Publications

Illinois Bar Journal
Articles From 2008

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Tapping Agency Expertise: The Doctrine of Primary Jurisdiction By James W. Hilliard May 2008 Article, Page 256 Courts use the doctrine to refer an issue to an administrative agency for expert determination. Here's how it works in Illinois.
Tax sales: the court helps taxpayers who help themselves By Helen W. Gunnarsson February 2008 Lawpulse, Page 66  Here's how not to win compensation after losing your house for failure to pay taxes.
Time between voluntary dismissal and refiling does not affect reasonable diligence assessment February 2008 Illinois Law Update, Page 72 On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b). 
Traffic stop and subsequent Terry search valid when based on non-anonymous tip July 2008 Illinois Law Update, Page 340 On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.
Traffic stop impermissibly prolonged September 2008 Illinois Law Update, Page 444 On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.
Training for Individuals who use Radionuclides for Medical Purposes September 2008 Illinois Law Update, Page 444 The Illinois Emergency Management Agency amended the rules governing medical use of radioactive material.
Trends in Seventh Circuit Sexual Harassment Decisions By William J. Borah April 2008 Article, Page 198 Title VII is not a code of behavior, according to the seventh circuit. But the court has also expanded remedies for victims of "hellish" sexual harassment.
Trial-Practice Don’ts By Matthew R. Crimmins July 2008 Article, Page 360 Don't promise the jury more than you can deliver, don't make inflammatory arguments, and more "don'ts" for litigation.
Trust and Trustees Act amended. PA 95-0605 April 2008 Illinois Law Update, Page 180 The Trusts and Trustees Act has been amended by changing section 4 and adding section 4.26. 760 ILCS 5/4, 760 ILCS 5/4.26. 
Two traffic stops, no Fourth Amendment “seizures,” the court rules By Helen W. Gunnarsson November 2008 Lawpulse, Page 548 The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.
Two-Tiered Billing in Illinois Divorce Cases - a Critique By James H. Feldman September 2008 Article, Page 452 Illinois divorce lawyers typically charge a higher hourly rate for court than for office time. It's time that changed, the author argues
UCC filing rules amended. PA 095-0446 June 2008 Illinois Law Update, Page 284 Section 9-516 of the Illinois Uniform Commercial Code has been amended. 810 ILCS 5/9-516. This section, entitled "What constitutes filing; effectiveness of filing," has been changed to add three new subsections to 9-516(b) concerning what documents may be refused or do not constitute the filing of a financing statement.
UCCJEA: Illinois refuses to register Indiana custody ruling By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 The Illinois Supreme Court refuses to register an Indiana custody ruling where the Indiana court did not return the Illinois court's repeated phone calls.
Undefined “death benefits” include life insurance proceeds June 2008 Illinois Law Update, Page 284 On April 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Winnebago County ordering life insurance proceeds to be delivered to the decedent's children, instead of the listed beneficiary. 
Unlawful Use of Encryption offense created. PA 095-0942 November 2008 Illinois Law Update, Page 554 The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5. 
Use of Leased Land Act. PA 095-0603 April 2008 Illinois Law Update, Page 180 The General Assembly has created the State of Illinois Recreational Use of Leased Land Act. 
Using guardianship to change school districts? Be wary By Helen W. Gunnarsson October 2008 Lawpulse, Page 498 Your 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.
Verbal refusal does not control where defendant physically complies with chemical test May 2008 Illinois Law Update, Page 236 On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.
A veterinary standard of care By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.
Vision Point : A Course Correction on Requests to Admit By Timothy J. Storm January 2008 Article, Page 26 This important new opinion makes it easier for judges to allow extensions for responding to requests to admit.
Visitation of minor child in non-Hague country allowed January 2008 Illinois Law Update, Page 16 On November 13, 2007, the Illinois Appellate Court, First District, affirmed the order of the Circuit Court of Cook County granting a modified joint parenting order allowing visitation of the minor child in a foreign country. 
Vote “No” on Con-Con By Jack C. Carey October 2008 Column, Page 492 Voters should reject the call for a constitutional convention.
Wabash and Ohio Rivers Coordinating Council Act created. PA 095-0132 February 2008 Illinois Law Update, Page 72 The Wabash and Ohio Rivers Coordinating Council Act has as its purpose the "restoration and conservation of the Wabash and Ohio Rivers and their tributaries."
What’s a POA agent worth? By Helen W. Gunnarsson August 2008 Lawpulse, Page 384  Agents are entitled to reasonable compensation. But what's reasonable?
When Hearsay Testimony Is a Nonevent Under the Confrontation Clause By Robert J. Steigmann June 2008 Article, Page 304 An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.
When Mom (or Dad) Wants to Move: Removing Children from Illinois After Divorce By Michelle A. Lawless November 2008 Article, Page 564 Custodial parents who seek to take their children out of Illinois face a high bar. Here are tips for preparing a removal case.
Where there are two wills, is there a way? By Helen W. Gunnarsson May 2008 Lawpulse, Page 230 What should a lawyer do with earlier wills that have been revoked by a later one?
Will construed according to plain and ordinary meaning November 2008 Illinois Law Update, Page 554 On September 5, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County ordering the proceeds from the securities found in the decedent's home to the charities in her will, and the beneficiaries to pay the 2005 and 2006 real estate taxes on the residences bequeathed to them.
Winning the Battle of the Forms By William J. Ryan and John B. Thornton July 2008 Article, Page 364 Many contracts are formed by the exchange of price quotes, purchase orders, and invoices, which often contain conflicting terms. This article reviews typical "battle of the forms" issues.
You’ve been appointed GAL-now what? By Helen W. Gunnarsson September 2008 Lawpulse, Page 438 Might you be a minor child's court appointed guardian ad litem? If so, here are some pointers from a colleague who's been there.