Articles From 2015

Pennsylvania judge takes a bold stand against unprofessional conduct By David W. Inlander & Ronald D. Menna, Jr. Civil Practice and Procedure, October 2015 Recently Judge Paul Panepinto, presiding over a Philadelphia, Pennsylvania, medical malpractice action, imposed a sanction of almost $1 million upon an attorney due to her expert witness’ violation of an agreed order in limine. Could such a sanction be imposed in Illinois to promote attorney professionalism?
Pennsylvania judge takes a bold stand against unprofessional conduct By David W. Inlander & Ronald D. Menna, Jr. Bench and Bar, September 2015 Recently Judge Paul Panepinto, presiding over a Philadelphia, Pennsylvania, medical malpractice action, imposed a sanction of almost $1 million upon an attorney due to her expert witness’ violation of an agreed order in limine. Could such a sanction be imposed in Illinois to promote attorney professionalism?
Pension Protection Clause of the Illinois Constitution prevails By Aaron B. Maduff Labor and Employment Law, September 2015 In In re Pension Reform Litigation the Illinois Supreme Court ruled 7-0 to affirm the decision of the Circuit Court of Sangamon County holding Public Act 98-599 unconstitutional as violating the Pension Protection Clause of the Illinois Constitution.
People of the State of Illinois versus Private Practitioners By Christina Malecki Young Lawyers Division, June 2015 Are you considering whether to find a job as a public servant or private practice? Here's some insight to help you in your decision.
A person with a disability is not a disabled person By Hon. Michael B. Hyman & Brian O’Donnell Bench and Bar, September 2015 A Q and A between Appellate Justice Michael B. Hyman and Brian O'Donnell, a second-year student at IIT CHicago-Kent College of Law.
A perspective from the bench By Hon. Sophia H. Hall Alternative Dispute Resolution, November 2015 The author shares her thoughts on restorative legal processes.
Petitions under 735 ILCS 5/2-1401 not the right option for challenging appellate court mandates By Ken Stalkfleet Civil Practice and Procedure, December 2015 With its recent decision in Price v. Philip Morris, the Illinois Supreme Court offered deep reasoning for a point that might have seemed entirely obvious—that circuit courts cannot review mandates of the appellate court through 735 ILCS 5/2-1401. Practitioners should be aware of the court’s reasoning and what plaintiffs should have done.
Pharmacist dispensing error…Is a 622 affidavit required? By Nick Kujawa General Practice, Solo, and Small Firm, November 2015 A dispensing error case can be pled as ordinary negligence and should survive a motion to dismiss as there is no requirement for a 622 affidavit.
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Business Advice and Financial Planning, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted” By Michael J. Maslanka Real Estate Law, December 2015 It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Pioneers and prosecutor honored at the Hispanic Lawyers Association of Illinois Gala 2015 By Hon. Mark J. Lopez, Emily N. Masalski, & Spiridoula Mavrothalasitis Diversity Leadership Council, June 2015 On May 14, 2015, the Hispanic Lawyers Association of Illinois held its 2015 Spring Gala at Prairie Production in Chicago’s West Loop neighborhood.
Play it as it lies: Dealing with unlawful judgment by confession clauses By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2015 In the game of golf, the ball should be played from where the player finds it without any improvement to the situation; the same should occur if a court finds itself dealing with parties to an unlawful confession of judgment clause, which is to leave the parties where it finds them. Play it as it lies.
Posttrial motions—Did the jury get it right? By Stanley N. Wasser Federal Civil Practice, December 2015 Following the return of verdict and the entry of judgment thereon, you may receive in the mail one or two motions: one filed under Federal Rule of Civil Procedure 50(b) and one filed under Federal Rule of Civil Procedure 59. A Rule 59 post-trial motion may be filed separately, either in conjunction with or as an alternative to a Rule 50(b) motion. Here is a primer to help you get started.
Potential impact of hospital tax exempt status on local government entities By Laine Sutkay Local Government Law, December 2015 Some local government practitioners may not be aware that hospital tax exempt status is in question throughout the state, raising the issue of whether hospitals owe taxes to anyone, including the portion that benefits local government entities.
