Articles From 2012

Bankruptcy issues relating to personal injury cases By Brett J. Swanson Commercial Banking, Collections, and Bankruptcy, August 2012 In the recent case of Berge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
Bankruptcy issues relating to personal injury cases By Brett J. Swanson Tort Law, May 2012 In the recent case of Berge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
1 comment (Most recent May 19, 2012)
Banks are still making loans By Lewis F. Matuszewich Commercial Banking, Collections, and Bankruptcy, February 2012 Utilizing the United States Small Business Administration loan programs, in the fiscal year running from October 1, 2010 through September 30, 2011, 222 different lenders had SBA loans approved for business within Illinois.
Be a woman with a plan By Cristy Tackett-Hunt Women and the Law, March 2012 It’s the perfect time to start the estate planning process, regardless of where you are in your life.
Beloved pets—The oft-overlooked legal quagmire By Jennifer A. Shaw Animal Law, October 2012 As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
Beloved pets—The oft-overlooked legal quagmire By Jennifer A. Shaw Family Law, September 2012 As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
The benefits of statewide representation: Reflections from Southern Illinois By Treva H. O’Neill Family Law, August 2012 The author shares her thoughts after serving 15 years on the ISBA Family Law Section Council.
The best compliment I ever received By Heather Pfeffer Young Lawyers Division, August 2012 The author reminds that being a good litigator and being a nice person are not mutually exclusive.
Beware: Damages for pursuing baseless claim construction By Brian R. Michalek Intellectual Property, March 2012 The Court of Appeals for the Federal Circuit affirmed a District Court's award of $4.6 million in attorney's fees and expert fees based on Plaintiff MarcTec's frivolous litigation. The Federal Circuit found MarcTec's assertion of infringement baseless given its untenable initial claim construction position and untestable expert theory. MarcTec's pursuit of infringement, even after the District Court's unfavorable claim construction order, further reflected its bad faith and ultimately resulted in the Court's affirmation of attorney and expert fees.
Beyond the verdict III: Jurors pick parts of trial By Hon. James Varga Bench and Bar, January 2012 In this third installment of the insightful series that aims to understand jurors and their thoughts, jurors in this study were asked to identify the most influential part of a jury trial. The results may come as a surprise to some. 
Biofuel tax breaks—To be or not to be? By Jeffrey A. Mollet Agricultural Law, April 2012 The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Black lung: Do I file in the federal court pursuant to the Black Lung Benefits Act or the IWCC pursuant to the Occupational Disease Act? And if choosing one over the other, does that create collateral estoppel? By Kenneth F. Werts Workers’ Compensation Law, July 2012 In the case of Donald Edmonds v. Illinois Workers’ Compensation Commission, the Appellate Court looked at when the doctrine of collateral estoppel will apply to a state claim based upon an earlier decision made on an issue by the Department of Labor.
Boo hoo! Nothing to do! By Earle Malkin Senior Lawyers, June 2012 Some thoughts on what makes a successful retirement.
Book review: Made to Stick. Why Some Ideas Survive and Others Die By Janice L. Boback Women and the Law, June 2012 As lawyers, the ability to sell is important. We work as salesmen when we try to retain clients or when we try to encourage a judge to “buy” our argument.  
Built like a tank By Nerino J. Petro Legal Technology, Standing Committee on, September 2012 If you are looking for a backup drive to protect your data against theft, natural or manmade disasters, the ioSafe Solo or SoloPRO drives is a great option.
Cameras in the Courtroom Pilot Project By Marron Mahoney Federal Civil Practice, December 2012 It has yet to go viral on YouTube, but the first video of a federal court proceeding in Chicago is now available for viewing on the U.S. District Court for the Northern District of Illinois’ Web site.
Can a statutory jury instruction (60.01) include a driver’s license restriction? By John B. Kincaid Civil Practice and Procedure, January 2012 To include a statutory instruction in 60.01, the statute must be intended to protect against the type of injury in question and there must be a causal connection to the statute and the injured party must be within the class of protected persons.
1 comment (Most recent January 13, 2012)
Can public bodies claim records are “Outside the scope” of a FOIA request? By John Redlingshafer Local Government Law, June 2012 A discussion of the Attorney General’s Public Access Counselor's binding opinion 12-009, which makes clear that “a public body is not authorized to redact information from responsive records which it considers to be ‘outside the scope’ of the FOIA request.”
Can we e-file a notice of appeal By John B. Kincaid Civil Practice and Procedure, July 2012 On April 16, 2012, the Second District in VC&M, LTD v. Andrews, held that an e-filed notice of appeal from DuPage County was ineffective to confer jurisdiction upon the Appellate Court.
Can’t we all play nice? By Tiffany Alexander Family Law, April 2012 Just like a college basketball team can play a clean game without fouling, it is possible to adequately represent a client without resorting to unprofessional tactics against your opponent.
CASA: Helping the courts and neglected minors By Stefanie L. Cooley Child Law, September 2012 The Court Appointed Special Advocates program promotes stability for foster care children and limits the costs associated with the length of time a child spends in foster care as well as state-funded legal counsel through increased communication between the children and the courts.
CASA: Stability saves By Stefanie L. Cooley Child Law, December 2012 CASA is an organization of volunteer advocates appointed by the court to advocate for an individual child in the foster care system. Appointment of a CASA volunteer not only provides more comfort and a feeling of empowerment in each foster child by giving them a voice, it also decreases the length of time a child stays in foster care.
Case briefs By Taryn Vaughan, Madalyn Phillips, & Casey Harter Alternative Dispute Resolution, November 2012 Recent cases of interest to ADR practitioners.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, October 2012 Recent cases of interest to ADR practitioners.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, May 2012 Recent cases of interest to ADR practitioners.
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, April 2012 Recent cases of interest to ADR practitioners.
1 comment (Most recent April 26, 2012)
Case briefs By Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van Dreel Alternative Dispute Resolution, February 2012 Recent cases of interest to ADR practitioners.
Case briefs By Madalyn Phillips, Meghan Steinbeiss, & Casey Harter Alternative Dispute Resolution, January 2012 Recent cases of interest to ADR practitioners.
Case law summaries By Danya A. Grunyk, Hilary A. Sefton, Victoria C. Kelly, & Leah D. Setzen Child Law, June 2012 Recent cases of interest to child law attorneys.
Case law summaries By Hon. Edward J. Schoenbaum Administrative Law, January 2012 Recent cases of interest to administrative law practitioners.