Defending politicians, getting paidBy Helen W. GunnarssonFebruary 2009Lawpulse, Page 64How do lawyers in the Land of Lincoln (and Ryan and Blagojevich) make sure they get paid when defending politicians charged with corruption?
The Illinois Mortgage Foreclosure Law 20 years laterBy Helen W. GunnarssonFebruary 2009Lawpulse, Page 64One of the drafters of the statute describes how it improved the procedure process and what loose ends remain.
Plaintiffs win big in ReadyBy Helen W. GunnarssonFebruary 2009Lawpulse, Page 64 The supreme court holds that good-faith settling tortfeasors can't be included in apportioning fault after verdicts to determine joint and several liability.
1099s for deadbeat clients?By Helen W. GunnarssonJanuary 2009Lawpulse, Page 10 A law-office management expert puts forth the option of sending a nonpaying client a 1099 for the value of your services. Is it really OK to do so?
Disagreement among appellate divisions creates split of authorityBy Helen W. GunnarssonJanuary 2009Lawpulse, Page 10 When one division within an appellate district disagrees with another, it creates an intradistrict split of authority - so sayeth the supreme court.
No five-o'clock world for e-filingBy Helen W. GunnarssonJanuary 2009Lawpulse, Page 10Unless the rules specify otherwise, parties may electronically file up to midnight on deadline day with administrative agencies that permit e-filing, the supreme court holds.
"Borrowing" from legal forms - do you need permission?By Helen W. GunnarssonDecember 2008Lawpulse, Page 606Lifting language from legal documents - everyone does it, right? But does it constitute copyright infringement?
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.
Court upholds, modifies risk-utility test for products liabilityBy Helen W. GunnarssonDecember 2008Lawpulse, Page 606In a recent case, the Illinois Supreme Court upheld - but reformulated - the risk-utility test, while declining to abandon the consumer-expectation test.
Real estate and divorce: No more transfer-tax exemption?By Helen W. GunnarssonDecember 2008Lawpulse, Page 606 To the chagrin of matrimonial lawyers, Chicago has begun taxing the transfer of a divorcing couple's jointly owned home to one of the ex-partners.
Appellate court: no wrongful death for embryo before it's implantedBy Helen W. GunnarssonNovember 2008Lawpulse, Page 548 The Illinois Appellate court rules that the Wrongful Death Act does not permit suits on behalf of human embryos allegedly destroyed before being placed in the womb.
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.
Plaintiff-friendly ADA amendments take effect Jan.1By Helen W. GunnarssonNovember 2008Lawpulse, Page 548Amendments to the Americans with Disabilities Act legislatively overturn recent U.S. Supreme Court rulings.
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.
Statutory change gives right to counsel to juveniles facing detentionBy Helen W. GunnarssonOctober 2008Lawpulse, Page 498 An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.
Using guardianship to change school districts? Be waryBy Helen W. GunnarssonOctober 2008Lawpulse, Page 498Your client wants his kid to go to New Trier schools? Then he'd better move there or be prepared to pony up $18,000-plus in tuition, an ISBA member advises.
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.
Living trust amendment drafted by a nonlawyer ruled invalidBy Helen W. GunnarssonSeptember 2008Lawpulse, Page 438A living trust amendment drafted by a nonlawyer is invalid under the Consumer Fraud and Deceptive Business Practices Act, the Illinois Appellate Court rules.
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.
