Section Newsletters

Articles From 2013

Thoughts from the Chair By Carol Casey Child Law, August 2013 A message from Section Chair Carol Casey.
Thoughts regarding In re estate of Donna Lynn Denton, 2012 IL App (2d) 110814 By Darrell Dies Trusts and Estates, January 2013 Until the legislature amends Sections 18-10 and 18-13 of the Probate Act to include claims in guardianship estates, a guardianship attorney may want to record a memorandum of judgment of any allowances awarded by the probate court in order to secure the claims against real estate.
Three reasons why I read administrative law cases (And what you can learn from them) By Jewel N. Klein General Practice, Solo, and Small Firm, January 2013 The author explains her love for administrative law cases.
A timely take on takings By Ronald S. Cope Local Government Law, September 2013 Another perspective on the recent case of Koontz v. St. John's River Water Management District.
Tips for law students completing a judicial externship By James P. Looby Young Lawyers Division, October 2013 Some helpful tips to successfully complete a judicial externship and have the best experience possible.
Tips from Heckerling 2013 and beyond By Dennis J. Jacknewitz Trusts and Estates, March 2013 The author shares what he learned from Heckerling and in the months since the conference in light of the new American Taxpayer Relief Act of 2012.
To bond or not to bond: Why is there a Question? By Paul Peterson Construction Law, October 2013 House Bill 2804, which will be reintroduced in the fall, will allow Illinois to join 48 other states that allow interested parties to post a statutory bond to substitute for real estate as security for paying a mechanics lien claim.
To expunge or seal, what do you do? By Lisa L. Dunn Traffic Laws and Courts, September 2013 It is your job to inform your client that in many instances the case should be expunged or sealed. First, you need to understand the difference between expunging a record and sealing a record. Second, you need to know where to look in the statute to determine if your client’s record can be expunged or if not expunged, then sealed.
Torrent Wars: Copyright trolls, legitimate IP rights, and the need for new rules vetting evidence and to amend the Copyright Act By Jeffrey J. Antonelli Intellectual Property, October 2013 The problems caused by the current wave of BitTorrent copyright litigation flooding the federal courts is a classic case of the law needing to catch up to the current state of technology. In the article Torrent Wars the writer describes the Litigation abuses need to be curbed to avoid the continued burdening of innocent individuals and families becoming defendants to federal copyright litigation. Amendments to the Copyright Act are suggested to minimize the cap on statutory damages to $5,000 for consumers who infringe without a monetary purpose, rather than $150,000, as well as to screen complaints based on the Maryland District Court’s special Master process.
Tort Immunity Act protects public employees operating emergency vehicles from negligence liability: A summary of the recent decision in Harris v. Thompson, 2012 IL 112525 By Kathryn Rolewick Bench and Bar, February 2013 There is no conflict between section 11-205 of the Vehicle Code and section 5-106 of the Tort Immunity Act as applied to immunity for non-willful actions of public employees responding to emergencies. As such, the Tort Immunity Act granted defendants immunity from negligence liability.
Trademark Trial and Appeal Board not flip about the bird By Steven L. Baron & Natalie A. Harris Intellectual Property, October 2013 The Lanham Act forbids registration of "immoral" and "scandalous" trademarks. Some decisions appear arbitrary. Luxuria's beverage bottle with raised middle finger was refused registration.
Traveling employee theory does not extend to employer tort liability By Jason G. Schutte Civil Practice and Procedure, December 2013 The traveling employee concept from workers compensation cases cannot be utilized to hold an employer liable for its employee’s tortious conduct through respondeat superior. 
Trial court’s award of sole custody to father affirmed where father did not request sole custody in any pleading By Julia Pucci Family Law, May 2013 In the case In re Marriage of Debra N. and Michael S., the Court modified the parties’ joint parenting agreement and granted sole custody to the father, though he had not specifically requested such a modification.
A tribute to Linscott R. Hanson, 1937-2013 By Darrell Dies Trusts and Estates, August 2013 Remembering Lin Hanson and his contributions to the law.
Truck driver hauls in the necessary evidence to establish an employer-employee relationship and employer loses jurisdictional argument due to service on the Commission By Cameron B. Clark Workers’ Compensation Law, January 2013 In Labuz v. Illinois Workers’ Compensation Commission, both the claimant, a truck driver, and his purported employer sought review of the decision of the Commission awarding claimant certain benefits for neck, back and left shoulder injuries.
