Publications

Articles From 2004

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Individuals may elect to reduce automobile insurance coverage P.A. 093-0762

September
2004
Illinois Law Update
Page 456
Effective immediately, any named insured person or applicant has the right to reject additional uninsured motorist coverage. 

Injuries sustained by the plaintiff, a passenger in a private vehicle that was struck by an intoxicated driver as it sped through a red light on its way to the hospital, were not proximately caused by the city’s refusal to send an ambulance

August
2004
Illinois Law Update
Page 398
On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the City of Chicago.

Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016

December
2004
Illinois Law Update
Page 620
Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 

Is doubling the bankruptcy homestead exemption on the horizon?

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
Bigger homestead and personal property exemptions would benefit debtor-homeowners and encourage more debtors to opt for Chapter 7, not Chapter 13, relief.

Is It Time to Grow Your Staff?

By Paul Sullivan
April
2004
Column
Page 215
If you can't seem to catch up to your workload, it may be time to bring in help. Here are some of your options.

Is laches a defense to child-support claims?

By Helen W. Gunnarsson
July
2004
LawPulse
Page 334
Probably not, no matter how long the obligee waits to collect; and the same goes for equitable estoppel.

Is your firm registered with the supreme court?

By Helen W. Gunnarsson
February
2004
LawPulse
Page 62
News flash: many law firms, not just lawyers, must register, and those who don't could see their fee awards invalidated.

It’s Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois

By Mark E. McNabola
July
2004
Article
Page 344
The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.

Judicial Ping-Pong

By James E. Pfander
December
2004
Column
Page 652
A new law allows more discrimination claims against the state.

Juvenile Offenders to be Deinstitutionalized from Correctional Confinement Facilities to Community-Based Alternative Programs P.A. 93-0641

March
2004
Illinois Law Update
Page 124
Effective immediately, the state will encourage the use of pilot programs in communities to deinstitutionalize juvenile offenders by reallocating funds from juvenile correctional confinement to such alternatives through the "Redeploy Illinois" program. 

A kindercentric custody-law proposal

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
ISBA's Family Law Section Council has proposed a revolutionary revamp of Illinois's child custody law that puts the rights and interests of children first.

Language in marriage dissolution agreement must be given its plain meaning

December
2004
Illinois Law Update
Page 620
On September 16, 2004, the Illinois Appellate Court, Third District, reversed in part, affirmed in part, and remanded for further proceedings the judgment of the Circuit Court of Mercer County. 

Larry the Lizard’s Near-Death Experience

By Hon. Ron Spears
November
2004
Column
Page 600
The search for justice yields a solution worthy of Solomon.

A lawful stop and nervous behavior are not enough to justify a frisk for weapons

November
2004
Illinois Law Update
Page 568
On August 27, 2004, the Illinois Appellate Court, Second District, affirmed the Circuit Court of Kane County's decision granting the defendant's motion to quash arrest and suppress seized evidence.

Leaving You in Good Hands

By Terrence J. Lavin
June
2004
Column
Page 284
From a purely personal perspective, it is difficult indeed to try to summarize the highlights of my year as your ISBA President. 

Legal protection for mothers who breastfeed P.A. 093-0942

October
2004
Illinois Law Update
Page 514
A mother now has a private right of action if she is denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship.

Legislators consider the Gestational Surrogacy Act

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
What happens when a pregnant surrogate changes her mind? When the intended parents divorce during the pregnancy? HB 4962 would address those questions and others.

Lienholders Must Surrender Title Within 21 Days P.A. 93-0621

February
2004
Illinois Law Update
Page 70
The Illinois Vehicle Code was recently amended to require that persons holding a security interest in a vehicle, who are in possession of the certificate of title, must release the security interest within 21 days after receiving payment in satisfaction. 

Life after “Same Part of the Body”: An Update on Admissibility of Prior Injuries

By Joseph G. Feehan
March
2004
Article
Page 146
A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.

Limited license for corporate counsel; a mixed blessing?

By Helen W. Gunnarsson
April
2004
LawPulse
Page 170
New Supreme Court Rule 716, which creates a limited license to practice for Illinois-based in-house counsel, is getting mixed reviews in corporate law departments.

LLC info now on the Web

By Helen W. Gunnarsson
June
2004
LawPulse
Page 286
Thanks to the Illinois Secretary of State's office, more information about LLCs is now available online.

Local governments cope with the verbatim-record requirement

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
What must public bodies do to comply with the new law? The answers are far from clear.

The Long, Hard Fight to Improve Public Image

By Ole Bly Pace III
September
2004
Column
Page 448
In the recent ISBA economic poll, we asked survey recipients what the ISBA could do to improve the economics of the practice. 

Look Before You Leap: The Dangers of Directorship

By Karen Erger
April
2004
Column
Page 217
Many lawyers who are asked to serve on clients' boards of directors jump at the chance. But there's a dark side to this flattering proposal.

Making a Life and a Living in the Law

By Ole Bly Pace III
July
2004
Column
Page 332
As my brief stewardship of this office begins, you may be wondering what the guy with the odd name will be doing, and why.

Malpractice Risks for Corporate and Business Lawyers

By David R. Sinn
October
2004
Article
Page 522
A review of tricky conflicts issues and other malpractice landmines for corporate lawyers.

Malpractice Wars Redux: The Same Old Song

By Terrence J. Lavin
April
2004
Column
Page 168
The temporary custodian of the office of ISBA president never exactly knows what issues and challenges will surface during his/her year at the helm. 

Massage therapists required to submit fingerprints to State Police P.A. 093-0908

October
2004
Illinois Law Update
Page 514
Effective immediately, each applicant for a massage therapist license will have his or her fingerprints electronically submitted to the Department of State Police. 

Mechanics Liens and Slander of Title: The Case for Absolute Privilege

By Michael G. Cortina
May
2004
Article
Page 267
The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.

Mentoring Writers

By Maureen B. Collins
September
2004
Column
Page 491
It takes time to train fledgling lawyers to write well. But the time you invest now will pay dividends later.

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