Recent News Involving Sorling Attorneys

On July 15, 2008, R. Lee Allen moderated and presented a session at a seminar titled "Trust Administration in Illinois", sponsored by Lorman Education Services to provide continuing education to trust officers, accountants and attorneys in the area of trust administration.  Mr. Allen's presentation focused on charitable giving techniques, with a particular focus on charitable remainder trusts and charitable lead trusts, as well as a session discussing the Supreme Court case of Knight, Trustee of the William Rudkin Testamentary Trust v. Commissioner of the Internal Revenue Service and its impact on the deductibility of investment management fees. 

April G. Troemper has been elected to the Board of Governors of the Illinois State Bar Association (ISBA) for a three-year term.  The 25-member board directs the operations and activities of the 35,000-member organization.  Ms. Troemper, an ISBA Assembly member and current chair of its Agenda and Program Committee, has been a member of the ISBA since 1998. 
On April 9, 2008, April G. Troemper and Lisa Harms Hartzler spoke at the Southern Illinois University Trauma Center’s Trauma Nurse Specialist Course regarding legal issues such professionals may face in their daily practices.

On May 19, 2008, Charles J. Northrup left the firm to join the staff of the Illinois State Bar Association as general counsel. Mr. Northrup had been with the firm since 1993, and concentrated his practice in environmental law and professional disciplinary defense, and was involved in numerous ISBA activities since his admission to the Illinois bar. The firm congratulates Charlie on his appointment with the ISBA and his commitment to serving the legal profession in his new position. The ISBA is a voluntary organization dedicated to promoting the interests of the legal profession and improving the administration of justice, the quality of members' professional lives, and their relations with the public.

On April 17, 2008, the Illinois Supreme Court issued its opinion in Loman v. Freeman, recognizing for the first time under Illinois law a cause of action for veterinary malpractice based upon the allegation that a veterinarian employed by the University of Illinois College of Veterinary Medicine performed unauthorized and negligent surgery on plaintiffs' race horse. The Court agreed with plaintiffs' arguments that the veterinarian has a common law duty to competently perform veterinary medicine separate and apart from his government employment. The Court additionally expanded the common law claim of conversion by finding a party may be held liable for conversion if they exceed the terms and conditions of their authorized possession and materially alter the property so that it cannot be returned to the owner in its original state. David A. Rolf and James G. Fahey represented the plaintiffs in what should prove to be a landmark case.

E. Zach Dinardo has been appointed to the Quarterly Lecture Series Committee and the Membership Committee of the Illinois Association of Healthcare Attorneys.

Michael G. Horstman, Jr. became a shareholder of the firm effective January 1, 2008. Mr. Horstman had been an associate at Sorling since August of 2003, and prior to that practiced law in the Chicago area. He received his undergraduate degree from the University of Illinois at Urbana-Champaign and his law degree from Washington University School of Law in St. Louis in 1997.

On November 19, 2007, Sorling attorneys presented oral arguments before the Illinois Supreme Court. David A. Rolf and James G. Fahey presented the arguments on behalf of the firm’s clients, alleging that a veterinarian practicing for the University of Illinois large animal clinic is subject to liability for unauthorized and negligent veterinary surgical acts. Sorling attorneys argued that the Illinois Supreme Court should determine that all veterinarians practicing in Illinois, whether employed by the state or in the private sector, have an independent extra-contractual duty to provide veterinary medicine pursuant to a recognized standard of care. The issue presented is a case of first impression in the state, as veterinary malpractice has never been recognized as a viable cause of action by any Illinois appellate court.

On October 25, 2007, April G. Troemper and Lisa H. Hartzler spoke at the Southern Illinois University Trauma Center’s Trauma Nurse Specialist Course regarding legal issues such professionals may face in their daily practices.

Sorling attorneys recently represented an international oil and fuels producer in an Illinois Department of Revenue proceeding in which the Illinois taxing authorities sought to impose motor fuel taxes of $250,000 or more. Todd M. Turner represented the firm’s client at the administrative hearing, the result of which was an administrative ruling, later accepted by the director of the Department of Revenue, that the client had zero liability for the tax.

Charles J. Northrup is the author of Chapter 1 of the handbook titled “Environmental Law in Illinois Corporate and Real Estate Transactions”, published in October, 2007 by the Illinois Institute of Continuing Legal Education. Mr. Northrup’s chapter is entitled “Due Diligence and All Appropriate Inquiries in Real Estate Transactions.”

