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Illinois Bar Journal
Articles From 2011

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Correspondence from Our Readers September 2011 Column, Page 430 And while you're figuring out Twitter…; Highest objective of legal education is preparing "educated citizens."
Correspondence from Our Readers July 2011 Column, Page 326 Righties and lefties; let jurors ask questions.
Correspondence from Our Readers June 2011 Column, Page 274 Oral arguments, common fund doctrine, civil unions, and more.
Correspondence from Our Readers May 2011 Column, Page 218 Death of oral argument; the way to the courthouse; being in the moment.
Correspondence from Our Readers January 2011 Column, Page 6 Another approach to judicial selection
Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248 January 2011 Illinois Law Update, Page 16 Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).
Court affirms award of attorney’s fees in dissolution of marriage case October 2011 Illinois Law Update, Page 496 The court found that, despite Petitioner Kristina Baniak's claims, the lower court had subject matter jurisdiction to hear the case regarding attorney's fees and that Baniak had waived all other issues raised in her appeal.
Court exercises jurisdiction over Canadian automobile assembler September 2011 Illinois Law Update, Page 440 An Illinois court affirmed a decision denying Chrysler Canada, Inc.'s motion to dismiss for lack of personal jurisdiction because Chrysler had sufficient minimum contacts.
Court finds subject matter jurisdiction in legal malpractice suit arising out of patent infringement claim September 2011 Illinois Law Update, Page 440 An Illinois Appellate Court found that a prior court's resolution of an issue arising under federal patent law was sufficient to allow a state court to claim subject matter jurisdiction where there were no other remaining issues arising under federal patent law.
Court-ordered mental health reports not confidential under IMDMA By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Unlike those issued by treating caregivers, mental-health reports ordered by the court under the Illinois Marriage and Dissolution of Marriage Act are not confidential, the supreme court rules.
Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders By Robert D. Kreisman November 2011 Article, Page 568 Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.
A Cure for the Wandering Mind By Karen Erger April 2011 Column, Page 206 Living in the present offers rich spiritual rewards - and leads to fewer errors.
DCFS may not employ sexually dangerous persons. PA 097-0103 October 2011 Illinois Law Update, Page 496 The Children and Family Services Act has been amended to prohibit the Department of Children and Family Services from employing sexually dangerous persons.
Death penalty is abolished. PA 096-1543 May 2011 Illinois Law Update, Page 228 Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.
Defendants to be charged $5 Electronic Citation Fees. PA 096-1210 January 2011 Illinois Law Update, Page 16 Illinois lawmakers have amended the Clerks of Courts Act to require each circuit court clerk to charge and collect an electronic citation fee of $5. (705 ILCS 105/27.3e).
Defending a DUI client who said “no” to the police By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Among other techniques, use voir dire to help tell your story and underscore the defendant's constitutional right to refuse testing and other requests. Defending a DUI case? West suburban lawyer Donald J. Ramsell provides practical tips for defending DUI refusals in jury trial cases in the March 2011 issue of ISBA's Traffic Laws and Courts section newsletter.
Definition broadened for “maintaining a place of business” in Illinois. PA 096-1544 June 2011 Illinois Law Update, Page 286 The Use Tax Act and Service Use Tax Act have been amended to broaden the definition of a "retailer" or "serviceman" who is "maintaining a place of business in this state." 35 ILCS 105/2; 35 ILCS 110/2.
The Demise of the General Willful and Wanton Exception to the Tort Immunity Act By Michael D. Bersani July 2011 Article, Page 348 In Ries v City of Chicago, the Illinois Supreme Court held that willful and wanton conduct does not create a general exception to the Tort Immunity Act's blanket immunities.
Dental home initiative for children covered by All Kids. PA 097-0283 October 2011 Illinois Law Update, Page 496 The Children's Health Insurance Program Act, Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code have been amended to require the Department of Health and Human Services to work with the dental community and other organizations to develop a dental home for children covered under the Acts. (215 ILCS 106/65 new; 215 ILCS 170/54 new; 305 ILCS 5/5-5.06 new).
Distressed Homeowners Need Lawyers, Not Legislation By Steven B. Bashaw and Joseph R. Fortunato January 2011 Column, Page 44 Those faced with foreclosure need legal advice, not more legislation.
A Divorce Lawyer’s Guide to the Illinois Fraudulent Transfer Act By Andrew R. Schwartz, Thomas J. Kanyock, and Karen Jeffreys September 2011 Article, Page 462 Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.
Does Your Law Firm Need a Virtual Reality? By Peter R. Olson October 2011 Article, Page 516 Is it time to move your practice online? Internet-based legal software innovations offer practitioners ways to cut costs while expanding their potential client base.
Doing Well and Doing Good: Low-Profit Limited Liability Companies By Bradford E. Block June 2011 Article, Page 310 Low-profit LLCs - "L3Cs" - can attract investment that conventional nonprofits cannot, and Illinois is one of the few states that allow them. Here's how they work.
Domestic Violence Fund extended to civil unions. PA 097-0004 August 2011 Illinois Law Update, Page 388 The State Finance Act has been amended to extend the Domestic Violence Fund to persons entered into civil unions. 30 ILCS 105/6z-72.
Don’t be an oddsmaker By Helen W. Gunnarsson August 2011 Lawpulse, Page 382 It's a bad idea - maybe even an ethics no-no - to tell clients what you think their chances of winning are, an ISBA lawyer opines.
Don’ts for Divorcing Parents By H. Joseph Gitlin April 2011 Column, Page 210 Lawyers should help clients keep children beyond the fray.
Downsizing Shareholders’ Fiduciary Duties By Lin Hanson June 2011 Column, Page 314 The fiduciary obligations of corporate shareholders get a trim.
Drivers can avoid license suspension for traffic violations by beginning payment plans. PA 096-1184 June 2011 Illinois Law Update, Page 286 Illinois lawmakers have amended the Illinois Vehicle Code to authorize the Secretary of State to reinstate the driver's license of a person whose license was suspended for failure to pay traffic-related fines or penalties if the person enters into a payment plan with a municipality.
Drivers must fasten safety belts for passengers unable to do it themselves. PA 096-0991 April 2011 Illinois Law Update, Page 180 Illinois lawmakers amended the Illinois Vehicle Code to require vehicle drivers to properly adjust and fasten seat safety belts for passengers who are unable to do it themselves. (625 ILCS 5/12-603.1).
DUI Will Travel: When Drunk Driving Crosses State Lines By Theodore J. Harvatin August 2011 Article, Page 406 What happens when an Illinoisan receives a DUI in another state or an out-of-stater is charged in Illinois? Here are the basics.