New DUI bill replaces JDPs with "monitoring device driving permits"By Helen W. GunnarssonAugust 2007Lawpulse, Page 398A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
Collateral source rule and med bills - plaintiff's, defense bar each win oneBy Helen W. GunnarssonJuly 2007Lawpulse, Page 342Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.
Does your order of dismissal do the job?By Helen W. GunnarssonJuly 2007Lawpulse, Page 342Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.
Preserving the right to appeal an ambiguous rulingBy Helen W. GunnarssonJuly 2007Lawpulse, Page 342What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.
So you wanna be a child rep...?By Helen W. GunnarssonJuly 2007Lawpulse, Page 342How do you get appointed? How much can you earn? What about appointees who don't do the job?
The Illinois Supreme Court OKs advance payment retainersBy Helen W. GunnarssonJune 2007Lawpulse, Page 286The court last month approved lawyers' use of the advance payment retainer, cautioning that more familiar retainer agreements will be the preferred option in most cases.
Law firm that followed state collection law not liable under FDCPABy Helen W. GunnarssonJune 2007Lawpulse, Page 286A law firm did not violate the federal Fair Debt Collection Practices Act when it followed Illinois procedure for collecting a state-court judgment, the seventh circuit ruled.
The trouble with hourly billingBy Helen W. GunnarssonJune 2007Lawpulse, Page 286Does the tradition of billing by the hour push lawyers to pad bills and thus engage in the kind of "dishonest" behavior forbidden by the Illinois Rules of Professional Conduct?
A new, stricter test for independent contractor status?By Helen W. GunnarssonMay 2007Lawpulse, Page 230Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?
Oppositional depositions - telling your client not to answerBy Helen W. GunnarssonMay 2007Lawpulse, Page 230A recent federal case sheds light about when and how lawyers can counsel their clients to refuse to answer questions in a deposition.
Pleading guilty onlineBy Helen W. GunnarssonMay 2007Lawpulse, Page 230New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.
A trio of Illinois Supreme Court Rule amendmentsBy Helen W. GunnarssonMay 2007Lawpulse, Page 230The court amended rules governing the format of appellate briefs, appeals from circuit court rulings, and voir dire examinations in criminal cases.
No governmental immunity for hazardous recreational activityBy Helen W. GunnarssonApril 2007Lawpulse, Page 170The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.
Parent companies more vulnerable to suit for subsidiaries' tortsBy Helen W. GunnarssonApril 2007Lawpulse, Page 170Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
Slavery reparations claims dismissed by 7CABy Helen W. GunnarssonApril 2007Lawpulse, Page 170The court held that slave descendants' section 1982 claims are, inter alia, too speculative and the claimants too far removed from the wrong of slavery.
Supremes - the risk-utility test applies despite open, obvious dangersBy Helen W. GunnarssonApril 2007Lawpulse, Page 170In a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers.
When is holding multiple public offices verboten?By Helen W. GunnarssonApril 2007Lawpulse, Page 170A recent appellate case, and AG opinions over the years, illustrate that officeholders won't always be permitted to serve two masters.
Hospital not liable for off-duty worker's disclosure of patient infoBy Helen W. GunnarssonMarch 2007Lawpulse, Page 118The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.
"Innocent construction" libel rule - still standing but batteredBy Helen W. GunnarssonMarch 2007Lawpulse, Page 118The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.
IOLTA change allows trust accounts to earn highest rateBy Helen W. GunnarssonMarch 2007Lawpulse, Page 118Amended RPC 1.15, effective June 1, requires lawyers to place nominal or short-term client funds with banks that pay the same return on IOLTA as on non-IOLTA accounts.
J.S.A. - the supreme court peers into a tangled paternity webBy Helen W. GunnarssonMarch 2007Lawpulse, Page 118A convoluted paternity case examines the interplay between the parentage and adoption acts and raises as many questions as it answers.
Jury trials for divorce?By Helen W. GunnarssonMarch 2007Lawpulse, Page 118An Illinois bill would bring jury trials back to contested divorce. The ISBA Family Law Section Council thinks that's a bad idea.
Extra fees for extra effort - a win in the appellate courtBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66The appellate court reversed the trial court's rejection of a plaintiff's firm's argument that its extraordinary effort justified fees that exceeded the statutory med-mal limit.
Goodbye to number, length limits for Illinois appellate opinionsBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66The supreme court lifted its 12-year-old limit, effective last month. Will its next step be to publish Rule 23 opinions on its Web site? Appellate advocates hope so.
Impending Regs Affect Planning for Clients Facing Long-Term CareBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66The state is on track to issue new regulations that will make it harder for clients who are headed for nursing-home care to hang on to assets. Elder law and estate-planning practitioners need to be prepared with new strategies for the new rules.
New rule allows citation of unpublished federal opinionsBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66Federal appellate courts used to restrict or prohibit citation of unpublished opinions in arguments to the courts. That changed January 1.
Criminal defendants must be informed of right to counsel, Campbell saysBy Helen W. GunnarssonJanuary 2007Lawpulse, Page 8A defendant's waiver of right to counsel was ineffective because the trial judge didn't inform him of the nature of the charges, the range of penalties, or his right to a lawyer.