On September 17, 2007, April G. Troemper joined the firm as an associate. Ms. Troemper has been in private practice in Springfield since 1998, and has concentrated her practice in civil litigation, including medical malpractice and insurance defense, commercial litigation, and personal injury litigation. She is a 1992 graduate of Lincoln Land Community College (A.S. High Honors), a graduate of Eastern Illinois University (B.A. cum laude 1994 and M.A. 1995), and earned her Juris Doctor degree from Southern Illinois University in 1998.

On September 14, 2007, the Seventh Circuit Court of Appeals affirmed a summary judgment entered by the trial court in favor of George C. Kerasotes Corporation, which was represented by Sorling attorneys. David A. Rolf successfully argued that the five year statute of repose found in Illinois securities law applied to preclude the Plaintiff’s action even though the Plaintiff had pled only common law claims and the Plaintiff was a seller of the stock.

On August 16, 2007 John Kauerauf served on the faculty of an Illinois Institute for Continuing Legal Education course entitled "A Day on Employment Law" presented in East Peoria, Illinois. John's presentation was entitled "Privacy Issues Revisited" and consisted of a survey of the laws and cases addressing privacy in the workplace with an emphasis on employer and employee rights concerning e-mails and other forms of electronic information

On July 20, 2007, Charles J. Northrup spoke on the topic of “Responding and Defending ARDC Complaints: Perspectives of a Defense Attorney in ARDC Proceedings”. Mr. Northrup’s speech in Mt. Vernon, Illinois, repeated a presentation he made in Collinsville, Illinois, in April 2007.

In June 2007, the Sorling Law Office completed the successful defense of a construction contractor in U.S. District Court against a claim of race discrimination filed by an individual who claimed his interest in taking employment with the contractor was rejected by the contractor due to his race in violation of Title VII of the Civil Rights Act. On June 20, 2007, Chief U.S. District Judge Michael P. McCuskey awarded summary judgment to the contractor. John A. Kauerauf and Emily B. Cour of the Sorling firm served as counsel for the contractor.

In June 2007, Lisa Harms Hartzler presented a lecture on legal issues to a trauma nurse- specialist class at Southern Illinois Trauma Center in Springfield. She will repeat the lecture in October 2007.

On June 6, 2007, John A. Kauerauf spoke in Springfield at the 8th Annual Conference in Human Resources sponsored by the Central Illinois Chapter of the Society of Human Resource Management. His presentation was entitled "You Be the Judge" and consisted of an explanation and discussion of a variety of recent employment law Illinois and Federal Court decisions.

On May 24, 2007 Brian D. Jones made a presentation entitled “Retirement Plans for Not-for-Profits” at the Illinois CPA Society’s Spring Not-For-Profit Conference on retirement plans and internal controls. Mr. Jones presented materials he co-authored with R. Lee Allen which reviewed all new legislation, administrative decisions and court rulings in the past year impacting the retirement plans of not-for-profit organizations.

Charles J. Northrup spoke on ethical issues related to conflicts of interest at an April 14, 2007, program presented by the Illinois Institute of continuing Legal Education. The program was entitled “Basic Skills Short Course for New Lawyers”.

Charles J. Northrup also spoke on the topic of “Responding and Defending ARDC Complaints: Perspectives of a Defense Attorney in ARDC Proceedings” at an Illinois State Bar Association continuing legal education program entitled “Practical Legal Advice: From ARDC Complaints to Courtroom Dilemmas” in Collinsville on April 20, 2007.

On April 5, 2007, the Appellate Court for the Fourth District of Illinois affirmed a summary judgment entered by the trial court in favor of a physician practice group represented by Sorling attorneys. Lead attorney Thomas H. Wilson, assisted by Lisa A. Petrilli, successfully argued that the practice group was not liable as a result of its decision to terminate a physician’s employment following that physician’s failure to obtain staff privileges at a local hospital.

Gary A. Brown recently completed and published the “2006 Workers Compensation Settlement Guide”. The guide contains case summaries of all Illinois workers compensation decisions for the last three years, and contains summaries addressing 24 key issues in the field, including idiopathic and unexplained falls, personal risks, ordinary activities, horseplay, independent contractors, and more.

On March 28, 2007, five Sorling attorneys, Stephen A. Tagge, R. Lee Allen, David A. Rolf, Todd M. Turner, and Michael G. Horstman presented a seminar in Springfield entitled “Landlord-Tenant Law in Illinois”. The seminar was sponsored by Sterling Education Services, Inc.

