Publications

Articles on Law Pulse

DUI changes effective June 1

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.

Fraudulent misrepresentation tort limited to business

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.

Home Repair and Remodeling Act: unfair to contractors?

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
A newsletter author argues that the Act is unfair to contractors and that the recent supreme court case interpreting it defeats its purpose.

Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
The state can go after the at-home spouse to recover the institutionalized spouse's nursing home expenses, the Illinois Supreme Court rules.

No wrongful death action for abortion to protect mother’s health

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.

Clients behaving badly

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
When a client or witness spins out of control during a hearing or deposition, is doing nothing a safe route?

The conscience of a lawyer, Part II

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
The public and the legal community continue to wrestle with the alton logan case. But the legal ethicists we spoke to defend andrew Wilson's lawyers and the choice they made.

Is a motion a pleading?

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
No, answers a chicago lawyer, and because of that a motion attacking another motion is improper.

Prosecutors on prosecutroial discretion

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
Two state's attorneys from opposite ends of illinois discuss their philosophies about deciding whether, and if so how, to prosecute a case. 

Where there are two wills, is there a way?

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
What should a lawyer do with earlier wills that have been revoked by a later one?

Cashing in on home sweet home

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.

Felzak and Ligon: an answer to judicial overactivism?

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
What if a judge surprises you by entering an order on a substantive matter at what was supposed to be a mere status hearing? Some lawyers apprise the court of two appellate cases.

Hudson, voluntary dismissal, and res judicata

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
Before you voluntarily dismiss after any decision on the merits, read the Illinois Supreme Court's recent Hudson ruling.

The Lawyer of Love

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
Chicago divorce lawyer Corri Fetman offers advice in - and poses for - Playboy.

Retooling the relation-back doctrine

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original. 

Child support obligation survives termination of parental rights

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
Must a father whose parental rights have been terminated still pay child support? The supreme court says "yes" in IDHFS v Warner.

The conscience of a lawyer

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
Your client admits he committed murder. What should you do? What can you do? For two Illinois lawyers, these aren't hypothetical questions.

Federal wiretapping evidence admissible though barred by state law

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
Evidence gathered in a joint federal-state investigation is admissible in state court if it complies with federal, though not state, eavesdropping law.

A solo’s advice on going solo

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
 A young sole practitioner's take on the perils and pleasures of hanging out your shingle.

Supremes limit trusts ability to subtract investment-advice costs

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
The U.S. Supreme Court holds that trusts are subject to a two-percent floor for subtracting investment advisory fees from their taxable income.

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

Are e-mail disclaimers really necessary?

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
They really are, some lawyers say. In fact, you should put them at the beginning, not the end, of your messages, other lawyers say.

No psych-record access for “garden variety” employee emotional distress claims

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.

The perils for employers of hiring private investigators

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.

Tax sales: the court helps taxpayers who help themselves

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
 Here's how not to win compensation after losing your house for failure to pay taxes.

Contacting, deposing employees of opposing parties: a how-to

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.

Court upholds $1 million penalty arising out of $12,000 support debt

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.

Custody conundrum

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?

Illinois Supreme Court oral arguments go online

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
The court is making video and audio of oral arguments available on the Web. 

Supreme court upholds parent’s refusal to allow grandparent visitation

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
A grandmother failed to show that denying her visitation was harmful to her grandchild’s physical, mental, or emotional health.

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