Publications

Articles on Law Pulse

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Interpreting federal statutes in state court: the high court speaks

By Adam W. Lasker
April
2013
LawPulse
Page 170
What happens when state and federal courts disagree about how to interpret a federal statute? The Illinois Supreme Court tackled this difficult question in a recent ruling.

Legislature considering modifications to small-estate affidavits

By Adam W. Lasker
April
2013
LawPulse
Page 170
ISBA-proposed changes would make the small-estate affidavit a more effective and easier-to-use probate avoidance device, a key proponent says.

New supreme court rules promote foreclosure mediation

By Adam W. Lasker
April
2013
LawPulse
Page 170
New consumer-friendly rules, effective May 1, are designed to make the foreclosure process more fair and reduce the backlog of cases.

SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel

By Adam W. Lasker
April
2013
LawPulse
Page 170
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.

Suit barred for plaintiffs who ‘came to the nuisance’ of fly-infested cattle farm

By Adam W. Lasker
April
2013
LawPulse
Page 170
The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.

Bill would eliminate “open-space” tax exemptions for recreational buildings

By Adam W. Lasker
March
2013
LawPulse
Page 118
Should a busy clubhouse connected to a golf course be treated as "open space" and taxed at a low rate? Proposed legislation would end the judicially-created exemption.

Despite 7CA ruling, Illinois judges not dismissing concealed-carry cases

By Adam W. Lasker
March
2013
LawPulse
Page 118
According to a lawyer monitoring such cases, local judges are unlikely to stop enforcing the ban until this summer, the state's deadline for enacting a law that passes Second Amendment muster.

High court: security officers can detain drivers, issue citations on private roads

By Adam W. Lasker
March
2013
LawPulse
Page 118
The majority says it makes no sense to allow a homeowner's association to build roads but not regulate traffic on them. Critics say the ruling raises more questions than it answers.

Supreme court makes e-service voluntary, not mandatory

By Adam W. Lasker
March
2013
LawPulse
Page 118
The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.

Apparent and actual agency not separate claims for res judicata purposes

By Adam W. Lasker
February
2013
LawPulse
Page 66
The Illinois Supreme Court ruled that res judicata does not stop plaintiffs from alleging a defendant's apparent agency after their claim alleging actual agency was dismissed.

Attorney-client privilege: no subject matter waiver in extrajudicial settings

By Adam W. Lasker
February
2013
LawPulse
Page 66
The Illinois Supreme Court holds that the doctrine of subject matter waiver cannot be used to force disclosure of privileged communications between lawyers and clients.

AVVO launches controversial lawyer bidding service

By Adam W. Lasker
February
2013
LawPulse
Page 66
AVVO.com's new online service allowing lawyers to quote fees for prospective traffic-ticket clients sends the public the wrong message, ISBA-member critics complain.

Recording police interrogations: bill would expand beyond homicide cases

By Adam W. Lasker
February
2013
LawPulse
Page 66
Illinois was among the first states to require taped interrogations in homicide cases. Now it lags behind as other states pass broader laws. Proposed legislation would put Illinois back in the front ranks, proponents say.

Chicago-Kent’s solo-attorney incubator nurtures new lawyers

By Adam W. Lasker
January
2013
LawPulse
Page 10
An innovative law school program gives a group of new admittees office space and real-world experience under the guidance of former profs.

Corporate pleadings improper - but not void - when signed by non-attorney

By Adam W. Lasker
January
2013
LawPulse
Page 10
In Downtown Disposal, the Illinois Supreme Court ruled that filings signed by a non-attorney are not null-and-void UPL and may be amended by lawyer.

Credit-card privacy case leads to the High Court

By Adam W. Lasker
January
2013
LawPulse
Page 10
A team of Chicago lawyers lost part of their high-profile federal case. But they had a Supremely memorable experience nonetheless.

Hearsay allowed in murder trial under domestic violence exception

By Adam W. Lasker
January
2013
LawPulse
Page 10
The Illinois Appellate Court ruled recently that hearsay evidence is admissible in a murder trial under a statutory exception for domestic violence prosecutions.

Lawyers and LinkedIn endorsements: proceed with caution

By Adam W. Lasker
January
2013
LawPulse
Page 10
LinkedIn members know that "endorsements" are popping up everywhere. Can you make and accept them? Yes, but mind your ethical ps and qs, an authority warns.

Access to Justice Commission strives to open courts to the poor, disabled

By Adam W. Lasker
December
2012
LawPulse
Page 626
The new supreme-court-appointed commission is working to improve access to the courts for people living in poverty or who have disabilities and language barriers.

Are statewide, standardized court forms coming to Illinois?

By Adam W. Lasker
December
2012
LawPulse
Page 626
Illinois is one of only two states without court-approved standardized forms for pro se litigants and others to use. That might be about to change.

Federal court: illegal alien’s recovery limited to foreign earning potential

By Adam W. Lasker
December
2012
LawPulse
Page 626
An undocumented alien can sue his former employer, but his recovery for future earnings is limited to what he could make outside of the U.S., an Illinois-based federal court ruled.

Governmental tort immunity for ice and snow on recreational property

By Adam W. Lasker
December
2012
LawPulse
Page 626
Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.

Illinois high court recognizes ‘intrusion upon seclusion’

By Adam W. Lasker
December
2012
LawPulse
Page 626
Lawyers who advise employers should especially take note of the intrusion tort's implications for snooping into current and former employees' private affairs.

Debate continues over controversial mechanics lien bill

By Adam W. Lasker
November
2012
LawPulse
Page 574
An attempt to legislatively overturn a recent supreme court ruling is pitting developers against bankers over whose claims have priority in foreclosure sales.

Joint parenting agreement allows mother to remove children to California

By Adam W. Lasker
November
2012
LawPulse
Page 574
The Illinois Supreme Court held that a divorced mother could remove her children to California over the ex-husband's objection because their joint parenting agreement expressly allowed it.

Railroads owe no duty of care to children who climb on moving trains

By Adam W. Lasker
November
2012
LawPulse
Page 574
The supreme court rules that moving freight trains pose an open and obvious danger to child trespassers.

Supreme court: decedent can’t use spendthrift trust to back out on gift

By Adam W. Lasker
November
2012
LawPulse
Page 574
The ruling barred a decedent from using a spendthrift trust to effectively revoke his irrevocable gift to Rush Medical Center. Leading ISBA lawyers think it's time for the legislature to clarify Illinois trust laws.

High court: unpaid property tax not a bar to running for municipal office

By Adam W. Lasker
October
2012
LawPulse
Page 514
The Illinois Supreme Court limited the reach of the candidate-qualifications statute to make it harder to remove candidates from the ballot for "indebtedness to the municipality."

Secretary of State empowered to terminate fraudulent financing statements

By Adam W. Lasker
October
2012
LawPulse
Page 514
An amendment to the Illinois UCC penalizes filing of false financing statements or liens and gives the secretary of state authority to investigate, punish, and even terminate false filings.

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