Publications

Illinois Bar Journal
Articles From 2007

Browse articles by year: 2014 (242) 2013 (307) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

Illinois Administrative Agency Publications Online By Tom Gaylord September 2007 Column, Page 494 There's a wealth of information if you know where to look.
Illinois Courts on the Web By Helen W. Gunnarsson April 2007 Article, Page 180 What information and services are Illinois-based courts providing via the Web? What isn't there that should be? Here's a review.
Illinois signs compact to encourage the development of Midwestern passenger rails - PA 094-1077 June 2007 Illinois Law Update, Page 292 Reflecting the continuing importance of rail travel and the concern over the aging railways in the state, the Illinois General Assembly has passed the Midwest Interstate Passenger Rail Compact Act (Act) in an effort to work in conjunction with other Midwestern states in the hope of improving and developing railway transportation throughout the region.
Illinois Supreme Court allows direct participant liability theory for first time April 2007 Illinois Law Update, Page 176 On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Clark USA (CUSA).
The Illinois Supreme Court OKs advance payment retainers By Helen W. Gunnarsson June 2007 Lawpulse, Page 286 The 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.
Illinois supremes reject pre-existing debt rule By Helen W. Gunnarsson December 2007 Lawpulse, Page 622 Under 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.
Illinois to purchase flexible fuel and fuel efficient hybrid vehicles - PA 094-1079 March 2007 Illinois Law Update, Page 124  In an effort to be more environmentally conscious, the Illinois General Assembly recently added section 25-75 to the Illinois Procurement Code. 
Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.
Impairment of servient estate does not necessitate denial of an implied easement February 2007 Illinois Law Update, Page 72 On December 7, 2006, the Illinois Appellate Court, Second District, reversed in part the holding of the Circuit Court of Du Page County, which denied plaintiff Gacki's motion for summary judgment and granted summary judgment to defendants Raymond and Lori Bartels, because the plaintiff's claimed easement would impair or reduce the value of the servient estate.
Impending Regs Affect Planning for Clients Facing Long-Term Care By Helen W. Gunnarsson February 2007 Lawpulse, Page 66 The 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.
Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113 May 2007 Illinois Law Update, Page 236 In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty February 2007 Illinois Law Update, Page 72 The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
The Incredible Expanding/Shrinking Right of Children to Sue “Parents” By Jeffrey J. Kroll and Sean P. Driscoll February 2007 Article, Page 86 Illinois courts are giving immunity to more types of parents on the one hand as they create exceptions to the parental immunity doctrine on the other.
Information on financial identity theft must be provided by the Department of Motor Vehicles - PA 094-1001 February 2007 Illinois Law Update, Page 72 In order to make Illinois residents more aware of the risks of financial identity theft, the Illinois General Assembly amended section 2-105 of the Illinois Vehicle Code by adding subsection (f). 625 ILCS 5/2-105(f). 
Initial consultations - satisfaction or your money back? By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 Should 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.
“Innocent construction” libel rule - still standing but battered By Helen W. Gunnarsson March 2007 Lawpulse, Page 118 The 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.
Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach By Alan J. Brinkmeier and John D. Dalton January 2007 Article, Page 42 The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.
Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings By James T. Nyeste May 2007 Article, Page 244 Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 
Intellectual Property Law for the General Practitioner By Preston H. Smirman and David A. Burns December 2007 Article, Page 650 Understanding intellectual property fundamentals can protect your client’s business and enhance your general practice. Here’s a primer.
Intrastate Forum Non Conveniens in Illinois: Post-Langenhorst Confusion By Rob Shumaker June 2007 Article, Page 300 The Illinois Supreme Court's most recent intrastate forum non conveniens ruling only adds to the confusion, this author opines.
Involuntary treatment authorization and patient refusal right laws amended - PA 094-1066 July 2007 Illinois Law Update, Page 348 The Illinois General Assembly has changed the Mental Health and Developmental Disabilities Code, 405 ILCS 5/2-107 et seq.
IOLTA change allows trust accounts to earn highest rate By Helen W. Gunnarsson March 2007 Lawpulse, Page 118 Amended 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.
It’s A (Wonderful) Lawyer’s Life By Joseph G. Bisceglia December 2007 Column, Page 620 Your community would be a poorer place without you. 
It’s official - you can’t collect fees for collecting your own fees By Helen W. Gunnarsson June 2007 Lawpulse, Page 286 As a matter of public policy, "lawyers representing themselves simply do not incur legal fees," the third district ruled recently.
J.S.A. - the supreme court peers into a tangled paternity web By Helen W. Gunnarsson March 2007 Lawpulse, Page 118 A convoluted paternity case examines the interplay between the parentage and adoption acts and raises as many questions as it answers.
Judicial estoppel does not protect against malpractice November 2007 Illinois Law Update, Page 576 On August 17, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County dismissing the plaintiff's legal malpractice action pursuant to Illinois Code of Civil Procedure section 2-619 based on the theory of judicial estoppel. 
Judicial estoppel not applied to change in legal conclusion August 2007 Illinois Law Update, Page 404 On June 7, 2007, the Illinois Appellate Court, Second District, reversed the Circuit Court of Lake County's grant of summary judgment in favor of defendants Richard Sandore and Associates for Women's Health.
Judicial Evaluation -De Facto Merit Selection? By Joseph G. Bisceglia September 2007 Column, Page 452 By educating voters, bar groups can counter special interests.
Jury trials for divorce? By Helen W. Gunnarsson March 2007 Lawpulse, Page 118 An Illinois bill would bring jury trials back to contested divorce. The ISBA Family Law Section Council thinks that's a bad idea.
Lack of notice of disposition of collateral does not necessarily bar deficiency action September 2007 Illinois Law Update, Page 460 On June 29, 2007, the Illinois Appellate Court, First District, remanded the order of the Circuit Court of Cook County awarding judgment in favor of Lula Stoval due to the circuit court's error in applying an absolute bar to General Motors Acceptance Corporation's (GMAC) deficiency judgment against Stoval.