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Illinois Municipalities May Not Require Electronic Intermediaries to Collect and Remit Amusement Taxes on Resold Tickets

“For the Record” CBA Record, October 2011
On October 7th, on certification from the United States Court of Appeals for the Seventh Circuit (Ill. S. Ct. R. 20), Justice Mary Jane Theis, writing on behalf of a unanimous Illinois Supreme Court, concluded that Illinois municipalities may not require electronic intermediaries to collect and remi… Read More
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Lack of Jurisdiction Due to Filing Late Notice of Appeal Where Post-Trial Extension Motions Timely Filed But Trial Court Failed to Enter Order by Deadline

“For the Record” CBA Record, June/July 2011
On May 25th, without comment, the Illinois Supreme Court denied the petition for appeal in Manning v. City of Chicago, 944 N.E.2d 876, 2011 Ill. App. LEXIS 154 (1st Dist. 2011). Manning (substituted for original plaintiff Wilson who died during the pendency of the appeal) argued that the appellate c… Read More
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Throwing Crack Pipe Over Fence Does Not Constitute “Concealing”

“For the Record” CBA Record, April 2011
On February 25th, Justice Anne M. Burke writing on behalf of a split Illinois Supreme Court (People v. Danny Comage; Docket No. 109495) reversed the appellate and circuit court’s order denying plaintiffs’ request to bar defendant’s expert from testifying at trial. Read More
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U.S. Court of Appeals for the Seventh Circuit Holds that the Board of Regents of the University of Wisconsin System Did Not Waive Its Sovereign Immunity by Appealing an Agency Decision to the District Court

“For the Record” CBA Record, January 2011
On December 28th, in an 85-page opinion, Circuit Judge John D. Tinder, writing on behalf of a split three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.; Docket No. 08-4164), reversed, i… Read More
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U.S. Court of Appeal for the Seventh Circuit Holds that District Court Judges May Consider the Absence of a Fast-Track Program in Crafting an Individual Sentence

“For the Record” CBA Record, October 2010
On October 7th, Circuit Judge Michael S. Kanne, writing on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (United States v. Reyes-Hernandez and United States v. Sanchez-Gonzalez; Docket Nos. 09-1249 and 09-1551), granted the defendants’ requests to aba… Read More
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US Supreme Court Holds Due Process Clause of the Fourteenth Amendment Incorporates the Second Amendment Right to Possess a Handgun in the Home for the Purpose of Self-Defense Applicable to the States

“For the Record” CBA Record, June/July 2010
On June 28th, in an opinion delivered by Justice Samuel A. Alito, Jr., the Court held 5 to 4 that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense, which the Supreme Court recognized in District of Columbia v. Heller, 554 U.S. ___, 128 S… Read More
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Work-Product Protection Applied to Attorney-Led Investigation into Sexual Molestation Charges

“For the Record” CBA Record, April 2010
On March 30th, Circuit Judge Diane S. Sykes, writing on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (Sandra T.E. v. South Berwyn School District 100 and Sidley Austin LLP; No. 08-3344), reversed the district court’s order compelling Sidley to produc… Read More
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Recent Changes to the Federal Rules of Civil Procedure

“For the Record” CBA Record, January 2010
On December 1, 2009, a number of technical, but quite significant, changes to the Federal Rules of Civil Procedure went into effect. Below is a brief summary of three of the most important elements of those amendments. Rule 6. Computing and Extending Time; Time for Motion Papers Most important, unde… Read More
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U.S. Court of Appeal for the Seventh Circuit Permits Claim Against School District for Failure–to-Accommodate Under the Americans with Disabilities Act for Plaintiff with Seasonal Affective Disorder

“For the Record” CBA Record, October 2009
On October 6th, Chief Judge Frank Easterbrook, writing on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit (Renae Ekstrand v. School District of Somerset; No. 09-1853), ruled, three weeks after hearing arguments, that the Wisconsin district court erred whe… Read More
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U.S. Court of Appeals Denies Appeal to Proceed Under Veil of Unexplained Secrecy

“For the Record” CBA Record, June/July 2009
On May 27th Chief Judge Frank Easterbrook, in a published one-judge “chambers” opinion, ruled that a document under seal in the record of appellant’s appeal could not proceed under a veil of unexplained secrecy. (Milam v. Dominick’s Finer Foods, Inc.; No. 09-1686) In doing so, Chief Judge Fr… Read More

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