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Illinois Bar Journal
Articles From 2010

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Business Lawyers and the New Ethics Rules By Markus May October 2010 Column, Page 540 It's now easier to represent multiple clients, and to practice in Illinois if you're from out of state.
Can you cite to unpublished opinions? By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 In Illinois state court, no. In Illinois-based federal district courts, yes.
Can you stay a federal appellate court ruling while your petition for cert is pending? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted. You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine By Travis J. Quick June 2010 Article, Page 318 Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.
Change in licensing requirements for low-level radioactive waste disposal facilities November 2010 Illinois Law Update, Page 564 The Illinois Emergency Management Agency recently amended the requirements governing low-level radioactive waste disposal facilities in Illinois. 32 Ill Adm Code 601 et seq. 
Changes in forms of property tax payment. PA 096-1250 October 2010 Illinois Law Update, Page 508 The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).
A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c) May 2010 Illinois Law Update, Page 236 On February 25, 2010, the Appellate Court of Illinois, First District, affirmed in part and vacated in part the decision of the Circuit Court of Cook County, which ruled that an hourly fee of $66.95 for a deposition was reasonable for a chiropractor and entered a contempt order against the chiropractor for refusing to comply with the court's discovery order.
“Cite,” not “cite to” August 2010 Column, Page 390 See comments from our readers.
Civil penalties heightened for destroying crops. PA 096-0529 February 2010 Illinois Law Update, Page 72 Illinois lawmakers in recent months beefed up the civil penalties for destroying a farmer's crops. Under amendments to the Criminal Code of 1961, any person who knowingly damages another's crops is liable to the crop owner for money damages "up to twice the market value of the crops damaged or destroyed." 720 ILCS 5/21-1.  
Clarifications made to the contact sports exception to negligence claims March 2010 Illinois Law Update, Page 128 On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
Clearer Guidance for Estate Planning Lawyers By Katarinna McBride and Graham B. Schmidt August 2010 Column, Page 433 What about clients with diminished capacity? Confidentiality and prospective clients? Here's a look.
Codifying Illinois’s rules of evidence By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A supreme court committee's proposed organizational scheme, fashioned after the Federal Rules of Evidence, would pull together Illinois' widely scattered evidence rules.
Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records. January 2010 Illinois Law Update, Page 16 On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 
Collecting on a federal-court judgment By Helen W. Gunnarsson February 2010 Lawpulse, Page 66 Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.
Colorectal cancer screening and treatment pilot program approved. PA 096-0325 February 2010 Illinois Law Update, Page 72 Colorectal cancer results in the death of nearly three thousand Illinoisans each year. It is the third most frequently diagnosed form of cancer in the state of Illinois. 
Committee charged with helping improve Illinois’ mental health courts By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The supreme court has asked the committee to make recommendations for better information sharing, training for judges, and other improvements.
The common-fund doctrine applies to hospital liens May 2010 Illinois Law Update, Page 236 On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.
Compensation for Family Caregivers By Margot Gordon May 2010 Article, Page 256 Custodial claims enable family members who cared for a now-deceased relative to be compensated for their years of unpaid or underpaid caregiving. Here's how it works.
Conduct that qualifies as insulting or provoking contact defined March 2010 Illinois Law Update, Page 128 On December 23, 2009, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Du Page County, which convicted the defendant of battery for insulting or provoking the complainant by touching her with his knees in a dispute in an office smoking lounge.
Confessions of an Illinois Judgment By Michael G. Cortina November 2010 Article, Page 578 As more loans go bad, banks looking to collect from defaulting borrowers are turning to judgments by confession. Here's how they work.
A Contractor’s Legal Guide to the American Recovery and Reinvestment Act By Louis J. Gale September 2010 Article, Page 472 A look at the provisions contractors and their lawyers need to be aware of as they consider taking on ARRA-funded projects.
Controlling Case Expenses: Lawyers’ Duty to Clients By Robert L. Fogel, Michael S. Young, and Katie M. King May 2010 Article, Page 244 A look at the trial lawyer's fiduciary and ethical responsibility to disclose, monitor, and control reimbursable case expenses incurred on behalf of clients.
“Conversation” for the Eavesdropping Act includes teaching February 2010 Illinois Law Update, Page 72 On December 8, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Stephenson County, finding that the defendant's proposed policy of operating audio-recording equipment in special-education classrooms violated section 14-2(a)(1) of the Illinois Criminal Code (hereinafter the Illinois Eavesdropping Act or Act).
Counties empowered to create consolidated drug courts.PA 096-0776 January 2010 Illinois Law Update, Page 16 Illinois lawmakers recently amended the Drug Court Treatment Act to allow counties in the same judicial district to form a single drug court.
Court okays $20 handling fee for medical records By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).
Court Supervision after Padilla v Kentucky By Gary J. Ravitz July 2010 Article, Page 362 Lawyers who misinform clients about supervision could be in for trouble, especially when deportation is at stake.
Court: Prevailing Wage Act does not apply to the TIF-financed pricate contractor By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 Supporters of the fourth-district decision say it, along with new legislation, will encourage private development and spur growth.
Criminal Lawyers and the New Ethics Rules By Randall Rosenbaum June 2010 Column, Page 326 Now lawyers must keep "information" (not just "secrets") confidential.
Cross reporting encouraged between Animal Control and the Department of Children and Family Services. PA 096-0494 May 2010 Illinois Law Update, Page 236 Illinois lawmakers amended multiple Acts with the aim of facilitating cross-reporting between those charged with investigating possible animal and child abuse and neglect violations.
Cwik: state need not pay interest on unclaimed property By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The Illinois Supreme Court rules that the state can divest neglectful owners of interest earned on their property while it's in state custody for safekeeping.