March 2009 VOLUME 97 Pages 109-160 NUMBER 3


COLUMNS

114

LETTERS
In Defense of the Citizen Participation Act

152

BUSINESS LAW
By Lin Hanson
Directors’ Duty to Creditors
If a corporation becomes insolvent, directors and officders owe a duty to creditors.

154

FINDING ILLINOIS LAW
By Tom Gaylord
Evidence Resources or Illinois Practitioners
A look at some free evidence-related online resources.

156

CIVIL PRACTICE
By Professor Jeffrey A. Parness
Pleading Civil Rights Claims
The challenges civil-rights claimants face in choosing a forum, shaping their pleadings, and more.

 

PRACTICE NEWS

116

LAWPULSE | By Helen W. Gunnarsson
Did Pat Fitzgerald say too much? Creative ways to fend off foreclosure; failure to grant continuance plain error; judge must rule before trial on motions in limine; the importance of timely service.

122

ILLINOIS LAW UPDATE
Different definitions of an insured for UM and UIM coverage; Access to Religious Ministry Act; Communmity Care Program updated: and more.


ARTICLES

126

TORT LAW | By Helen Gunnarsson
Understanding Uninsured and Underinsured Motorist Provisions
UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.

132

APPEALS | By Justice Robert W. Cook
An Appellate Justice’s Quick Guide to Appeals
A former appellate justice offers advice on every step in the appellate process, from trial to oral argument.

138

FAMILY LAW | By Scott A. Lerner
“Standard Visitation” and the Best Interest of the Child
Courts too often grant every-other-weekend visitation without considering the advantages of more generous alternatives, the author argues.

142

INSURER AND INSURED | By Robert P. Vogt
When Does an Insured Have a Right to Independent Counsel?
A look at the kinds of conflict of interest with insurers and others that trigger an insured’s right to independent counsel.

146

EVIDENCE | By Timothy J. Reuland and Shirley A. Murphy
Scientific Evidence About Grief in Illinois Wrongful Death Cases
A 2007 amendment to the Illinois Wrongful Death Act permits recovery for grief. This article discusses the evidence that makes the case for damages.