Illinois Bar Journal

Articles on Law Pulse

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.
1 comment (Most recent March 3, 2013)

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.
1 comment (Most recent January 31, 2013)

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.
3 comments (Most recent October 29, 2012)

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.
2 comments (Most recent November 8, 2012)

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.

Supreme court: ’reasonable suspicion’ enough for traffic stop

By Adam W. Lasker
October
2012
LawPulse
, Page 514
"Reasonable suspicion," not the more exacting "probable cause," is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.

Tort liability for school districts that hide former teachers’ sexual harassment

By Adam W. Lasker
October
2012
LawPulse
, Page 514
The Illinois Supreme Court ruled that a school district breaches its duty of care when it gives false information to another district about a teacher's sexual misconduct.

A trio of laws to curb texting, phoning behind the wheel

By Adam W. Lasker
October
2012
LawPulse
, Page 514
The legislature forgoes a full ban on cell use by drivers in favor of a targeted approach that bans hand-held communications in construction zones, emergency scenes, and other places.

The Institute of Business Laws tries to make Illinois business-friendlier

By Adam W. Lasker
September
2012
LawPulse
, Page 458
The volunteer Institute promotes business-friendly legislation, including a new act that lets the secretary of state dissolve partnerships and makes other small but helpful changes to business laws.

Is a family-law overhaul on the way?

By Adam W. Lasker
September
2012
LawPulse
, Page 458
No more grounds for divorce? Divorce judgments within 90 days or else? These are just two of the family-law reforms proposed by a bipartisan legislative study group.
2 comments (Most recent September 17, 2012)

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