Articles From 2013
Browse articles by year: 2013 (307)
Parental Notice of Abortion Act withstands challenge under Illinois Constitution
Illinois Law Update, Page 452
On July 11, 2013, the Illinois Supreme Court held (1) the privacy clause is not the basis for the right to abortion under the Illinois Constitution; (2) the due process clause in the Illinois Constitution guarantees protections equal to those guaranteed by the due process clause in the United States Constitution; and (3) the statutory requirement that minors must give notice to an adult family member or obtain a judicial waiver to receive an abortion is not unduly burdensome on that minor's right to have confidential medical information.
The Perils of Unpaid Internships
Article, Page 626
As courts grapple with whether unpaid internships violate minimum wage laws, businesses - including law firms - should review their programs.
Presumption of vesting of health benefits under collective bargaining agreement
Illinois Law Update, Page 336
On May 2, 2013, the Illinois Appellate Court, Third District, held that a city's decision to reduce retired employees' health benefits promised under a collective bargaining agreement should be analyzed as a matter of contract, subject to a presumption in favor of the vesting of these benefits.
A Primer on Medical Records as Evidence
Article, Page 82
Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.
Public searchable databases of those who ignore toll liabilities
Illinois Law Update, Page 560
Section 10 of the Toll Highway Act has been amended to allow for the Tollway Authority to keep records or searchable databases on their website of individuals or entities who have been issued one or more final orders of liability and owe more than $1,000 in tolls, fines, unpaid late fees, or other administrative costs. 605 ILCS 10/10.
Pursuing Claims for Grief Under the Wrongful Death Act
Article, Page 34
Thanks to a 2007 statutory change, juries are permitted to consider grief, sorrow, and mental suffering in wrongful death cases. Here's advice for trial lawyers about how to approach this relatively untested element of wrongful-death damages.
The Race for Relevancy
Column, Page 328
ISBA is taking steps to increase its value to Illinois lawyers.
Rainmaking in Dry Times
Article, Page 288
How do you attract new clients and retain existing ones in this economy? Consultants and Illinois lawyers offer battle-tested tips.
Reaching Out to Generation Next
Article, Page 400
Young lawyers have different needs than their more senior colleagues. New President Paula Holderman wants to make sure the ISBA speaks their language.
Record-retention, other amendments to the State Records Act
Illinois Law Update, Page 452
The Illinois Secretary of State (the "Secretary") recently adopted amendments to regulations that will implement changes governing the management and retention of records, deleting outdated references, and implementing new guidelines and regulations regarding management of technologies not contemplated in the earlier version of the rule. 44 Ill. Adm. Code 4400.