Illinois Bar Journal

Articles on Law Pulse

Tort legislation medley

By Matthew Hector
October
2014
LawPulse
Page 466
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.

Accepting credit-card payments? Mind your trust-account ps and qs

By Mark S. Mathewson
September
2014
LawPulse
Page 418
Make sure retainer-fee payments by credit card are going into your trust account and not your general office account, an ISBA ethics opinion admonishes.

New Illinois law limits criminal history checks on job applicants

By Matthew Hector
September
2014
LawPulse
Page 418
Beginning in January, employers won't be allowed to require prospective employees to disclose their criminal history on a job application.

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

Spousal maintenance guidelines become law in Illinois

By Mark S. Mathewson
September
2014
LawPulse
Page 418
A new law, effective January 1, removes uncertainty from most maintenance decisions by creating a formula for determining the size and duration of awards.

ACLU sues over reaction to fake mayoral twitter account

By Matthew Hector
August
2014
LawPulse
Page 366
The lawsuit alleges that the mayor and other officials conspired to violate the First and Fourth Amendment rights of accountholder and tweeter Jon Daniel.

E-discovery rule changes allow format choice, prevent abuse

By Matthew Hector
August
2014
LawPulse
Page 366
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.

Medical marijuana implementation a work in progress

By Janan Hanna
August
2014
LawPulse
Page 366
The law took effect January 1, but the rules that would make it available to patients were approved only last month.

When caregivers take

By Janan Hanna
August
2014
LawPulse
Page 366
A bill awaiting the governor's signature would protect seniors from being taken advantage of by a caregiver or court-appointed guardian.

Discourage juror tweets through admonishment, not punishment

By Janan Hanna
July
2014
LawPulse
Page 314
Authors of a Chicago-based study of jury behavior conclude that jurors actually listen to instructions from judges not to communicate about the case.

More cyberscams looking for lawyer-victims

By Janan Hanna
July
2014
LawPulse
Page 314
Beware out-of-country residential real estate clients bearing cashier's checks.

Revised health care power of attorney awaits governor’s signature

By Janan Hanna
July
2014
LawPulse
Page 314
The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.

Scaring sexters straight

By Janan Hanna
July
2014
LawPulse
Page 314
While felony child pornography charges remain a possibility in appropriate cases, most sexting incidents are best handled less aggressively, experts agree.

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.

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