On March 1, 2007, Sorling attorneys successfully represented two plaintiffs in a jury trial in Morgan County, Illinois. The plaintiffs were injured in an altercation at a hotel bar in Jacksonville, Illinois. David A. Rolf successfully prosecuted the case to the jury on theories of dram shop liability and negligent provision of security. The jury returned a verdict in favor of the plaintiffs on both theories, and also found that the plaintiffs were not contributorily negligent. Prior to the trial, the defendant made no offer of settlement, and the jury verdict exceeded by 25% the last settlement demand by the plaintiffs.

In February, 2007, the U.S. Court of Appeals for the Seventh Circuit agreed with Sorling attorneys in upholding a lower court’s grant of a Motion for Summary Judgment in favor of the firm’s client. The case was filed by Sorling’s client, a physician who had been a defendant in a medical malpractice case. The physician sought to recover under claims of defamation and breach of contract. David A. Rolf and Lisa A. Petrilli prevailed on the summary judgment motion at the District Court level, and the Seventh Circuit Court of Appeals upheld that decision on February 27, 2007, after oral argument in January.

In February, 2007, a presentation by Charles J. Northrup entitled “Education for Attorneys in Child Custody Matters”, about ethical issues in child custody matters, was replayed at Illinois State Bar Association seminars in Quincy and Rockford, Illinois. The presentation was originally made by Mr. Northrup at an ISBA seminar in August, 2006, in Collinsville, Illinois.

Todd Turner was the keynote speaker at the annual Western Illinois University Honors College Symposium, which was held in Macomb, Illinois on February 19, 2007. Mr. Turner was a member of the Honors College prior to his graduation from Western Illinois in 1988. His keynote speech reviewed the lives of the defendants in some of the landmark decisions of the United States Supreme Court, particularly focused on what happened to them in the years following the resolution of their cases by the Supreme Court. The individuals discussed included Dollree Mapp, Ernesto Miranda, Clarence Gideon, and Danny Escobedo.

In December of 2006, Michael A. Myers wrote a chapter on effective planning commission presentations for an Illinois Institute of Continuing Legal Education publication on Land Use Law and Litigation. Mr. Myers also presented that topic at an IICLE seminar.

In November of 2006, Sorling attorneys represented the purchaser of a popular Springfield-area golf course that is the focal point of a large residential development on the southwest side of the city. Sorling successfully represented the entity that purchased the real estate and other assets known as Piper Glen Golf Club.

On November 2, 2006, John A. Kauerauf made a presentation entitled "Recognizing and Reacting to Unionization Activity" to the Human Resources User Group of the Illinois Critical Access Hospital Network, an association of 50 rural hospitals doing business in downstate Illinois. Mr. Kauerauf reviewed for the group relevant NLRA provisions, recent NLRB decisions and strategies employed by health care providers when faced with these challenges.

On November 1, 2006, Zach Dinardo made a presentation entitled "New Challenges for Healthcare: Refusal of Care" to the Nurse Leaders Group of the Illinois Critical Access Hospital Network.

An article by Charles J. Northrup appears in the October, 2006 issue of the Illinois Bar Journal. Describing recently-issued federal rules and regulations, Mr. Northrup’s article describes the new rules, their statutory underpinnings, and their likely impact on real estate owners and environmental considerations in Illinois.

On September 29, 2006, James M. Morphew received the Special President's Award from the Illinois Optometric Association "for continued loyalty and outstanding service to the Association and the profession of optometry." Mr. Morphew accepted the award during a presentation at the Association's annual convention in Springfield, Illinois.

In September 2006, the Sorling Law Office successfully defended a social service agency in US District Court against a claim of race and national origin discrimination and a claim of disability based discrimination filed by a former employee of that agency. The employee claimed that she lost employment in violation of Title VII of the Civil Rights Act and the Americans with Disabilities Act. Chief US District Judge Michael McCuskey awarded a summary judgment to the employer on September 27, 2006. The employer was later awarded its costs of defense by the Court. John A. Kauerauf of the Sorling firm served as defense counsel for the employer.

On August 22, 2006, John A. Kauerauf made a presentation entitled "2006 Employment Law Update" to the Human Resources User Group of the Illinois Critical Access Hospital Network, an association of 50 rural hospitals doing business in downstate Illinois. Mr. Kauerauf reviewed for the group all new legislation, administrative rules and court decisions from 2006 that impact the employer/employee relationship.

On October 12, 2006, at the request of the Fourth District Appellate Court, James G. Fahey, on behalf of the firm and one of its clients, argued a case at the University of Illinois College of Law. The Fourth Appellate District selects only two cases annually for oral argument at the college, based upon the importance of the issue and potential interest in the topic. The case that was argued involved alleged veterinary malpractice.

