Illinois Bar Journal

Articles on Law Pulse

NIU law school lowers out-of-state tuition to in-state rate

By Matthew Hector
April
2018
LawPulse
Page 10
The Northern Illinois University College of Law hopes the move will result in a more diverse and competitive applicant pool.

Appellate court overturns provision authorizing warrantless blood draws

By Matthew Hector
March
2018
LawPulse
Page 18
The Illinois Appellate Court overturned a statutory provision allowing warrantless forced blood draws of any driver who causes death or injury, mandating a case-by-case analysis instead.

A colleague is neglecting clients - what should you do?

By Matthew Hector
March
2018
LawPulse
Page 18
If a fellow lawyer is neglecting files frequently and in a way that materially harms clients, you might have a duty to report it.

Decades-old maintenance deduction eliminated by new tax law

By Matthew Hector
March
2018
LawPulse
Page 18
Beginning in 2019, payors will no longer be able to deduct maintenance payments from their federal taxes.

Please take that IRS Circular 230 disclaimer off your email footer

By Matthew Hector
March
2018
LawPulse
Page 18
Since 2014 the IRS has been asking lawyers to remove the footer, which is no longer accurate. Yet it still circulates widely in email signatures.

Chicago Park District not liable for bike accident on Lakefront Trail

By Matthew Hector
February
2018
LawPulse
Page 12
The Illinois Supreme Court ruled that a bicyclist who fell because of a crack in Chicago's Lakefront Trail had not shown the park district was guilty of willful and wanton conduct.

Cook County gets an e-filing extension

By Matthew Hector
February
2018
LawPulse
Page 12
A number of counties asked for more time to transition to statewide mandatory e-filing. The supreme court granted some but not all requests and attached conditions to the reprieves.

Court: Suit based solely on technical violations of biometric privacy law can’t go forward

By Matthew Hector
February
2018
LawPulse
Page 12
The second district rules that plaintiffs can't sue for being fingerprinted without disclosures or consent unless they allege some harm beyond those technical violations of the act.

Illinois high court finds for hospital in apparent-agency case

By Matthew Hector
February
2018
LawPulse
Page 12
The court declined to hold a hospital vicariously liable under the apparent-agency doctrine for "the acts of…an unrelated, independent clinic" not a party to the lawsuit.

Illinois high court addresses conflicts and the PD’s office, DUI blood draws

By Matthew Hector
January
2018
LawPulse
Page 12
The Illinois Supreme Court rules that 1) a hospital blood draw does not violate the Fourth Amendment without evidence it was ordered by the police, and 2) it's not a conflict for the public defender to represent multiple codefendants.

Indecent exposure

By Matthew Hector
January
2018
LawPulse
Page 12
A group of Cook County public defenders is suing the sheriff and others in an effort to stop inmates from aggressively exposing themselves at the Cook County Jail.

John Marshall and UIC discuss merger

By Matthew Hector
January
2018
LawPulse
Page 12
The John Marshall Law School and the University of Illinois at Chicago are discussing a merger that would create the first public law school in the city.

Justice never sleeps - but what if the judge does?

By Matthew Hector
January
2018
LawPulse
Page 12
What should a lawyer do when a judge falls asleep during trial?

Cannabis ambivalence

By Matthew Hector
April
2016
LawPulse
Page 12
Medical cannabis users who are parents of minors may discover that the law exposes them to DCFS scrutiny, just one way cannabis users may be treated as "second-class patients."

Fourth district ruling overturns statute granting hospital tax exemption

By Matthew Hector
April
2016
LawPulse
Page 12
After the Provena court overturned the property-tax exemption for hospitals, the legislature passed a fix. Now the Illinois Appellate Court has overturned that statute.

New ‘accountability court’ helps child-support obligors keep up payments

By Matthew Hector
April
2016
LawPulse
Page 12
Madison County has launched the first problem-solving court in Illinois devoted to helping parents find ways to pay child support.

Anonymous online posting saga continues

By Matthew Hector
October
2015
LawPulse
Page 12
Comcast finally reveals the subscriber - a lawyer - whose account was used to post allegedly defamatory remarks about a Stephenson County official. The defendant vows to fight on.

Groundbreaking Supreme Court opinion dooms panhandling law

By Matthew Hector
October
2015
LawPulse
Page 12
After the U.S. Supreme Court's expansion of the First Amendment, the seventh circuit invalidates Springfield's panhandling prohibition.

The looming court-reporter shortage

By Matthew Hector
October
2015
LawPulse
Page 12
Seventy-five percent of the state's licensed reporters could be eligible for retirement before the end of the decade. Will there be qualified candidates to replace them?

Requiring criminals to help fund Illinois justice - fair or foul practice?

By Matthew Hector
October
2015
LawPulse
Page 12
A recent report cast a critical eye on the widespread practice of charging "user fees" to defendants in the Illinois criminal justice system.

Gun trusts grow more popular with firearms enthusiasts

By Matthew Hector
September
2015
LawPulse
Page 12
Gun trusts, a useful but controversial estate planning tool, can enable trust users to obtain federally restricted firearms without meeting some requirements imposed on individuals.

New law makes it easier for non-Illinoisans to serve subpoenas in Illinois

By Matthew Hector
September
2015
LawPulse
Page 12
By minimizing the need to appear in front of Illinois courts, the Uniform Interstate Depositions and Discovery Act reduces the complexity and cost of litigating across state lines.

New York ban on nonlawyer ownership upheld

By Matthew Hector
September
2015
LawPulse
Page 12
A federal district judge issues a strongly worded rejection of Jacoby & Meyer's challenge to New York's rule banning nonattorney ownership of law firms.

Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence

By Matthew Hector
September
2015
LawPulse
Page 12
Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.

Custody of pre-embryos awarded to woman despite sperm donor’s objection

By Matthew Hector
August
2015
LawPulse
Page 10
An Illinois court awarded custody and control of frozen pre-embryos to the woman whose eggs were fertilized to create them.

Hadley: Author of anonymous online post must be revealed

By Matthew Hector
August
2015
LawPulse
Page 10
In Hadley, the Illinois Supreme Court rules that a defamation plaintiff who can survive a motion to dismiss can expose an anonymous online defendant.

Illinois Supreme Court: Social Security can’t be used to offset pension at divorce

By Matthew Hector
August
2015
LawPulse
Page 10
If a spouse gets a government pension instead of Social Security, can the pension be protected in a divorce settlement to offset the other spouse's Social Security? No, the Illinois Supreme Court held.

Whither domestic partner benefits in the wake of marriage equality?

By Matthew Hector
August
2015
LawPulse
Page 10
Now that all couples can marry, will companies continue to offer benefits to same-sex partners?

Bill expands requirements for disclosing data breaches

By Matthew Hector
July
2015
LawPulse
Page 12
Collectors of data will have to notify consumers and the Illinois Attorney General about a broader range of breaches if a newly passed bill becomes law.

Family law rewrite goes to the governor

By Matthew Hector
July
2015
LawPulse
Page 12
After years of effort, a major reworking of Illinois family law passes the General Assembly.

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