Vested Interest - Trends - April 1998 Issue

TV Ratings Ignored, but Satisfactory

An AP poll of 1,007 adults in the 48 contiguous states asked how viewers perceive the TV ratings system. When asked how much attention they pay to the ratings, a majority (55%) said "not much at all," the answer indicating the least attention. Just 14% said they pay "a great deal of attention." A plurality (39%) said they "never" use the ratings to make viewing decisions for themselves or their family. Almost half, however, said they thought the ratings system was doing an excellent (9%) or good (40%) job of informing parents of the content of TV programs. (AP, March 2, 1998)

A Moral Nation Supports President Clinton

A Wall Street Journal/NBC News poll of 2,004 adults nationwide conducted by Hart & Teeter gauged opinions on morality in general and the Presidency in particular. The poll found that 74% believe that adultery is "always wrong," and another 14% think it is "almost always wrong." And nearly half believe that allegations about President Clinton are true. But even after answering those questions, a strong majority, 61%, said that President Clinton should not resign even if the allegations are proven. And the poll put Clinton’s approval rating at 66%. (Wall Street Journal, March 5, 1998)

Credibility of the Courts

A Pew Center for the People and the Press survey measured opinions of several governmental agencies. Respondents were most favorable toward their local police (81% very or mostly favorable) and the military (80%), followed by the U.S. Supreme Court (72%), the FBI (60%), corporations (59%), labor unions (49%), the U.S. Court System (49%), Wall Street Investors (48%), and the CIA (39%). Most unfavorable, however, was the U.S. Court System (46% very or mostly unfavorable), followed by labor unions (39%) and the CIA (33%). Favorable opinions of the courts tended to follow from beliefs that the system was doing a good job. Unfavorable opinions were the result of a perception that courts favor people with money or that they are not even handed. (Pew Center release)

News Media Abandon Hard News

A study conducted by the Project for Excellence in Journalism found that prominent weekly news magazines have greatly reduced their coverage of hard news, and have adopted a "features" style of reporting that mimics People magazine. The study found that stories about the government fell 38% from 1977 to 1997, while the number of stories about celebrities grew three-fold. Stories about the government, however, are still more common than celebrity stories. The study also found that Time and Newsweek increasingly feature the same person on the cover as People. (AP, March 6, 1998)

Committee Updates

AMICUS CURIAE
Status Report 3-17-98
Volunteers are needed to review, monitor and/or brief these cases

1. Boub v. Township of Wayne

   The Second District upheld the Circuit Court’s granting of summary ‘judgment for defendants, township and its highway commissioner, in an action brought by a bicyclist who was injured in a fall while riding on a bridge which was under repair and was in unimproved condition. The Appellate Court held that the bicyclist was not an intended and permitted user of bridge, so that township did not owe a duty under the Tort Immunity Act to maintain the bridge in a reasonably safe condition for use by the bicyclist. The Court further held that the township was entitled to immunity under the Act with respect to plaintiff’s claim that it had initially failed to place signs warning of unimproved condition during repair work.

   Richard J. Hickey, Thomas E. Patterson, and Janice C. Breen of Hickey, Driscoll, Kurfirst, Patterson & Melia, Chicago, for Jon P. Boub, petitioner. Boub v. Township of Wayne, 291 Ill.App.3d 713 (2d Dist. 1997). PLA granted Wednesday February 4, 1998. Brief due ASAP.

2. Portwood v. Ford Motor Co.

   The First District affirmed the Circuit Court’s dismissal of class action as time-barred where the proposed class action asserting warranty claims against automobile manufacturers was filed in Illinois after being dismissed by the United States District Court for the District of Columbia. (see dismissal at 130 F.R.D. 260, and denial of motion to reconsider at 130 F.R.D. 514)

   The Appellate Court held that a class action filed led in a foreign Judicial system does not operate to toll duly enacted limitations period under Illinois law. The Court further held that the six-month savings provision contained in the Uniform Commercial Code, rather than general one-year savings provision, applied to plaintiffs claims.

   Beverly C. Moore, Jr. of Moore & Brown, Washington, D.C., and Clinton A. Krislov and Jonathan Nachsin of Krislov & Associates, Chicago, for Gwendolyn Portwood, et al., petitioners. Portwood v. Ford Motor Co., 226 III.Dec. 486 (1st Dist. 1997). PLA granted Wednesday February 4, 1998. Plaintiffs anticipate brief will be due mid-April.

3. People v. City of Chicago

   Pending in Supreme Court, after 2nd District ruled against the City in finding that there exists no common law "deliberative process privilege." Suit arises out of municipalities around O’Hare suing to prevent further airport construction without certificates of approval from the Illinois Department of Transportation. Plaintiffs asked the City for documents, and the City claimed they were privileged under the "deliberative process privilege" recognized in certain federal courts, but never before in Illinois. Both courts below held no such privileges exists, and that to create such was a legislative function in Illinois, not a judicial one. Amicus brief is due with the plaintiff’s brief on April 15.

   Joseph Karaganis, Karaganis & White, Chicago for the plaintiffs. People v. City of Chicago, (2nd Dist. 10/20/97).

MEMBERSHIP

The Membership Committee organized and conducted a membership drive by telephone on January 27 and 28, 1998. The attorneys who participated in that membership drive were Keith Hebeisen, Michael Schostok, Robert Bingle, Daniel Malone, Kevin Conway, Robert Napleton, Michael Mulvihill, Christopher Hurley, Thomas Killoren, Jr., Charles Porretta, Mitchell Weisz, John Dziedziak, Richard Rogich, Mark Rouleau, John Nisivaco, Susan Schwartz, Scott McKenna, Ken Apicella and Bridget Moore. Jim Collins also attended the drive.

The drive was successful with the accomplishment of 100 new memberships.

The Committee will continue it’s effort to obtain law school new members and is considering another phone-a-thon membership drive to be held before June, 1998.