On September 22, 2006, Brian D. Jones made a presentation entitled “LLC and S Corporation Update” at the Illinois Institute of Continuing Legal Education’s “Hot Topics in Business Law” conference in Peoria, Illinois. Mr. Jones focused his presentation on the formation and operation of Illinois Series Limited Liability Companies.

In September of 2006, Stephen J. Bochenek accompanied a delegation representing the Illinois Association of Realtors on a trip to Shanghai, Beijing and Hong Kong, China. During the trip, which was designed to highlight real estate investment opportunities in Illinois, Mr. Bochenek spoke at the Sino-American Cooperation Forum on International City Construction. His remarks focused on commercial real estate development and construction and associated legal concerns.

On September 18, 2006, Lisa Harms Hartzler joined the firm in the general practice of law and as a member of the firm’s Health Law Group. Ms. Hartzler graduated cum laude in 1975 with a Bachelor of Arts degree from North Central College, and cum laude in 1978 with a Juris Doctor degree from American University Washington College of Law. She was Senior Note & Comment Editor of The American University Law Review, which published her Comment in 1978, and previously practiced law as a partner in a Chicago, Illinois, law firm. She was admitted to practice in Illinois in November of 1978.

On August 24, 2006, Thomas H. Wilson of the Sorling Law Office won a jury trial in Sangamon Country Circuit Court, Judge Robert Hall presiding, in favor of a large central Illinois general contractor on a construction negligence claim. The plaintiff alleged that the firm’s client was negligent in the demolition of a five-story hotel adjoining the plaintiff’s real estate and caused substantial damage to the plaintiff’s property. After a four-day trial, the jury returned a verdict in favor of the general contractor in less than two hours of deliberation.

On August 1, 2006, James G. Fahey of the Sorling Law Office secured a favorable jury verdict in Sangamon County Circuit Court, Judge Patrick Kelley presiding, on behalf of an individual client of the firm. The two-day trial involved an estate that contested the client’s entitlement to the proceeds from the decedent’s Individual Retirement Account.

In August of 2006, Todd M. Turner was elected President of the Sangamon County Salvation Army Advisory Board for a one-year term. Mr. Turner has served as a member of the Advisory Board since 1999, and a representative of the Sorling Law Office has served on the Advisory Board for more than 50 years.

In April of 2006, the Sorling Law Office successfully defended a local professional engineering firm against a claim of religious discrimination filed by an engineer formerly employed by that firm. The engineer alleged that his employer had violated Title VII of the Civil Rights Act by materially reducing his job responsibilities on account of his religious faith. The matter was tried to a jury in U.S. District Court for the Central District of Illinois, Judge Jeanne Scott presiding, over a three day period. On April 26, 2006 the jury returned a verdict in favor of the employer and the employer was later awarded its costs of defense by the Court. John A. Kauerauf of the Sorling firm served as defense counsel for the employer.

In March of 2006, the Sorling Law Office successfully defended a social service agency against a claim of race discrimination filed by a former employee of that agency. The employee alleged that her discharge was due to her race in violation of Title VII of the Civil Rights Act. U. S. Magistrate Judge David Bernthal awarded the employer a summary judgment on March 8, 2006. The employer was later awarded its costs of defense by the Court. John A. Kauerauf of the Sorling firm served as defense counsel for the employer.

On March 13, 2006, Brian D. Jones joined the firm as an associate. Mr. Jones, a Springfield native,  earned joint Juris Doctor/Masters in Business Administration degrees in 2005 from the University of Illinois at Urbana-Champaign, from which he also graduated with a Bachelor of Science degree in Finance (with honors) in 2001.  He was admitted to practice in Illinois in November of 2005.

Effective January 1, 2006, E. Zach Dinardo became a shareholder of the firm. Mr. Dinardo had been an associate of the firm since his graduation from the St. Louis University School of Law in 1999. He is a native of Auburn, Illinois, where he now lives with his wife and three children.

On August 22, 2005, Emily B. Cour joined the firm as an associate. A native of Shelbyville, Illinois, Ms. Cour received her Juris Doctor degree from St. Louis University School of Law in May of 2005, and graduated from Illinois Wesleyan University with a Bachelor of Arts (cum laude) in Business Administration in 2002. She passed the Illinois bar examination and was admitted to practice in November of 2005.

On January 24, 2005, James D. Broadway joined the firm as a shareholder. Mr. Broadway had been in private practice since 1972, practicing primarily in the areas of health law, real estate and commercial transactions. At the time he joined Sorling, Mr. Broadway opened the firm’s office in Peoria, Illinois. He is a graduate of Tulane University in New Orleans (B.A., 1965), and Southern Methodist University in Dallas (J.D., 1968)