” By Hon. Barbara Crowder Civil Practice and Procedure, March 2010 The Illinois Supreme Court has now amended Supreme Court Rules 11, 12, 361, 267, 373, 381 and 383 in recognition of the popularity and efficiency of third-party commercial carriers. Attorneys will no longer run afoul of the rules by accidentally using a commercial carrier over the Postal Service when filing documents with courts or applying the mailbox rule to deadlines.
Supreme Court ruling emphasizes obligation to pay TTD until MMI after an injured worker is terminated for cause: A look at Interstate Scaffolding, Inc. v. The Workers Compensation Commission, et al., Docket No. 107852 – January 22, 2010 By Mark P. Matranga Workers’ Compensation Law, March 2010 Simply stated, where an employee who is capable of rehabilitation or working takes himself outside such efforts through willful behavior, his employer should retain the opportunity to terminate benefits.
Supreme Court ruling leaves window open for business method patents By Brian R. Michalek Intellectual Property, October 2010 This past June, the Supreme Court issued the much-anticipated opinion in Bilski et al. v. Kappos. The 5-4 majority opinion held the claims of the patent application at issue were directed to an abstract idea and therefore were not patentable under 35 U.S.C. Section 101.
Supreme Court shifts views on arbitration By Sidra Hamidi Alternative Dispute Resolution, May 2010 The Illinois Supreme Court will decide whether courts or arbitrators themselves would decide the enforceability of an arbitration agreement.
Surviving in the legal practice By Sonia Munoz Gallagher Young Lawyers Division, December 2010 Six rules to help you be a better and more productive lawyer.
Synopsis of statewide report on “Examining at-Risk and Delinquent Girls in Illinois” By Lori G. Levin Women and the Law, October 2010 Girls, both in Illinois and nationally, comprise the fastest growing population in the juvenile justice system. See the full report at www.icjia.state.il.us.
Tax Court again points out that care must be taken when establishing medical reimbursement plans By Roger A. McEowen Agricultural Law, April 2010 Want to make sure medical expenses are deductible? Pay close attention to recent court cases.