Court upholds per se conflict doctrineBy Helen W. GunnarssonDecember 2008LawPulse, Page 606 A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.
HGN tests meet the Frye standardBy Helen W. GunnarssonNovember 2008LawPulse, Page 548So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.
New law attempts to simplify zoning hearingsBy Helen W. GunnarssonOctober 2008LawPulse, Page 498 A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.
The Open Meetings Act v. client confidentialityBy Helen W. GunnarssonOctober 2008LawPulse, Page 498A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.
The slacker son who wouldn’t leave homeBy Helen W. GunnarssonOctober 2008LawPulse, Page 498 Your clients want to send their noncontributing adult son packing, but he says, "Nuh uh." Getting him out the door isn't as simple as you might think.
Bidder bewareBy Helen W. GunnarssonSeptember 2008LawPulse, Page 438Winning bidders at judicial foreclosure sales can ultimately lose if a subsequent buyer offers more and the lender withdraws its foreclosure motion before the judge confirms the sale, the Illinois Supreme Court ruled.
In re Marriage of BratcherBy Helen W. GunnarssonSeptember 2008LawPulse, Page 438A fourth district panel reverses a trial court’s grant of a substantial maintenance award in a long-term marriage where there was also a large property settlement.
R U monitoring employees’ text messages?By Helen W. GunnarssonSeptember 2008LawPulse, Page 438 An employee had a reasonable expectation of privacy in private e-mail he sent during work hours on his employer-issued pager, the federal ninth circuit rules.
You’ve been appointed GAL-now what?By Helen W. GunnarssonSeptember 2008LawPulse, Page 438Might you be a minor child's court appointed guardian ad litem? If so, here are some pointers from a colleague who's been there.
Clarifying the collateral source ruleBy Helen W. GunnarssonAugust 2008LawPulse, Page 384The supreme court rules that plaintiffs can recover the "reasonable value" of their medical expenses, whether they're paid by Medicare, Medicaid, insurance, or another source.
A new definition of marital property?By Helen W. GunnarssonAugust 2008LawPulse, Page 384 A controversial ruling allows a child-support obligee to lay claim to property held in the name of the obligor's new spouse.
No discovery deps allowedBy Helen W. GunnarssonAugust 2008LawPulse, Page 384A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.
Supremes: the Best approach to tort reform survivesBy Helen W. GunnarssonAugust 2008LawPulse, Page 384 The supreme court holds that a med-mal plaintiff is entitled to a 90-day extension to file her certificate of merit - and that a 2004 law didn't reenact the version of 2-622 invalidated in Best v Taylor.
What’s a POA agent worth?By Helen W. GunnarssonAugust 2008LawPulse, Page 384Agents are entitled to reasonable compensation. But what's reasonable?
How not to do e-filingBy Helen W. GunnarssonJuly 2008LawPulse, Page 334The supreme court recently announced its intention to implement statewide e-filing in the next several years. Critics say the federal northern district of Illinois, which requires filing both paper and electronic copies, offers an example of what not to do.
Stepping up the fight against elder abuseBy Helen W. GunnarssonJuly 2008LawPulse, Page 334A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.
A veterinary standard of careBy Helen W. GunnarssonJuly 2008LawPulse, Page 334The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.
DUI changes effective June 1By Helen W. GunnarssonJune 2008LawPulse, Page 278Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.