Publications

Illinois Bar Journal
Articles From 2011

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The Power of Pre-Suit Discovery: Supreme Court Rule 224 By Timothy J. Harris March 2011 Article, Page 136 Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.
Process servers may be refused entry into correctional institutions and jails. PA 096-1451 March 2011 Illinois Law Update, Page 124 Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.
Property owners can seek tax reimbursement for annexed properties. PA 096-1351 January 2011 Illinois Law Update, Page 16 Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.
Proposed Medicaid eligibility regs for long-term care recipients draw criticism By Helen W. Gunnarsson April 2011 Lawpulse, Page 174 Lawyers raise concerns about proposed regulations that they say will not help older clients and their families.
Prospective jurors who are excused because of a permanent disability may never serve as a juror. PA 097-0436. November 2011 Illinois Law Update, Page 556 The Jury Act and the Jury Commission Act have been amended to prohibit persons who have been excused from jury duty due to a total and permanent disability from ever serving as a juror again. (705 ILCS 305/10.4, 10.5 new).
Public employee benefits protected during furlough. PA 096-1535 June 2011 Illinois Law Update, Page 286 The Illinois Pension Code has been amended to enable public workers to establish creditable service and earn credits in the public employee retirement system during furloughs.
Punitive damage claims do not survive the death of nursing home residents By Helen W. Gunnarsson May 2011 Lawpulse, Page 222 Because the Nursing Home Care Act does not provide otherwise, punitive damage claims die along with the resident, the Illinois Supreme Court rules.
QR and the Illinois Bar By John G. Locallo August 2011 Column, Page 380 What QR codes are and how to use them to promote your practice.
The Real Heroes of Member Service By Mark D. Hassakis May 2011 Column, Page 220 The ISBA works because we - all of us - make it work.
Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308. November 2011 Illinois Law Update, Page 556 Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).
Recent Business Legislation and Trends: the Secretary of State's Perspective By Michelle Nijm and Terrence J. McConville March 2011 Column, Page 158 Among other changes, corporate filings now need only be made with the SOS, not with counties.
Registration of vehicles used in gunrunning may be suspended. PA 097-0540. November 2011 Illinois Law Update, Page 556 Illinois lawmakers have amended the Illinois Vehicle Code to address the registration status of vehicles used in gunrunning violations (625 ILCS 5/3-704).
Regulations adopted to implement Small Business Job Creation Tax Credit Act March 2011 Illinois Law Update, Page 124 The Department of Commerce and Economic Opportunity recently adopted regulations necessary to successfully implement the Small Business Job Creation Tax Credit Act. 35 ILCS 25/5 and 15.
Regulations amended for relocation towing contractors February 2011 Illinois Law Update, Page 72 The Illinois Commerce Commission recently amended regulations governing contractors engaged in relocation towing of vehicles.
Regulations tightened for demolishing buildings containing hazardous air pollutants. PA 096-1536 June 2011 Illinois Law Update, Page 286 Illinois lawmakers have amended the Counties Code, Illinois Municipal Code, and the State Mandates Act to better regulate the demolition and renovation of buildings containing hazardous air pollutants such as asbestos. 55 ILCS 5/5-1063.5; 65 ILCS 5/11-39-2.5; 30 ILCS 805/8.35.
Relation-back doctrine not limited by dramshop act's statute of limitations December 2011 Illinois Law Update, Page 610 A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.
Remedies for Abusive Debt Collection: An Illinois Lawyer's Guide By Jeremy A. Gogel July 2011 Article, Page 358 An overview of penalties available under federal and state law for abusive collection techniques.
Representing Students and Parents in School Residency Challenges By Matt Keenan and Eleonora di Liscia January 2011 Article, Page 40 With public schools under increasing financial pressure, legitimate district residents are sometimes presented with a tuition bill. Here's what to do when it happens to your client.
Restrictions imposed on municipality or county-enacted automated traffic law ordinances. PA 096-1016 February 2011 Illinois Law Update, Page 72 The Illinois Vehicle Code has been amended to impose rules governing automated traffic law ordinances enacted by municipalities or counties. 625 ILCS 5/11-208.
Restrictions placed on the display of state PSA's and advertisements. PA 097-0013 August 2011 Illinois Law Update, Page 388 An amendment has been made to the State Officials and Employees Ethics Act regarding public service announcements and promotional material. 5 ILCS 430/5-20.
Retaliatory-discharge claim against town not time-barred by Tort Immunity Act October 2011 Illinois Law Update, Page 496 On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
The Right of Publicity in Illinois By John M. Touhy and Lauren R. Noll March 2011 Article, Page 148 Illinois's right of publicity lets people limit the appropriation of their likeness, a power restricted by the First Amendment. Where to draw the line? Here's what courts are doing.
Rules for non-highway vehicles used for farming purposes amended. PA 096-1434. July 2011 Illinois Law Update, Page 336 The Illinois Vehicle Code has been amended to modify restrictions for non-highway vehicles (625 ILCS 5/11-1426.1).
Safe driver renewal program rules codified January 2011 Illinois Law Update, Page 16 The Secretary of State (Secretary) recently adopted a new section as part of the Issuance of Licenses regulations in the Illinois Administrative Code. The new section governs the issuance of renewal licenses to Illinois residents eligible for safe driver renewal.
School districts may charge up to $250 for driver education courses. PA 097-0145 October 2011 Illinois Law Update, Page 496 The Illinois School Code has been amended to allow school districts to increase driver education course fees to an amount not exceeding $250. (105 ILCS 5/27-24.2).
School districts must provide criminal record information upon request. PA 097-0248 October 2011 Illinois Law Update, Page 496 Illinois lawmakers have amended the School Code to require school districts to provide certain criminal record check results and Statewide Sex Offender Database check results that it obtained within the past year upon request. (105 ILCS 5/10-21.9, 5/34-18.5)
School social workers must learn how to detect and prevent adolescent and teen suicide. PA 096-0951. July 2011 Illinois Law Update, Page 336 The School Code has been amended to require school social workers who work with 7th through 12th graders to receive training for the detection and intervention of student suicide (105 ILCS 5/34-18.7).
Schools may suspend or expel students for gross disobedience or misconduct committed online. PA 097-0340. November 2011 Illinois Law Update, Page 556 Illinois lawmakers have amended the School Code to enable school boards to suspend or expel students for committing gross disobedience or misconduct using electronic means. (105 ILCS 5/10-22.6).
Selling Out By Helen W. Gunnarsson January 2011 Article, Page 20 The 2010 update of Illinois' ethics rules make it easier to sell a law practice. But what about practical issues like valuation and transition planning? Seasoned solos offer advice.
Service by publication insufficient for eminent domain proceeding August 2011 Illinois Law Update, Page 388 Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.