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Illinois Bar Journal

 

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Articles on Law Pulse

Still no eavesdropping law in Illinois By Janan Hanna July 2014 LawPulse, Page 314 The Senate passed an eavesdropping bill before the spring session ended, but the House failed to agree.
Condo unit owners can’t withhold payment By Janan Hanna June 2014 LawPulse, Page 266 Condo unit owners may not withhold assessments even if the condo association fails to make repairs and perform maintenance, a divided Illinois Supreme Court rules.
Juvenile Justice, Part I: Automatic expungement of juvenile records By Janan Hanna June 2014 LawPulse, Page 266 Proposed legislation would require the state police to expunge arrest records when juveniles turn 18 if they were never charged and have no recent arrests.
Juvenile Justice, Part II: An end to automatic transfers to adult court? By Janan Hanna June 2014 LawPulse, Page 266 A legislative proposal would stop the automatic transfer of juveniles to adult court, requiring that judges determine whether the transfer is appropriate.
Unionized college football - is a Wildcat strike on the way? By Janan Hanna June 2014 LawPulse, Page 266 What might the NLRB ruling in favor of Northwestern football players seeking to unionize mean for the players - and for collegiate sports? Lawyers for labor and management opine.
Bill would let nonlawyers represent taxpayers in county tax appeals By Janan Hanna May 2014 LawPulse, Page 214 A now-dormant legislative proposal would authorize nonlawyers to represent taxpayers in county tax appeals. The ISBA is leading the fight against it.
Good Samaritan Act doesn’t shield on-duty emergency doctors By Janan Hanna May 2014 LawPulse, Page 214 A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.
Lawyer sues after his YouTube post of client leads to suspension By Janan Hanna May 2014 LawPulse, Page 214 A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.
What next for eavesdropping law in Illinois? By Janan Hanna May 2014 LawPulse, Page 214 The Illinois Supreme Court struck down the law that criminalized recording of conversations without all parties' consent. What will replace it, and when?
Divorce Corp misses the mark, lawyers say By Janan Hanna April 2014 LawPulse, Page 162 An angry documentary misrepresents the family court system and the judges, lawyers, and others who work there, ISBA family law practitioners say.
Family law rewrite still brewing in the General Assembly By Janan Hanna April 2014 LawPulse, Page 162 A proposed 300-page overhaul of Illinois' decades-old marriage and divorce act remains alive in the legislature and continues to evolve in response to stakeholders' concerns.
A more user-friendly statutory POA for health care By Janan Hanna April 2014 LawPulse, Page 162 Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment.
Police can search handcuffed arrestee’s luggage, high court rules By Janan Hanna April 2014 LawPulse, Page 162 The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.
Bill would allow restricted driving permits after four DUI convictions By Janan Hanna March 2014 LawPulse, Page 114 The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.
The last word on People v Elliott is ‘rescind’ By Janan Hanna March 2014 LawPulse, Page 114 A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."
Reformers: trace law unfairly punishes drug users who are not DUI By Janan Hanna March 2014 LawPulse, Page 114 Proponents are championing legislation to eliminate harsh penalties for drivers who had traces of illegal drugs in their system but were not driving while impaired.
Revestment doctrine exists but rarely applies, high court rules By Janan Hanna March 2014 LawPulse, Page 114 The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.
High court: ‘sole insured’ can’t be excluded from vehicle liability coverage By Janan Hanna February 2014 LawPulse, Page 62 The Illinois Supreme Court ruled recently that it violates public policy for an auto insurer to exclude from coverage the owner of the vehicle who is also the only named insured.
IBF, law schools team up to fund public-interest jobs for new grads By Janan Hanna February 2014 LawPulse, Page 62 The Illinois Bar Foundation will share costs with three Illinois law schools of hiring a recent graduate to work in each school's legal aid clinic.
IRS removes tax break for some employer health-care reimbursement schemes By Janan Hanna February 2014 LawPulse, Page 62 In years past, employers who don't offer medical plans to employees got a tax advantage for reimbursing some of their medical expenses. The IRS has greatly restricted that tax break.
Some Supreme Court Rule 138 privacy provisions delayed until 2015 By Janan Hanna February 2014 LawPulse, Page 62 Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.
Dramshop: Strict damage caps for the Illinois Insurance Guarantee Fund By Adam W. Lasker January 2014 LawPulse, Page 10 Supreme Court resolves a split in appellate decisions to strictly cap the fund's liability, despite a harsh result for the parents in Rogers.
ISBA dramatically expands free CLE program choices for members By Adam W. Lasker January 2014 LawPulse, Page 10 Beginning in 2014, ISBA's entire online CLE catalog will be available to members at no charge, expanding the freely available programming from 35 to 550 hours.
Supreme court ends sales-tax-avoidance practice By Adam W. Lasker January 2014 LawPulse, Page 10 The court's ruling means companies can't set up a remote "sales" office and thereby avoid local taxes - but that the company in this case doesn't owe a $23 million tax bill.
Supreme court requires strict compliance for garnishment notices By Adam W. Lasker January 2014 LawPulse, Page 10 Serving a withholding notice on a child-support obligor's employer? Make sure to include the required information (think social security number) or the employer won't be forced to comply.
Aldermen’s texts, tweets during council meetings are ‘public records’ By Adam W. Lasker December 2013 LawPulse, Page 606 Put your phone down as soon as the meeting starts, a lawyer for local officials counsels his clients in the wake of City of Champaign v. Lisa Madigan.
Ethics opinion: Non-Illinois lawyers may practice immigration law in state By Adam W. Lasker December 2013 LawPulse, Page 606 New ISBA ethics opinions say non-Illinois lawyers can practice immigration law in the state, a lawyer can't be a municipality's prosecutor and hearing officer at the same time, and more.
The high court bars a suit filed against dead defendant By Adam W. Lasker December 2013 LawPulse, Page 606 After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.
The Illinois Supreme Court nixes the Amazon tax By Adam W. Lasker December 2013 LawPulse, Page 606 The supreme court invalidated an Illinois law requiring out-of-state retailers to pay Illinois use tax on Internet-based sales, ruling that it was preempted by the federal Internet Tax Freedom Act.
Same-sex marriage comes to Illinois By Adam W. Lasker December 2013 LawPulse, Page 606 At presstime, Governor Quinn was poised to sign the Religious Freedom and Marriage Fairness Act into law.