Publications

Illinois Bar Journal
Articles From 2010

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2008 Global Credit Crisis and the Impossibility of Performance Doctrine October 2010 Illinois Law Update, Page 508 On July 19, 2010, the Appellate Court of Illinois, First District, upheld a section 2-615 motion to dismiss from the Circuit Court of Cook County, finding that the 2008 global credit crisis was not adequate grounds to rescind a contract under the doctrine of impossibility of performance.
2010 Spring Session Roundup By Jim Covington August 2010 Column, Page 404 A summary of key Illinois legislation passed this spring.
ABCs for GALs By Helen W. Gunnarsson November 2010 Article, Page 572 You'd like to serve as a GAL, child rep, or attorney for the child - how do you play this important but challenging role? Seasoned lawyers offer dos, don'ts, and tips.
ABN AMRO: A victory for the foreclosed-upon By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.
Added fines for failure to appear. PA 096-1431 October 2010 Illinois Law Update, Page 508 The Code of Criminal Procedure of 1963 was amended affecting those persons subject to bail bond. (725 ILCS 5/110-7)
Admissibility of Government Wiretaps after People v Coleman By David J. Robinson January 2010 Article, Page 44 Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.
ADR and the New Rules: The Role of Third-Party Neutrals By Thomas D. Cavenagh September 2010 Column, Page 482 The ethical obligations of attorneys practicing as third-party neutrals.
Agency rules must include analysis of effect on small businesses. PA 096-1448 December 2010 Illinois Law Update, Page 616 The Illinois General Assembly now requires that any agency enforcing a rule must provide an economic impact analysis of the rule's effect on small businesses. 5 ILCS 100/5-30.
Aggravated battery with a firearm law now protects students; Unlawful use of weapons law extends protection to public transportation facilities. Public Act 096-0041 January 2010 Illinois Law Update, Page 16 State lawmakers amended the charge for aggravated battery with a firearm to include protection for students.
All Hail the Illinois Rules of Evidence By Helen W. Gunnarsson December 2010 Article, Page 620 On January 1, Illinois finally joins the vast majority of states by codifying its rules of evidence. Here are highlights of the new code.
Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims February 2010 Illinois Law Update, Page 72 On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
Amendment to the Trusts and Trustees Act regarding lapse of power to withdraw. PA 096-0980. September 2010 Illinois Law Update, Page 452 According to Illinois lawmakers, even if a beneficiary of a trust releases or waives his or her power to withdraw or allows it to lapse, the beneficiary still may not be considered to be a settlor or to have made a transfer to the trust. (755 ILCS 5/16.2)
Amendments aid state collection of tax revenues from tobacco retailers November 2010 Illinois Law Update, Page 564 The Illinois Department of Revenue recently amended regulations designed to aid in the collection of tax revenues on tobacco products as authorized by the Tobacco Products Act of 1995 (35 ILCS 143 et seq).
Amendments clarify rights with respect to contested paternity. PA 096-0333 February 2010 Illinois Law Update, Page 72 State lawmakers amended the Vital Records Act with respect to the procedures for registering certain live births. 410 ILCS 535/12.
Amendments ease ID requirements for first-time college voters. PA 096-0317 January 2010 Illinois Law Update, Page 16 College students voting for the first time now can prove their identity simply by producing a student identification card and proof of residence, under new amendments to the Election Code. 
Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay By Ross B. Edwards March 2010 Article, Page 152 When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.
The Anna Nicole Smith Case: an Opera in Five Acts By Katarinna McBride May 2010 Column, Page 266 Is the battle over Anna Nicole Smith's husband's estate finally over?
Any settlement between a plaintiff and a defendant/ agent must also extinguish the principal's vicarious liability June 2010 Illinois Law Update, Page 292 On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.
Appeal of Pretrial Discovery Orders in Illinois By Charles D. Knight December 2010 Article, Page 632 A wrongly issued pretrial discovery order threatens to undermine your case - what can you do to get a second opinion at this early stage in the litigation? More than you might think.
Are you ready for health care reform? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
Asian carp reduction pilot program established. PA 096-0452 May 2010 Illinois Law Update, Page 236 The Department of Natural Resources has been charged with running a year-long pilot program focused on harvesting Silver Carp and Bighead Carp, two invasive species in the Illinois River, in order to facilitate an increase in population of native fish.
(Asset) Buyer Beware By Sherwin D. Abrams December 2010 Column, Page 644 Warning to buyers of going businesses: you may be buying some of your sellers' liabilities.
At long last, the codified Illinois Rules of Evidence By Helen W. Gunnarsson November 2010 Lawpulse, Page 558 Effective January 1, Illinois' new evidence code pulls together evidentiary rules heretofore scattered among various cases, statutes and court rules - and makes a few subtle changes.
Attacking Rule 137 Sanctions Motions as Pleadings By Andrew R. Schwartz and Thomas J. Kanyock April 2010 Article, Page 196 Is a Rule 137 motion for sanctions a "pleading" that can be attacked as such under Illinois law? The authors argue yes.
Attorney Fees in Domestic Relations Cases:
The 2009 Amendments to "Leveling of the Playing Field" By the Attorney Fees Committee of the ISBA Family Law Section Council March 2010 Article, Page 136 Learn about important changes to the attorney fee provisions of the Illinois Marriage and Dissolution of Marriage Act.
Attorney for the Trust: Does Attorney-Client Privilege Belong to the Trustee or the Beneficiary? By Tina N. Babel October 2010 Article, Page 524 Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.
Averett a win for prosecutors By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.
Avoiding Withdrawal Pains By Helen W. Gunnarsson May 2010 Article, Page 240 You've had enough of the Client from Hell and you need to withdraw from the representation. The good news - you almost certainly can. Just make sure you do it properly.
Back to the Future: Estate Planning for 2010 and Beyond By Katarinna McBride November 2010 Column, Page 590 Estate planners look for ways to use this year's expiration of the estate tax to clients' advantage.
Bankruptcy lawyers are "debt relief agencies," high court rules By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 As such, they may not advise clients to incur additional debt and must label themselves "debt relief agencies" in ads.