A potpourri of business advice and financial planning tips By Dennis J. Jacknewitz Business Advice and Financial Planning, December 2015 Tips of interest to practitioners.
Power of Attorney’s execution of admission contract with arbitration clause is binding on principal’s common law and Nursing Home Care Act claims By Jason G. Schutte Elder Law, June 2015 An overview of the recent case of Fiala v. Bickford Senior Living Group, LLC.
PPG Industries: When are job duties irrelevant? By Joseph K. Guyette Workers’ Compensation Law, February 2015 In PPG Industries v. Illinois Workers’ Compensation Commission, the Respondent argued that evidence of the Petitioner’s job duties should be considered irrelevant when that evidence is over three years old. While the appellate court rejected that argument, it left open the possibility that older evidence of a Petitioner’s work duties may be admissible at trial.
Practical advice for new lawyers By Kyle Stevens Young Lawyers Division, October 2015 The author shares the four items of advice he wishes he'd received when he was first admitted to practice.
Practice Alert: Fee and costs for recovery plaintiffs and small municipalities now apply in certain administrative review cases, effective January 2015 By J.A. Sebastian General Practice, Solo, and Small Firm, April 2015 Public Act 98-1105, which became effective on January 1, 2015, creates a new section in Article V of the Illinois Code of Civil Procedure.
Practice tip for Florida POAs By Eugenia C. Hunter Senior Lawyers, October 2015 A look at the form used by the fraud prevention department of a national bank for an account in Florida.
Practice tip: The checklist By Eugenia C. Hunter Elder Law, March 2015 This quick-reference tool for estates will help you keep track or what needs to be done and the date by which it must be done.
Practice tips By Lynne R. Ostfeld International and Immigration Law, April 2015 The latest in this regular feature from Chair Lynne Ostfeld.
Practice Tips By Lynne R. Ostfeld International and Immigration Law, March 2015 Some advice to consider, provided by the presenters at a January 23, 2015, ABA webinar: International Discovery - Obtaining Foreign evidence for Use in a U.S.Trial.
Practice tips By Lynne R. Ostfeld International and Immigration Law, January 2015 Next time your case involves intellectual property, surrogacy, or international probate, you may want to consider these ideas.
Preclusion and the TTAB—Why B&B Hardware matters to trademark owners: Can a TTAB decision determine a court judgment on trademark use and infringement damages? By David Adler Intellectual Property, May 2015 So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. B&B Hardware, Inc v Hargis Industries, Inc, 575 US ___ (24 Mar 2015).
Present gift or future interest? The enforceability of gifting to a Crummey Trust with a religious arbitration panel requirement By Sean D. Brady & Bryan Wellner Trusts and Estates, June 2015 Are you looking for law clarifying when a gift is a gift of a present interest? Are you looking for law on a religious arbitration panel requirement in an estate plan? If you answered yes to either of those questions, then take a look at Mikel v. Comm’r.
Prevailing party versus nominal awards: A look at Aponte v. City of Chicago By Lisle A. Stalter Federal Civil Practice, June 2015 A judgment in favor of the plaintiff doesn't necessarily mean the plaintiff is a “prevailing party” for an award of attorney fees.
A primer on professionalism By Lyndsay Markley Tort Law, September 2015 The author shares several of the lessons she's learned about maintaining professionalism in the law.
Prisoner litigation in Illinois: A fine balance—Can the courts respect a prisoner’s right to sue while maintaining judicial efficiency? By Sabena Auyeung Bench and Bar, October 2015 Though Illinois has enacted the Frivolous Lawsuits Filed by Prisoners Act of 2008 to safeguard the court system against frivolous filings by inmates, its application and its effect remains undocumented, and one cannot determine with certainty that the Act has not prevented inmates from exercising their right to file a meritorious claim with the court system.
Private communications and FOIA: Policy questions in search of answers By Ruth A. Schlossberg Local Government Law, November 2015 Are all e-mails-- of anyone associated with a public body that relate in any way to public business-- subject to FOIA regardless of the device or e-mail address from which they were sent?