How many plaintiffs make a party?By Daniel B. ShanesBench and Bar, September 2005In most lawsuits, the plaintiff and defendant are each entitled to one motion for substitution of judge as a matter of right. But how does that apply in a multiple-plaintiff civil case?
How void is void?By Daniel B. ShanesBench and Bar, December 2005The Appellate Court recently held that in multiple-plaintiff cases, each plaintiff enjoys one substitution-of-judge motion as a matter of right, but those plaintiffs that choose not to join in the substitution-of-judge motion later lack standing to object to that motion’s disposition.
IDEIA 2004 proposed rules releasedEducation Law, June 2005The United States Department of Education has issued proposed rulemaking to implement the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446.
The Illinois accountant privilege in federal courtBy Janice M. PowellFederal Civil Practice, May 2005In actions based upon federal laws brought in federal court, the accountant's privilege set forth in the Illinois statute has no force and effect. But what happens if a complaint contains both state and federal law claims?
Illinois groups turn to international bodies for assistance in promoting human rightsBy David W. AustinHuman and Civil Rights, September 2005As illustrated by two recent news stories, bar associations and human rights organizations in Illinois are increasingly turning to international bodies in their efforts to combat local abuses of human rights.
Illinois Judicial Circuit Rules DirectoryBy J.A. SebastianBench and Bar, September 2005Technology has changed reliance on yellow legal pads as cell phones and personal digital assistant ("PDAs") assume a greater use among lawyers for noting dockets and phone numbers.
Illinois’ license fee increases under attackBy Stanley R. KaminskiState and Local Taxation, January 2005On November 29, 2004, Judge Patrick McGann of the Circuit Court of Cook County (Chancery Division) struck down as unconstitutional the surcharge imposed on Employers' Workers Compensation Insurance Premiums by Public Act 93-0032 (the fiscal year 2004 budget implementation act). 215 ILCS 5/416.
The Illinois State Officials and Employees Ethics ActBy Lynda K. Given & Timothy A. StrattonEducation Law, September 2005This article will summarize pertinent provisions of the Act, including those related to the Article 10 Gift Ban and the Article 5 Prohibited Political Activities.
The Illinois Supreme Court plows through the snowy issue of concurrent employmentBy James TyrrellWorkers’ Compensation Law, June 2005In a decision noteworthy for both average weekly wage determinations and wage differential awards, the Illinois Supreme Court in Flynn v Industrial Commission, 211 Ill.2d 546, 286 Ill. Dec.62, 813 N.E.2d 119, (June 17, 2004) held that a claimant who sustained serious injury while working a part time job was entitled to a wage differential award based on both the part time job and his regular, though seasonal, work as a truck driver even though he had been temporarily laid off from the driving job at the time of the accident.
Illinois Whistleblower Law Upheld in Scachitti, et al. v. UBS Financial Services, et al., 2005 Ill. LEXIS 949 (June 3, 2005)By Stanley R. KaminskiState and Local Taxation, August 2005In Scachitti v. UBS Financial Services ("UBS") and Scachitti v. Morgan Stanley Dean Witter & Company ("Morgan"), the plaintiffs brought their lawsuits as (i) common law taxpayer derivative actions, (ii) private citizen actions on behalf of the State under 735 ILCS 5/20-104(b) and (ii) qui tam actions under the provisions of the Illinois Whistleblower Act ("Whistleblower Act"), 740 ILCS 175/1 et seq.
Imaginative sanctions put pressure on attorneysBy Judith G. LysaughtBench and Bar, May 2005In three recent cases from three different jurisdictions, attorneys have been either reprimanded or sanctioned largely because of the actions of other attorneys.
Immigration law alertBy Gabrielle M. BuckleyInternational and Immigration Law, March 2005The president signed into law legislation which reinstates certain H-1B requirements and adds certain fees and restrictions relating to H and L visa status.
Immigration law updateBy Alen TakhshInternational and Immigration Law, May 2005The U.S. Court of Appeals for the Seventh Circuit affirmed the order removing Luis F. Padilla to his native country of Mexico for giving a police officer false information following a traffic violation.