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Illinois Bar Journal
Articles From 2012

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1983 Photo: Mary Ann McMorrow and Odas Nicholson May 2012 Column, Page 271 From the Archives
2012 Spring Session Legislative Roundup By Jim Covington August 2012 Column, Page 408 A summary of laws passed this spring by the General Assembly.
Access to Justice Commission strives to open courts to the poor, disabled By Adam W. Lasker December 2012 Lawpulse, Page 626 The new supreme-court-appointed commission is working to improve access to the courts for people living in poverty or who have disabilities and language barriers.
Advising Family Businesses By Christine Organ July 2012 Article, Page 372 Family businesses are the backbone of today's corporate world, but lawyers who counsel them must deal with some very "noncorporate" emotional and psychological issues.
After Ervin: How Combined Actions Will Affect Wage and Hour Class Litigation in Illinois By Nicholas P. Cholis August 2012 Article, Page 430 In 2011, the seventh circuit gave employee plaintiffs a powerful weapon by holding that an FLSA collective action and a state wage and hour class action may be joined in a single action.
Agents who permit their employer to evade final judgments are treated as employer. PA 097-0903 November 2012 Illinois Law Update, Page 580 The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).
Anatomy of a Class Action Killer: Picking Off Named Plaintiffs after Barber By John A. Bruegger April 2012 Article, Page 208 The Barber court made clear that defendants can stop a class action by tendering full relief to the named plaintiffs - the so-called "pick off" maneuver. Here's a review and practice advice.
And in the End… By John G. Locallo June 2012 Column, Page 284 A one-sentence lyric from the Beatles sums up a 12-month journey at the helm of the ISBA.
Another Limit on Refiling Voluntarily Dismissed Cases By Professor Jeffrey A. Parness September 2012 Column, Page 498 The first district rules that judicial estoppel can be a bar to refiling.
Appellate court retains jurisdiction despite motion to dismiss for forum non conveniens March 2012 Illinois Law Update, Page 132 Difficulty in transporting documents, witnesses residing in Mississippi, and the fact that the alleged wrongful acts occurred in Mississippi were not enough to demonstrate an inconvenient forum under the doctrine of interstate forum non conveniens, according to the Illinois Appellate Court, Fifth District.
Appellate court upholds order debarring rejection of arbitration award and assessing attorney fees March 2012 Illinois Law Update, Page 132 The unexplained absence of a party to an arbitration made the award voidable but not void and accrued attorney fees because his attorneys had a professional obligation to be diligent in keeping track of dates and important information in relation to client matters.
Applying Other-State Law to Illinois Tort Actions By Jacob D. Sawyer December 2012 Article, Page 652 When does the law of, say, New York apply to an Illinois tort lawsuit? Find out the Illinois approach to deciding the question.
Approval of new units of instruction, research, and public service at public institutions July 2012 Illinois Law Update, Page 352 The Board of Higher Education (“the Board”) recently adopted amendments to the regulations governing public colleges and universities. 23 Ill. Adm. Code 1050.
Are statewide, standardized court forms coming to Illinois? By Adam W. Lasker December 2012 Lawpulse, Page 626 Illinois is one of only two states without court-approved standardized forms for pro se litigants and others to use. That might be about to change.
The Bar’s Role in Legal Education Reform By John E. Thies August 2012 Column, Page 396 Lawyers must have a voice in the reform discussion.
Behind the Technology Curve? The ISBA Can Help By John G. Locallo March 2012 Column, Page 124 Are you using the practice management tech tools you need? If not, the ISBA is there for you.
Beyond the Billable Hour By Helen W. Gunnarsson February 2012 Article, Page 80 More clients - and lawyers for that matter - are looking for value-based alternatives to the billable hour. The good news? They can be a win-win for attorney and client.
Bill would eliminate time limits on child-molestation prosecutions By Adam W. Lasker July 2012 Lawpulse, Page 346 A legislative proposal would remove the statute of limitation for prosecuting sex crimes against minors, but both prosecutors and criminal defense lawyers have misgivings.
Bill would require personal service for debtors By Adam W. Lasker June 2012 Lawpulse, Page 286 Pending legislation would require that debtors get personal service, not merely notice by mail, before courts begin key legal processes that could put them behind bars.
Borrowing employer’s insurer not liable to Illinois Insurance Guaranty Fund December 2012 Illinois Law Update, Page 632 On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.
A Bricoleur’s Response to Murphy’s Law By Hon. Ron Spears May 2012 Column, Page 270 "Bricolage" is the art of creating a solution using whatever is available. It's an art litigators would do well to cultivate.
Cameras Come to Illinois Courts By L. Jay Jackson November 2012 Article, Page 592 Here's a look at the pilot programs underway in state and federal court, along with a few pointers from lawyers who have conducted trials in the media spotlight.
Cameras come to Illinois trial courts By Adam W. Lasker March 2012 Lawpulse, Page 126 The high court launches a pilot program to allow cameras in four Illinois county courtrooms.
The Case for Reform of Illinois Judicial Disqualification Standards By John E. Thies September 2012 Column, Page 456 It's time we implemented commonsense, fair rules on recusal.
The “Cat’s Paw” Theory in Illinois after Staub By Alexandra Lee Newman and Yelena Shagall February 2012 Article, Page 88 In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.
Celebrating Law Day in the IBJ April 2012 Column, Page 194 A look at Law Day over the years
Changes in the tourism attraction signing program February 2012 Illinois Law Update, Page 76 The Illinois Department of Transportation recently amended the provisions of the Tourism Attraction Signing Program. 92 Ill Adm Code 543.
Changes to practice in administrative hearings and child support services September 2012 Illinois Law Update, Page 464 The Department of Healthcare and Family Services ("the Department") recently adopted amendments to the regulations governing the practice in administrative hearings. 89 Ill. Adm.
Changes to special waste hauling permits October 2012 Illinois Law Update, Page 520 The Illinois Pollution Control Board ("the Board") recently adopted amendments to the regulations governing special waste hauling. 35 Ill. Adm. Code 809.
Changes to the administrative requirements for underground storage tanks May 2012 Illinois Law Update, Page 240 The Office of the State Fire Marshall (OSFM) recently added a new subpart to the regulations governing underground storage tanks. 41 Ill. Admin. Code 176.600. The statutory authority for these changes is the Gasoline Storage Act (430 ILCS 15).