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.
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...
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.
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?