Publications

Articles From 2005

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Taxes, Marital QTIP Trusts, and Anti- Apportionment Clauses

By David Berek
August
2005
Column
Page 418
It's time to revisit the language you've been using in QTIP trusts. 
Find out why.

TaxNet: Online tax filing for employers

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
Now Illinois employers can pay state taxes and file documents online.

Teach Your Newbies Well

By Karen Erger
October
2005
Column
Page 542
You teach by example – is your example worth emulating?

Tee Ball and Trial Advocacy

By Hon. Ron Spears
February
2005
Column
Page 92
All you really need to know about trial practice you learned in tee ball.

Terminology in the Illinois Human Rights Act explained

November
2005
Illinois Law Update
Page 564
In Part 2300 of Title 71, 71 Ill Adm Code 2300, the Illinois Department of Human Rights (Department) has amended three sections. Effective August 19, 2005.

Testimony that could be reasonably accepted by a trial court should not be rejected

January
2005
Illinois Law Update
Page 14
On October 7, 2004, the Illinois Supreme Court overturned the appellate court's reversal of the circuit court's conviction. 

There’s gold in that thar wind – maybe

By Helen W. Gunnarsson
July
2005
LawPulse
Page 330
Learn how you can help that would-be wind farmer in your client base.

Thinking Outside the Roasting Pan About Peremptories

By Hon. Ron Spears
November
2005
Column
Page 594
Are you relying on stereotypes about jury behavior when you exercise peremptory challenges?

Third-Party Beneficiary Basics: When Can Noncontracting Parties Sue for Breach?

By Joseph Siprut
September
2005
Article
Page 462
Can, say, the child of divorced parents force Dad to pay for college as he promised Mom he would? Find out how and when to use this theory on behalf of your clients.

This diamond ring

By Helen W. Gunnarsson
October
2005
LawPulse
Page 498
Does an engagement ring belong to the donor or the recipient if the wedding is called off?

Thomas: Another twist in the fair-debt-collection knot

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
If you do any collection work, be sure to read this new case from the seventh circuit.

Three New Illinois Laws Affect Estate-Planning Practice

By David A. Berek
November
2005
Column
Page 600
Find out more about Illinois estate-tax revisions, series LLCs, and the Disposition of Remains Act.

Till death us do part?

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?

To LLC or not to LLC

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
When you're starting a law practice, the LLC is a good form of business organization to choose. Then again, so is the PC.

Tough New Dui Laws Take Effect in ’06

By George A.M. Heroux
December
2005
Article
Page 636
These new laws, effective January 1, take special aim at drivers responsible for fatalities.

Transitional Food Stamp Program adopted

June
2005
Illinois Law Update
Page 280
The Illinois Department of Human Services recently amended 89 Ill Adm Code 121, effective February 4, 2005.

Trial court did not abuse its discretion in ordering defendant to walk in front of the jury to demonstrate a possible limp

January
2005
Illinois Law Update
Page 14
On November 12, 2004, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, which required the defendant to walk in front of the jury to show whether he had a limp when he walked. 

TRO not overbroad when predominant use violates zoning ordinance

November
2005
Illinois Law Update
Page 564
On August 26, 2005, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County issuing a temporary restraining order (TRO) against the defendant landowner because the landowner's business operation constituted an adult business use

TROs: A Guide to Winning Emergency Relief in Illinois

By Richard L. Miller II
October
2005
Article
Page 530
A step-by-step guide to seeking temporary restraining orders and preliminary injunctions.

Trust agreement provisions take precedence over the Principal and Income Act

August
2005
Illinois Law Update
Page 390
On April 25, 2005, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting the petitioner's motion for summary judgment and denying the respondents' motion for summary judgment.

Trust transparency

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
Members of an ISBA e-mail discussion group agree that despite a trustee's reluctance, beneficiaries are entitled to see trust instruments that confer benefits upon them.

A trustee must serve the interest of the beneficiaries with total loyalty

November
2005
Illinois Law Update
Page 564
On August 31, 2005, the Illinois Appellate Court, Third District, reversed and remanded the decision of the Circuit Court of Rock Island County granting summary judgment for defendant trustees. 

The Truth About Going Solo

By Helen W. Gunnarsson
October
2005
Article
Page 510
Three ISBA members speak from experience about the joys and challenges of solo practice.

Under the Sexually Violent Persons Commitment Act, a trial court lacks authority to transfera committed individual from one treatment facility to another

March
2005
Illinois Law Update
Page 116
On December 23, 2004, the Illinois Appellate Court, Third District, affirmed the Circuit Court of LaSalle County's decision denying the defendant's motion for conditional release from a Department of Human Services (DHS) treatment facility and the defendant's motion challenging the constitutionality of the Sexually Violent Persons Commitment Act (SVPCA).

Uniformity criteria adopted for assessors’ bonuses

February
2005
Illinois Law Update
Page 68
The Illinois Department of Revenue recently adopted amendments to the Property Tax Code, 86 Ill Adm Code 110.170. 

Uniformity required in reporting patient claims and data - PA 094-0027

August
2005
Illinois Law Update
Page 390
The Illinois Health Finance Reform Act (20 ILCS 2215/4-2) is revised for the Department of Public Health ("Department") to require all hospitals and ambulatory surgical treatment centers licensed to operate in the State of Illinois.

(Unrepresented) buyer (and seller, and opposing lawyer) beware

By Helen W. Gunnarsson
November
2005
LawPulse
Page 558
What do you do when the other side in a real-estate transaction doesn't have a lawyer? ISBA members offer pointers.

Update on Real Estate Tax Law Changes

By James K. Weston
January
2005
Column
Page 44
Here's a summary of some of the many recent changes in real estate taxation.

Victory for State Farm in class-action appeal

By Helen W. Gunnarsson
October
2005
LawPulse
Page 498
The supreme court decertified a Madison-County-based nationwide class action case against  State Farm for installing after-market replacement parts in damaged vehicles.

Visa Waiver Program to include non-primary care physicians

May
2005
Illinois Law Update
Page 232
The Department of Public Health has recently adopted amendments to 77 Ill Adm Code 591, effective on February 16, 2005. 

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