Articles From 2014

Civil Rights Act decisions may limit workers’ ability to sue for discrimination By Tracy Douglas Diversity Leadership Council, June 2014 An examination of two recent U.S. Supreme Court rulings and a discussion of their impact on Civil Rights Act claims.
Claim for chronic obstructive pulmonary disease not allowed when employee timely filed claim within the statute of limitations for coal miners pneumoconiosis but not chronic obstructive pulmonary disease By Kenneth F. Werts Workers’ Compensation Law, July 2014 Those who are filing claims for occupational disease involving ventilatory impairment due to coal dust exposure should file their claims within three years of the date of disablement to be certain that the claim is timely filed.
Claimant’s motor vehicle accident constituted an independent intervening accident and leads to entitlement for two permanency awards By Carol A. Hartline Workers’ Compensation Law, January 2014 A summary of the recent case of National Freight v. Illinois Workers' Compensation Comm'n.
Claims against members of a dissolved LLC By Paul Osborn Commercial Banking, Collections, and Bankruptcy, January 2014 Some states provide for express liability of members after an LLC is dissolved when creditors are unpaid. Illinois is not one.
Class action lawsuits should cause Illinois immigration practitioners to re-think advice to clients detained under the Immigration and Nationality Act’s “mandatory detention” provision By Shannon M. Shepherd Human and Civil Rights, June 2014 The Immigration and Nationality Act requires detention of non-citizens charged with removability who have committed certain crimes. But due to the prolonged nature of immigration court cases, this can sometimes lead to lengthy detention of non-citizens even after they have served their sentences for the crime committed—raising serious human rights and constitutional questions.
Clear warning for attorneys in wrongful death cases By Mark Rouleau Civil Practice and Procedure, August 2014 The case of Estate of Powell v. John C. Wunsch, P.C. stands as a clear lesson for all plaintiffs’ counsel that they must seek to probate the portions of settlements that are allocated to minors and incompetents that exceed $5,000.
Closing argument: Some topics to consider By John M. Stalmack Civil Practice and Procedure, January 2014 A useful article to guide you when crafting your closing arguments.
Co-owner or creditor? That is the question when dividing a marital public pension By Hon. Mark J. Lopez Family Law, August 2014 The Circuit Court of Cook County - Domestic Relations Division recently determined in a post-decree order that members of a public pension can be ordered to execute a consent to QILDRO.
Collection counsel: Don’t celebrate too soon (The citation set-off and priority rules) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, January 2014 Creditor’s counsel should be leery of Section 12-708’s set-off provision and the caselaw’s expansive application of a third-party’s set-off rights.
Comments from the Chair By Angela Peters Animal Law, February 2014 A message from Chair Angela Peters.
Comments from the editor By Craig R. Hedin Mineral Law, October 2014 Updates of interest to mineral law practitioners.
Comments from the editor By Craig R. Hedin Mineral Law, September 2014 Recent updates of interest to mineral law practitioners.
Comments from the editor By Craig R. Hedin Mineral Law, June 2014 Recent updates of interest to mineral law practitioners.
Comments from the editor By Craig R. Hedin Mineral Law, May 2014 Recent updates of interest to mineral law practitioners.
Comments from the editor By Craig R. Hedin Mineral Law, March 2014 Recent updates of interest to mineral law practitioners.
Commercial Banking, Collections and Bankruptcy Section Co-Sponsors CLE on construction contracts Commercial Banking, Collections, and Bankruptcy, October 2014 Save the date for this informative upcoming program!
Compassionate Use of Medical Cannabis Pilot Program By Hon. Edward M. Maloney Bench and Bar, January 2014 On January 1, 2014, Illinois joined 18 other states and the District of Columbia in removing state-level criminal penalties from the medical use of cannabis.
Compensation for household services By Mark Rouleau Civil Practice and Procedure, June 2014 Anytime a person is unable to perform their ordinary job duties causing them to suffer a loss of income it is very likely that they also suffer a loss of the household services that they would have ordinarily provided to themselves or their spouses. This element of damages is frequently overlooked even though it is very easily calculated.
Consider drafting from a trustee’s perspective—Practice tip By Tracy S. Dalton Trusts and Estates, September 2014 Some advice for drafting a trust agreement.
Constitutional challenges made to the Pension Reform Act By Aaron B. Maduff Labor and Employment Law, October 2014 This article starts with a discussion of the state of the law prior to the Constitutional Convention of 1970 and what led to the addition of the Pension Protection Clause in the Illinois Constitution. It then proceeds to discuss the various challenges made to the law, and finally provides an update on the status of the suits, including the order of injunctive relief entered by the Court on May 14, 2014.
Constitutionality of Secretary of State BAIID violation hearings By Larry A. Davis Traffic Laws and Courts, May 2014 Since the burden of proof is on the driver to establish that no violation occurred, the Secretary of State will typically uphold the suspension based solely on the evidence provided by the printout.
1 comment (Most recent May 7, 2014)
The “construction exemption” for contractor unfunded pension withdrawal liability By Stanley N. Wasser Construction Law, October 2014 A look at some of the basic concepts that must be understood for advising construction contractor clients whether the “construction exemption” will protect their client from unfunded pension withdrawal liability.
Constructive voluntary resignations and failure to maintain tool of the trade: Toward a simpler rule By Cathy A. Pilkington Labor and Employment Law, September 2014 The author advocates for simplification in this complex area of the law. 
Continued progress on human trafficking seminar By Yolaine Dauphin Administrative Law, July 2014 Be sure to mark your calendar for this important upcoming program.
Contractor’s material breach of construction contract dooms mechanics’ lien and breach of contract claims By Paul B. Porvaznik Construction Law, September 2014 In Kasinecz v. Duffy, a contractor suffered a three-pronged defeat in his lawsuit against a homeowner.
Cook County offers temporary tax incentive expansion By Joanne Elliott & Melissa Whitley State and Local Taxation, December 2014 A look at the qualifications, process, and the requirements that qualifying commercial and industrial properties located in Cook County must fulfill in order to be eligible for the new temporary tax incentive.
Correction Education Law, February 2014 Acknowledging an error in the October issue of this newsletter.
Count me in: An ISBA Diversity Leadership Council Event By Cory White Diversity Leadership Council, June 2014 The first “Count Me In” reception was held during the ISBA Mid-Year Meeting and proved to be a rousing success.
The court cost conundrum By Marty Shanahan Local Government Law, January 2014 A discussion of the problems of complex and ever-escalating court costs for non-aggravated traffic tickets.
Court limits application of Bona Fide Prospective Purchaser defense By Raymond T. Reott Environmental Law, March 2014 A discussion of the ramifications of the recent Voggenthaler v. Maryland Square LLC case.