Publications

Articles on Law Pulse

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.

Defense attorneys challenge gun-possession convictions after high court ruling

By Adam W. Lasker
November
2013
LawPulse
Page 554
In Aguilar, the Illinois Supreme Court overturned a law prohibiting gun possession outside the home. Criminal-defense attorneys are seeking to undo convictions based on the statute.

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