Practice News

As most ISBA members know, the estate tax disappeared (poof!) at the stroke of midnight on January 1, 2010. If you're rich, it's a great time to die. But just because there's no tax at the moment doesn't mean clients can get by without a lawyer's learned counsel. As Jodie E. Distler Hanzlik explains in the latest ISBA Trusts and Estates newsletter, there's more to estate planning than tax avoidance. Such as? Such as planning for incapacity. And probate avoidance. And deciding what happens to the kids.  And lots more, as Jodie expertly describes. Read her article here. Make sure you get more articles like it by joining the Trusts and Estates section here.

Fastcase Tips: Make Your Own Annotations on Fastcase Annotated statute products are great for statute research – especially for providing lists of cases that cite a particular code section.  But did you know that you can make your own annotations on Fastcase? To SEARCH for cases that cite a particular statute:

1. Enter the statute citation in quotes in the Advanced Case Law Search box.   Or, enter the statute citation with keywords that discuss your issue:  “720 ILCS 125/2” or “720 ILCS 125/2” AND specific intent
2. Choose Boolean Phrase as your Search Type.
3. Select the appropriate jurisdictions for your statute under Select Jurisdiction.
4. Click Search.

The Illinois Supreme Court today ruled that imprisoned ex-Gov. George Ryan should not receive any of his state pension because of his conviction on corruption charges. Here's the Court's summary opinion: No. 108184     Ryan v. Board of Trustees Appellate citation: 388 Ill. App. 3d 161. JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Kilbride, Garman, and Karmeier concurred in the judgment and opinion. Justice Burke dissented, with opinion. In 2006, former Governor George H. Ryan was convicted of multiple federal felonies committed, between 1990 and 2002, as Secretary of State and as Governor. After his convictions, the Illinois State Retirement System notified him that his pension benefits from the General Assembly Retirement System were being statutorily suspended. Ryan had been a member of this system since 1972, when he joined the General Assembly, and continued in it through his holding of the offices of Lieutenant Governor, Secretary of State and Governor. However, his service in the General Assembly and as Lieutenant Governor did not give rise to any felony convictions and, Ryan asserted, he was entitled to benefits based on those earlier years of service. The administrative termination of benefits was upheld by the circuit court of Cook County, but the appellate court reversed in February 2009. In this decision, the Illinois Supreme Court held that Ryan had forfeited all of the benefits he earned from the General Assembly Retirement System, regardless of the fact that he had not been convicted of any felonies in connection with his years in the General Assembly or as Lieutenant Governor.

A recent first district case, Glass v. Dot Transportation, makes ruling on forum non motions easier by drawing some bright lines to guide the decision, report Judge Dan Gillespie and law student intern Matthew Friedlander in the latest issue of Trial Briefs. First, they write, Glass makes clear that "filing suit in the county of plaintiff’s residence should rarely be disturbed [when that county] bears a substantial relation to the litigation."  And the case also "firmly reinforces the notion that plaintiff’s choice of forum will almost never be disturbed if he or she chooses to bring suit in the county where the cause of action arose." Read their analysis here. Subscribe to Trial Briefs by joining the ISBA Civil Practice Section here.