The perils for employers of hiring private investigatorsBy Helen W. GunnarssonFebruary 2008Lawpulse, Page 66Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.
Contacting, deposing employees of opposing parties: a how-toBy Helen W. GunnarssonJanuary 2008Lawpulse, Page 10Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.
Court upholds $1 million penalty arising out of $12,000 support debtBy Helen W. GunnarssonJanuary 2008Lawpulse, Page 10The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
Custody conundrumBy Helen W. GunnarssonJanuary 2008Lawpulse, Page 10Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?
Drafter bewareBy Helen W. GunnarssonDecember 2007Lawpulse, Page 622When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.
Illinois supremes reject pre-existing debt ruleBy Helen W. GunnarssonDecember 2007Lawpulse, Page 622Under the rule, A’s promise to pay B’s debt is enforceable even if A didn’t put it in writing if it’s made before the debt was incurred. The high court says that’s not the law in Illinois.
Small-trust-termination amendment gets mixed reviewsBy Helen W. GunnarssonDecember 2007Lawpulse, Page 622It’s good to allow trustees to terminate small trusts when fees are consuming income. But should income, rather than remainder, beneficiaries automatically get the proceeds?
Three flavors of federal e-filingBy Helen W. GunnarssonDecember 2007Lawpulse, Page 622Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.
Ex post facto Medicaid "planning"By Helen W. GunnarssonNovember 2007Lawpulse, Page 570May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Frye-ing the HGN testBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.
No duty to warn, Illinois high court holdsBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
Rule 216 requests to admit: no more "gotcha" gamesBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.
New law expands video appearances by prisonersBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.
POD and TOD accounts and your estate-planning arsenalBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?
Station adjustments: not-so-rough justice for kidsBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.
What court reporters wantBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510 At depositions, they want you to say out loud who is in the room. And to speak slowly. And not to interrupt other speakers. And...
Court upholds support-arrearage payments at 60 percent of incomeBy Helen W. GunnarssonSeptember 2007Lawpulse, Page 454The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.
Legal aid groups would benefit from cy pres statuteBy Helen W. GunnarssonSeptember 2007Lawpulse, Page 454A bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds.
New law allows Human Rights Act plaintiffs to file in circuit courtBy Helen W. GunnarssonSeptember 2007Lawpulse, Page 454Complainants under the Illinois Human Rights Act can now file in circuit court instead of with state agencies. This brings Illinois into line with federal practice and that of 38 states.
SLAPP suits take a hitBy Helen W. GunnarssonSeptember 2007Lawpulse, Page 454A new bill would discourage developers and others from suing - and thus trying to silence - opponents of their subdivisions, landfills, and the like.
Bill would make involuntary commitment easierBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.
Employers win pay-disparity case in Supreme CourtBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.
Initial consultations - satisfaction or your money back?By Helen W. GunnarssonAugust 2007Lawpulse, Page 398Should lawyers provide free consultations to prospective clients? Discounts to new clients? Refunds of a consult fee to clients who ask for one? ISBA lawyers offer their opinions.
Mental suffering now compensable in wrongful death casesBy Helen W. GunnarssonAugust 2007Lawpulse, Page 398Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
