Publications

Illinois Bar Journal
Articles From 2007

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The Supreme Court Widens the Opening for Title VII Retaliation Claims By Adam C. Wit January 2007 Article, Page 36 In Burlington Northern, the Court resolved in favor of employees a lower-court dispute about what constitutes forbidden retaliation.
Supremes - the risk-utility test applies despite open, obvious dangers By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 In 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.
Surpluses from foreclosure sales do not go to the purchaser January 2007 Illinois Law Update, Page 14 On November 13, 2006, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of McHenry County, holding the circuit court abused its discretion by distributing a portion of the surplus funds from a sheriff's auction to the winner of that auction.
Taking (Back) Your Vacation By Karen Erger June 2007 Column, Page 322 When was the last time you left the BlackBerry at home and took a real vacation?
Task force on health planning reform created. PA 095-0005 August 2007 Illinois Law Update, Page 404 In order to protect essential healthcare facilities and to improve the thoroughness of Illinois health facility planning, the Illinois General Assembly amended the Illinois Health Facilities Planning Act to create the Task Force on Health Planning Reform.
Tax exemptions for out-of-state motor vehicle purchasers narrowed and clarified June 2007 Illinois Law Update, Page 292 The Department of Revenue has amended sections 130.120 and 130.605 of 86 Ill Adm Code 130 to reflect changes made to the Illinois Retailers' Occupation Tax Act (35 ILCS 120/1 et seq). 
Tax nonpayment sales and the mentally ill - does the system work? By Helen W. Gunnarsson June 2007 Lawpulse, Page 286 Do recent cases indicate that Illinois should change its laws to further protect mentally ill property owners?
Terminating Guardianships and Returning Children to Parents: Pitfalls and Possibilities By Julie M. Harcum October 2007 Article, Page 542 Is it enough that a parent is "fit, willing, and able," or may a child be returned only if doing so serves his or her "best interest"?
Termite Traps for Homebuyers By Terry Sharp and Lance C. Martin August 2007 Article, Page 424 Simply getting an inspection may not give your clients what they need. Here are steps you can take to protect them.
Thoughts for the Year Ahead By Joseph G. Bisceglia July 2007 Column, Page 340 The coming year will feature initiatives on lawyers' image, diversity, and judicial independence.
Three flavors of federal e-filing By Helen W. Gunnarsson December 2007 Lawpulse, Page 622 Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.
Tighter fire safety standards set for mobile home parks - PA 094-1080 April 2007 Illinois Law Update, Page 176 The Illinois General Assembly has provided for new safety standards to protect mobile home parks from the dangers of fire by passing Public Act 094-1080 (Act). 
Time to update the Rules of Professional Conduct? By Helen W. Gunnarsson October 2007 Lawpulse, Page 510 The Illinois Supreme Court Rules Committee is considering a proposal to do just that.
Title insurance purchaser guaranteed right to choose title insurance company. PA 095-0570 November 2007 Illinois Law Update, Page 576 The Title Insurance Act has been amended to ensure that title insurance purchasers have a right to choose the title insurance company that will indemnify against loss arising from a defect in title to real property. 
A trio of Illinois Supreme Court Rule amendments By Helen W. Gunnarsson May 2007 Lawpulse, Page 230 The court amended rules governing the format of appellate briefs, appeals from circuit court rulings, and voir dire examinations in criminal cases.
The trouble with hourly billing By Helen W. Gunnarsson June 2007 Lawpulse, Page 286 Does 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?
Tuition Waiver Rules Implemented May 2007 Illinois Law Update, Page 236 The Board of Higher Education (Board) has implemented rules, effective February 7, 2007, that provide uniform guidelines, definitions, and limitations for the issuing of tuition and fee waivers by public universities to their students. 23 Ill Adm Code 1075.
Underlying defendant’s solvency is required element of plaintiff’s legal malpractice action October 2007 Illinois Law Update, Page 516 On July 27, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County granting defendant Eric Ferleger's motion to dismiss pursuant to 735 ILCS 5/2-615. 
An Update on Rule 213 Trial Witness Disclosure By Daniel P. Wurl September 2007 Article, Page 464 A look at the evolution of the Rule 213 opinion-witness rule and the supreme and appellate court decisions interpreting it.
Using CFEs and Motions to Compel Disclosure in White-Collar Criminal Defense By Frank S. Perri August 2007 Article, Page 432 Expert help and skillful motion drafting can help defense counsel respond to prosecution "document dumping" in complex criminal fraud cases..
Using “My Legislation” to Keep Up to Date By Tom Gaylord November 2007 Column, Page 608 The General Assembly Web site's free "My Legislation" feature lets you stay abreast of new public acts.
Using Videos at Trial: The Big Picture By Hon. James P. Flannery Jr. December 2007 Article, Page 642 What foundation is needed to introduce a video at trial in Illinois? Are videos subject to discovery? The author explores that and more.
Validity of advance payment retainers for attorneys upheld July 2007 Illinois Law Update, Page 348 On May 3, 2007, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, affirming the Circuit Court of Cook County's judgment ordering DLA Piper to turn over funds from an advance payment retainer paid by defendant Michael Davis.
Vehicle search incident to arrest justified even when arrest is made outside of vehicle October 2007 Illinois Law Update, Page 516 On August 9, 2007, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Will County granting the defendant's motion to suppress evidence found in the defendant's vehicle.  
Visitation By Biological Boyfriend-Father By H. Joseph Gitlin October 2007 Column, Page 556 A biological father from a wife's extra-marital affair can win visitation with his child.
Voir Dire: New Research Challenges Old Assumptions By Frank P. Andreano September 2007 Article, Page 474 Research shows that juror attitudes toward hot-button issues like tort reform are better predictors of bias than demographic factors.
Warning sign and device provisions added to Rivers, Lakes, and Streams Act. PA 095-0020 December 2007 Illinois Law Update, Page 632 A new section has amended the Rivers, Lakes, and Streams Act adding provisions for “signs and devices” that warn of the presence of dams. 615 ILCS 5/23b. 
What court reporters want By Helen W. Gunnarsson October 2007 Lawpulse, 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...
What’s Great about GRATs? By David A. Berek August 2007 Column, Page 438 A look at how and why to use grantor retained annuity trusts.
What’s Your Duty Under Himmel? By Helen W. Gunnarsson June 2007 Article, Page 296 What kind of misconduct by your fellow lawyers should be reported to ARDC? What if you make the wrong call?