Articles From 2013

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Alex, I’ll take ‘How state’s attorneys can avoid jeopardy after a jury is sworn in’ under People v. Martinez for 500 By J. Brick Van Der Snick Traffic Laws and Courts, June 2013 An exploration of the Illinois Supreme Court’s ruling in People v. Martinez to see why Illinois has decided to deviate from the long-established rule that jeopardy attaches to a defendant upon the swearing in of a jury.
All that snow: Barber v. G.J. Partners, Inc. By Hon. Daniel T. Gillespie & Rachel Fugett Civil Practice and Procedure, September 2013 Premise liability for a fall with injuries after snow was shoveled was at the heart of the case of Barber v. G.J. Partners, Inc.
All the latest developments in health care law By W. Eugene Basanta & Shane Swords Health Care Law, December 2013 A summary of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta, Shane Swords, & Kent Larsson Health Care Law, September 2013 A summary of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta, Brittany Pape, & Nicholas Schroer Health Care Law, June 2013 A summary of recent cases related to health care law.
All the latest developments in health care law By W. Eugene Basanta, Brittany Pape, & Nicholas Schroer Health Care Law, March 2013 U.S. Supreme Court rejects state action defense in antitrust action involving hospital sale. In doing so the Court rejects analysis of Eleventh Circuit Court of Appeals.
American Taxpayer Relief Act of 2012: Tax law changes from the fiscal cliff By James Creech Federal Taxation, January 2013 A synopsis of changes resulting from the recent "fiscal cliff."
Amgen eases securities fraud plaintiffs’ burden at class certification, but the dissent invites challenges to the long-standing “fraud-on-the-market” theory By Michael R. Karnuth Business and Securities Law, November 2013 This article briefly describes the issues addressed in Amgen v. Connecticut Retirement Plans and Trust Funds and then provides a short history of the fraud-on-the-market theory as applied in securities fraud cases.
Animus and the “class of one” claim under the 14th Amendment: Swanson v. City of Chetek, U.S. Court of Appeals 7th Circuit No. 10-1658 (2013) By Steven A. Andersson Local Government Law, August 2013 The Swanson v. Chetek case provides a strong reminder of the need for local officials to be even- handed in their treatment of the people they deal with on a daily basis.
Announcements Federal Civil Practice, December 2013 Two news items to take note of.
Another source for discovery: Ethical and legal issues in communication with former employees of an adverse employer By Kyle Orne Labor and Employment Law, October 2013 A helpful guide for discovering information from former employees.
Anti-assignment and change of control contract provisions in the sale of a business By Brian D. Rogers Business Advice and Financial Planning, May 2013 company’s key contracts represent a valuable business asset. Thus, it’s crucial that the contracts remain in force as a business changes hands from the seller to the buyer when the business is sold.
Antitrust law, variant patent holdup theories, and injunctive relief in standard setting organizations By Rafael Rivera January 2013 After a brief discussion on the standard-setting process and RAND’s efficiency-enhancing characteristics, this article explores the role of antitrust law in regulating opportunistic behavior arising in standard setting organizations.
Appellate court again vacates and remands to the Illinois Property Tax Appeals Board to define and develop a legal standard when determining what constitutes “open space” for assessing golf courses By Mary Nicolau State and Local Taxation, May 2013 Recently, the Illinois Appellate Court vacated and remanded, for a second time, a Property Tax Appeals Board’s decision concerning the assessment of the land and improvements of a private golf club.
Appellate court disagreement about jurisdiction over pollution control certification dispute By Timothy J. Storm Administrative Law, July 2013 A summary of the recent case of Board of Education of Roxana Community Unit School Dist. No. 1 v. Pollution Control Board.
Appellate court reverses Commission’s finding “arising out of” to be against the manifest weight of the evidence By Richard D. Hannigan Workers' Compensation Law, January 2013 In another Rule 23 case, Illinois State Treasurer, as ex officio Custodian of the Injured Workers Benefit Fund v. Illinois Workers’ Compensation Commission (Joseph Mese), the Appellate Court reversed the IWCC’s finding that the petitioner’s injuries arose out of and in the course of her employment.
Appellate court reverses dismissal of a financial fraud case: Rasgaitis v. Waterstone Financial Group By Sara Siegall Civil Practice and Procedure, May 2013 This recent decision offers useful reminders to civil litigators on a number of civil practices issues, and also teaches that statements concerning the suitability of a particular investment opportunity can be actionable as fraud where the statements are reasonably understood as grounded in fact rather than opinion.
Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
Application of arbitration agreements in tort law limited to the contractual parties By J. Timothy Eaton Alternative Dispute Resolution, May 2013 In Carter v. SSC Odin, The Illinois Supreme Court reaffirmed its support for arbitration agreements in general but limited their application in tort law to only those injured parties who signed the arbitration agreement.
Apply for a public administrator or public guardian appointment By Tracy Douglas Trusts and Estates, June 2013 Public administrators and public guardians serve an important role in Illinois by helping with estate administration and protecting the interests of disabled adults.
Apply for a public administrator or public guardian appointment By Tracy Douglas Women and the Law, May 2013 Public administrators and public guardians serve an important role in Illinois by helping with estate administration and protecting the interests of disabled adults.
Applying for naturalization and removal hearings: Can you get a remedy? By Patrick M. Kinnally International and Immigration Law, April 2013 The Seventh Circuit in Klene v. Napolitano has leveled the playing field. There is no legal reason to give priority to removal proceedings over naturalization proceedings.
Are we creating monsters? Court holds adult children lacked standing to bring claim for college expenses under 513 By Julia Pucci Family Law, November 2013 A summary of the recent case of In re Marriage of Vondra.
Assessing children’s forensic interview statements By Amy Russell Child Law, March 2013 A discussion of several elements that might assist in assessing the internal reliability of a child’s interview statements.
AT&T Teleholdings, Inc. v. The Department of Revenue By Kathleen M. Lach State and Local Taxation, February 2013 In an appeal by the Department of Revenue from an order of the circuit court reversing the determination of the Administrative Law Judge in the underlying hearing, the appellate court upheld the circuit court’s reversal finding that the Department did not properly utilize the mathematical error procedure to correct Ameritech’s pre-merger return.
Attention to detail—A shift in response requirements for requests to admit By Jay Schultz Bench and Bar, March 2013 In Oelze v. Score Sports Venture, the court determined that asserting a lack of information or knowledge via boilerplate responses to requests to admit will not suffice.
Attorney fees in administrative law? Yes, you can—but follow the statute By Carl R. Draper Administrative Law, February 2013 For agencies subject to the Administrative Procedure Act (most State agencies) litigants are to be awarded a full measure of attorney fees for any case where a court finds that the agency enforced a rule that is invalid for any reason.
Attorney fees provision in invoice binding on buyer (N.D. Illinois 2013) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, December 2013 The Northern District recently weighed in on the fee-shifting-language-in-invoice question in VLM Food Trading International, Inc. v. Illinois Trading Co.
Avoid unwanted liabilities when you buy a business By Brian D. Rogers Business Advice and Financial Planning, January 2013 Take the good stuff. Leave the bad stuff. That’s the main idea behind buying a business via an asset purchase.
Bank teller’s alleged intentional-tort claim is “held up” by exclusivity provision of the Act By Cameron B. Clark Workers' Compensation Law, January 2013 In Glasgow v. Associated Banc-Corp., a bank teller who was allegedly injured during a bank robbery brought an intentional tort action against the bank and branch where she worked.

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