Publications

Articles From 2005

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Searching the passenger compartment of a vehicle is lawful regardless of whether the suspect is arrested on probable cause or on a civil warrant

March
2005
Illinois Law Update
Page 116
On December 23, 2004, the Illinois Appellate Court, Fourth District, affirmed the Circuit Court of Adam County's decision denying the defendant's motion to suppress incriminating evidence found in his vehicle during a search incident to his arrest. 

Secondary subcontractor’s mechanic’s lien limited to amount owed to immediate subcontractor

December
2005
Illinois Law Update
Page 622
On September 22, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting defendant-owner and contractor's motion for partial summary judgment limiting the amount of the plaintiff's recovery on its mechanic's lien.

Secretary of State given authority to extend vehicle registration and titling program

September
2005
Illinois Law Update
Page 446
The Secretary of State has amended Part 1010 of Title 92, 92 Ill Adm Code 1010, effective June 10, 2005. 

Section 1(D)(q) of the Adoption Act violates equal protection

June
2005
Illinois Law Update
Page 280
On March 24, 2005, the Illinois Supreme Court held that section 1(D)(q) of the Adoption Act, 750 ILCS 50/1(D)(q), is unconstitutional because it violates equal protection.

Section of the Adoption Act violates Equal Protection

October
2005
Illinois Law Update
Page 506
On August 1, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, terminating the parental rights of the defendant. 

Sellers subsidize closings via HUD-approved programs

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
The Nehemiah and AmeriDream programs allow sellers to pick up closing costs for homebuyers without violating RESPA. But is there a downside to this popular practice?

Sentencing guidelines: mandatory no more

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.

Settlement agreements only rescinded by substantial non-performance or material breach

November
2005
Illinois Law Update
Page 564
On August 18, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiff's motion to reconsider the trial court's decision to vacate a previous judgment. 

The several risks of joint representation

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
What about representing both members of a couple on an estate plan? Two or more partners to a business deal? You can do it – sometimes – if you take the proper steps.

So, does that statute apply to my case?

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
It's often hard to tell exactly when a statute takes effect, but the Illinois Legislative Reference Bureau offers guidance for legislative drafters and practicing lawyers.

Social Security and child support

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
To what extent do benefits constitute income for purposes of determining a parent's child support obligation?

Specific conditions required to deny enrollment for academic or attendance problems PA 093-0803

January
2005
Illinois Law Update
Page 14
Effective immediately, a school or school district may deny enrollment to a student who is 16 years old or older for one semester for failure to meet minimum academic standards if several mandatory conditions are met.

Spoliation of Evidence: Responding to Fire Scene Destruction

By Gerald O. Sweeney Jr. and P. Russell Perdew
July
2005
Article
Page 358
A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.

Stairwell access requirements amended - PA094-0630

October
2005
Illinois Law Update
Page 506
On August 19, 2005, the Public Building Egress Act (425 ILCS 55/1 et seq) (Act) was amended by adding section 1.5, which addresses access to buildings via stairwell doors.

Standing on Shaky Ground

By James E. Pfander
September
2005
Column
Page 480
While the Illinois Supreme Court's most recent qui tam case is a victory for plaintiffs, it further clouds standing doctrine.

State criminalizes assisting with credit applications when help is contingent on surrendering or placing a child for adoption PA 093-1063

March
2005
Illinois Law Update
Page 116
Effective in June, individuals will not be able to take certain actions that are dependent on a second person taking action with regard to child care arrangements.

State may rely solely on pictures as evidence depicting child pornography

August
2005
Illinois Law Update
Page 390
On June 3, 2005, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Ogle County, sentencing the defendant to two years of probation on several counts of possession of child pornography. 

State must demonstrate by a preponderance of the evidence that termination of parental rights is in the best interest of the child

January
2005
Illinois Law Update
Page 14
On October 21, 2004, the Illinois Supreme Court affirmed the appellate court's determination that the circuit court had applied an incorrect standard of proof in a termination of parental rights proceeding, and remanded the case to the circuit court for a rehearing of the issue under the appropriate preponderance of the evidence standard.

Stepparent income not counted in Temporary Assistance for Needy Families program

August
2005
Illinois Law Update
Page 390
Part 112 of Title 89 was amended by the Illinois Department of Human Services (Department), effective May 18, 2005.

Streamlined procedures for handling FOIA requests

May
2005
Illinois Law Update
Page 232
The Illinois State Board of Education recently adopted amendments to 2 Ill Adm Code 5001, effective on February 22, 2005. 

Strengthening the Legal-Aid Safety Net

By Ole Bly Pace III
March
2005
Column
Page 108
We need to find a way to serve the unmet legal needs of the poor without unfairly burdening solo and small-firm lawyers.

Strict compliance with Supreme Court Rule 605(a) is not mandatory

October
2005
Illinois Law Update
Page 506
On August 18, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, denying the defendant's motion for remand. 

Study will investigate possible small employer health insurance pools PA 093-0824

April
2005
Illinois Law Update
Page 170
Effective immediately, the Comprehensive Health Insurance Plan Board will conduct a feasibility study of establishing a small employer health insurance pool.

Subcontractors beware

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.

The Substance and Procedure of Class Action Reform

By James E. Pfander
March
2005
Column
Page 144
Make no mistake – the Federal Class Action Fairness Act will bring sweeping changes.

The supreme court latest UPL case: a mixed blessing

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
The supreme court allows nonlawyer lenders to charge for preparing mortgages but reaffirms that drafting and filling out real estate documents is the practice of law.

Supremes: defendants on the hook for undiscounted medical bills

By Helen W. Gunnarsson
September
2005
LawPulse
Page 438
The Illinois Supreme Court upheld the third district's ruling that personal injury defendants may be liable for a plaintiff's original medical bill, not the lower amount negotiated by his or her insurer.

Tax credit expanded under Economic Development for a Growing Economy Tax Credit Act

April
2005
Illinois Law Update
Page 170
The Illinois Department of Commerce and Economic Opportunity recently amended 14 Ill Adm Code 527. 

Tax credit program to encourage motion picture industry operation in the State

January
2005
Illinois Law Update
Page 14
The Illinois Department of Commerce and Economic Opportunity recently adopted 14 Ill Adm Code 528, effective October 22, 2004.

Tax Issues in Employment Discrimination Settlements

By Ralph A. Morris and Heather R.M. Becker
December
2005
Article
Page 638
Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.

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