TTD not available to workers subsequent to expiration of 19(h) By Boyd O. Roberts Workers’ Compensation Law, October 2013 The recent decision of Tony L. Curtis v. Illinois Workers’ Compensation Commission, et al. (The Village of Lansing) may have the effect of eliminating TTD benefits for workers who have surgery or seek medical treatment after the expiration of the statutory Section 19(h) time period.
Unauthorized practice of immigration law and comprehensive immigration reform By Y. Judd Azulay International and Immigration Law, October 2013 Author Judd Azulay argues there is a need for strict controls over unauthorized practice of law in immigration cases to protect public interests and the competency and the efficiency of the legal system.
Unbundling family law By Lisa M. Nyuli Family Law, September 2013 Limited scope representation is sure to be with us as the practice of law continues to change. Family law practitioners need to be proactive in defining what that means for us, and for our clients, so that we can provide high quality services to our clients, regardless of the task.
The uncommon courage of Operation Greylord’s unsung heroes By Hon. Michael B. Hyman Bench and Bar, September 2013 Thirty years have passed since Operation Greylord first made headlines as the sobriquet for the federal investigation of bribery, influence peddling, and other egregious abuses of the public trust.
Under Illinois law, what constitutes a lack of standing in mortgage foreclosures? By Steve Caravajal Real Estate Law, March 2013 Despite the fact the “lack of standing” is one of the most often asserted defenses in foreclosure proceedings, there are only a handful of recent appellate opinions which have addressed this ubiquitous issue. This article offers a look at one of the most recent opinions, Deutsche Bank Nat’l Trust Co. v. Gilbert, and discusses the effect it is likely to have or should have in foreclosure proceedings to come.
The United States Bankruptcy Code does not discriminate against non-citizens By Maura K. McKeever International and Immigration Law, December 2013 Unfortunately, non-citizens who are faced with overwhelming debt are often reluctant to file for bankruptcy for fear that the bankruptcy petition will negatively impact their immigration status or application for citizenship. Ordinarily, however, filing for bankruptcy does not impact an individual’s immigration status or application for citizenship
Unlicensed practice of law issues in property tax assessment appeals—The debate continues By Thomas J. McNulty State and Local Taxation, April 2013 A discussion and analysis of the cases that have dealt with UPL issues in Illinois both generally and in the area of property tax assessment appeals and examine the significant risks associated with unlicensed conduct.
Upcoming CLE program By Shannon M. Shepherd Human and Civil Rights, December 2013 Be sure to mark your calendar and attend this informative event!
Upcoming ISBA seminars By Tracy S. Dalton Trusts and Estates, July 2013 Upcoming CLE programs of interest to Trusts & Estates practitioners.
An update on Comprehensive Immigration Reform (CIR) and its impact on employers By Tejas Shah International and Immigration Law, December 2013 The author shares his presentation from the Section's recent CLE program, "Immigration, Legislation and Case Law Update."
Update on expert practice: Expert discovery By Jo Anna Pollock Federal Civil Practice, December 2013 Save the date for "Experts Exposed: Expert Practice in Federal Court from A to Z," which will take place on February 21, 2014. 
Update regarding the pending vapor intrusion rulemaking, In the Matter of: Tiered Approach to Corrective Action Objectives (TACO) (Indoor Inhalation): Amendments to 35 Ill. Adm. Code 742 (R11-9) By Lauren C. Lurkins Environmental and Natural Resources Law, February 2013 The rulemaking currently pending before the Illinois Pollution Control Board has seen significant action during the past several months.  
U.S. Copyright Office: The Register’s call for updates to U.S. copyright law Intellectual Property, June 2013 Statement of Maria A. Pallante, Register of Copyrights, before the U.S. House of Representatives on March 20, 2013.
The U.S. Supreme Court applies the Common Fund Doctrine to the right to recover payments under an employee benefit plan By Robert T. Park Civil Practice and Procedure, April 2013 The decision in U.S. Airways, Inc. v. McCutchen signals a willingness of the federal courts to apply the common fund doctrine to employee benefit plan reimbursement where the plan does not expressly allocate the cost of recovery from a third party.
U.S. Supreme Court decisions with administrative law issues, October Term 2012 By William A. Price Administrative Law, August 2013 This is the first in a planned series of case notes on the full Court term. This first article covers cases where the first party’s name (the appellant) begins with “A” through “D” in the listing of cases contained in the ABA Preview of US Supreme Court Cases, 2012-2013 term.