Publications

Illinois Bar Journal
Articles From 2009

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Declaratory Judgments and Premarital Agreements: In re Marriage of Best By Celia Guzaldo Gamrath April 2009 Article, Page 188 With Best, the Illinois Supreme Court allows before-trial declaratory judgments to determine the validity of a premarital agreement.
Defendants may owe a duty of care to a child injured on a treadmill December 2009 Illinois Law Update, Page 604 On September 30, 2009, the Illinois Appellate Court, First District, reversed and remanded the order of the Circuit Court of Cook County, granting summary judgment in favor of the defendants, holding that a genuine issue of material fact existed as to whether a treadmill poses an open and obvious danger to a child.
Defending politicians, getting paid By Helen W. Gunnarsson February 2009 Lawpulse, Page 64 How do lawyers in the Land of Lincoln (and Ryan and Blagojevich) make sure they get paid when defending politicians charged with corruption? 
Demystifying Illinois DUI Sentencing By Larry A. Davis July 2009 Article, Page 352 Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.
Department of Human Services Act amended. PA 095-0998 March 2009 Illinois Law Update, Page 122 The Illinois General Assembly has amended the Department of Human Services Act by adding and deleting language in Section 10-10, and adding Section 10-60. 20 ILCS 1305/10-10, 10-60.
Department of Revenue amends rules governing income taxes in Illinois April 2009 Illinois Law Update, Page 174 The Department of Revenue amended several sections and added two new sections to Ill Adm Code 100. The updates implement the amendments made to the Illinois Income Tax Act (IITA) (35 ILCS 5).
Deposing a witness in a foreign country By Helen W. Gunnarsson September 2009 Lawpulse, Page 438 If you find yourself among the growing ranks of lawyers who need to conduct extraterritorial depositions, here's how to proceed.
Did Pat Fitzgerald say too much? By Helen W. Gunnarsson March 2009 Lawpulse, Page 116 Lawyers disagree about whether prosecutor Fitzgerald crossed the line when he said Rod Blagojevich’s conduct “would make Lincoln roll over in his grave.”
Different definitions of an insured for UM and UIM coverage disregards legislative intent March 2009 Illinois Law Update, Page 122 On January 8, 2009, in a consolidated appeal, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment in favor of Farmers Insurance Company in the Schultz action and granting summary judgment in favor of Barbara Weglarz in the Weglarz action.
Directors’ Duty to Creditors By Lin Hanson March 2009 Column, Page 152 If a corporation becomes insolvent, directors and officers owe a duty to creditors.
Disagreement among appellate divisions creates split of authority By Helen W. Gunnarsson January 2009 Lawpulse, Page 10  When one division within an appellate district disagrees with another, it creates an intradistrict split of authority - so sayeth the supreme court.
The Discovery Deposition and Disfavored Evidence By Joanne Hannaway Sweeney and Benjamin J. Wimmer November 2009 Article, Page 576 A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses
Dismissal for double jeopardy was improper January 2009 Illinois Law Update, Page 16 On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy. 
A dismissal granting leave to amend is not a final adjudication February 2009 Illinois Law Update, Page 70  On December 2, 2008, the Illinois Appellate Court, Second District, reversed and remanded the judgment of the Circuit Court of Lake County granting the defendants' motions to dismiss and dismissing the plaintiff's medical malpractice complaint.
Do-not-resuscitate requirements reformed. PA 096-0765 December 2009 Illinois Law Update, Page 604 Illinois lawmakers amended the Health Care Surrogate Act, changing the requirements for a do-not-resuscitate (DNr) order. 755 ILCS 40/65.  
Does the “51-Percent Rule” Apply to Legal Malpractice Actions? By James W. Davidson June 2009 Article, Page 302 Is recovery for legal malpractice barred if the plantiff-client is more than 50 percent to blame? Here's the case for and against.
Drafting Enforceable Noncompetition Agreements in Illinois By Peter A. Steinmeyer April 2009 Article, Page 194 Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.
Dress for Courtroom Success, Not Distress By Helen W. Gunnarsson August 2009 Article, Page 402 Q. Whats the best way to dress for court? A. The way the judge says you should.
The Duty to WARN Against Serious Injury: Can Plaintiffs Successfully Challenge Illinos’ Tough Standard? By Eugene I. Pavalon and Harry C. Lee October 2009 Article, Page 518 The authors argue that the Restatement of Torts may offer a way for plaintiffs to argue for a more expansive duty of defendants to warn.
Electronic Discovery: Dealing with Disclosure of Metadata By Joseph R. Marconi January 2009 Article, Page 24 The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.
Electronic Voting for Nonprofits By Michael J. Huft December 2009 Column, Page 634 Learn about new amendments to the Illinois General Not For Profit Corporation Act.
Emergency Contact Database to be created. PA 095-0898 January 2009 Illinois Law Update, Page 16 The Illinois Identification Card Act has been amended by adding section 11A, and the Illinois Vehicle Code has been amended by adding section 6-117.2. 15 ILCS 335/11A and 625 ILCS 5/6-117.2.
Evidence is insufficient to prove negligence if the conclusion is merely possible June 2009 Illinois Law Update, Page 284 On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.
Evidence of careful habits has no bearing for the element of proximate cause July 2009 Illinois Law Update, Page 336 On April 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting summary judgment for the defendants. 
Evidence Resources or Illinois Practitioners By Tom Gaylord March 2009 Column, Page 154 A look at some free evidence-related online resources.
Failure to provide a sworn statement detailing construction fees does not automatically defeat a breach of contract claim December 2009 Illinois Law Update, Page 604 On September 30, 2009, the Illinois Appellate Court, Second District, affirmed in part and reversed in part the Circuit Court of Du Page County's decision to grant the defendant's motion to dismiss a complaint stemming from an unpaid construction bill, and remanded the case for further proceedings. 
Faster resolution urged for custody, SLAPP suits By Helen W. Gunnarsson June 2009 Lawpulse, Page 278 At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701 December 2009 Illinois Law Update, Page 604 Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.
Five Wishes: “zero cases of litigation” June 2009 Column, Page 274 We're flattered that authors Koenig and Hyde ("Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive," IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem.
Food pantries required to register with local public health departments. PA 095-0828 January 2009 Illinois Law Update, Page 16 Illinois lawmakers amended the Food Handling Regulation Enforcement Act by adding Section 3.2 dealing with "food banks." 410 ILCS 625/3.2.