Publications

Articles From 2007

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Pages

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
Page 408
Highlights of this year's legislative session.

Accepting Payment by Credit Card: Priceless?

By Helen W. Gunnarsson
January
2007
Article
Page 18
Setting yourself up to accept credit card payments has its advantages - and its risks. 

Access to library records allowed without a court order. PA 095-0040

December
2007
Illinois Law Update
Page 632
Section 1 of the Library Records Confidentiality Act has been amended to allow libraries to publish or make available registration and circulation records deemed confidential. 75 ILCS 70/1. 

Administrative decisions: smoothing the path to review

By Helen W. Gunnarsson
December
2007
LawPulse
Page 622
The law should be amended to remove impediments to seeking review of agency rulings, ISBA leaders say.

Admitted negligent acts properly presented to jury when relevant and necessary to plaintiff’s case

August
2007
Illinois Law Update
Page 404
On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.

Adoption Act definition of “unfit person” amended -PA 094-0939

January
2007
Illinois Law Update
Page 14
The Illinois General Assembly (General Assembly) has amended section D of the definitions section of the Adoption Act (Act) in order to clarify the meaning of "Unfit person" under the Act. 

AIDS Confidentiality Act amended. PA 095-0007

November
2007
Illinois Law Update
Page 576
The Illinois General Assembly has changed the AIDS Confidentiality Act concerning informed consent for HIV testing and anonymous access to test results.

Ain’t Wastin’ Time No More

By Karen Erger
December
2007
Column
Page 660
Ten time wasters that can cause your time “inventory” to shrink.

Ambulance rules passed to avoid fraudulent use - PA 094-1063

February
2007
Illinois Law Update
Page 72
In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 

Amendments made to the “Grow Your Own Teacher” initiative

May
2007
Illinois Law Update
Page 236
The Illinois State Board of Education (Board) has amended three sections and repealed one section of 23 Ill Adm Code 60. The changes correlate with Public Act 94-0979 and pertain specifically to the Grow Your Own Teacher Education Act, 110 ILCS 48/1 et seq. 

Amendments to Charitable Games Act re-enacted - PA 094-0986

March
2007
Illinois Law Update
Page 124
In an attempt to avoid previous constitutionality problems, the Illinois General Assembly has passed Public Act 094-0986 in order to re-enact certain amendments originally passed in Public Act 088-0669 but declared unconstitutional by the Illinois Supreme Court in People v Olender, 222 Ill 2d 123, 854 NE2d 593 (2005). 

Amendments to damages law for wrongful death suits. PA 095-0003

August
2007
Illinois Law Update
Page 404
The Illinois General Assembly has amended Section 2 of the Wrongful Death Act, 740 ILCS 80/2. 

Animal Law Comes into Its Own

By Helen W. Gunnarsson
August
2007
Article
Page 412
As Americans place more value on pets, the importance of animal law is growing. Here's an Illinois-focused look at this emerging area.

Anna Nicole Smith’s Will

By Katarinna McBride
May
2007
Column
Page 270
Informal speculation about what becomes of Anna Nicole's estate.

Another appellate court holds postdissolution order finality depends on SCR 304(a) finding

January
2007
Illinois Law Update
Page 14
On October 23, 2006, the Illinois Appellate Court, Fourth District, dismissed the respondent's appeal from the Circuit Court of Vermilion County's dismissal of her post-dissolution petition to modify maintenance because the circuit court's order was not final and appealable. 

Arbitration clause unconscionable where customer does not see agreement

September
2007
Illinois Law Update
Page 460
On July 10, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County finding the Customer Agreement between Charlotte Bess and DirecTV procedurally unconscionable and therefore unenforceable.

Arbitration panel exceeded its authority by ignoring plain language of contract

June
2007
Illinois Law Update
Page 292
On March 29, 2007, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County confirming an arbitration award in favor of the plaintiffs on the plaintiffs' claim that defendants had improperly terminated their management agreement for several apartment complexes. 

Are a Closely Held Corporation’s Retained Earnings Fair Game for a Divorcing Spouse?

By Michael W. Kalcheim
January
2007
Article
Page 30
Can the non-employee spouse make a claim for reimbursement to the marital estate from the retained earnings of a closely held corporation? This article considers the question.

Are Investment Advisory Fees 100-Percent Deductible?

By David A. Berek
February
2007
Column
Page 104
The federal circuits are split and the seventh circuit is silent.

Are You a Client-Savvy Counselor?

By Karen Erger
August
2007
Column
Page 440
Sometimes the best client is the one you turn away.

Asked and Answered

November
2007
Column
Page 610
What do you do with a difficult judge?

Asked and Answered

September
2007
Column
Page 496
What do you do with uncooperative opposing counsel?

Asked and Answered

August
2007
Column
Page 435
What kind of client file system is best for your firm?

Asked and Answered

July
2007
Column
Page 375
Can small p.i. firms compete with bigger ones?

Asked and Answered

June
2007
Column
Page 320
Opening an IOLTA account.

Asked and Answered

May
2007
Column
Page 266
Can a disbarred lawyer be a paralegal?

Asked and Answered

April
2007
Column
Page 210
"Fraud" versus "fraudulent misrepresentation."

Asked and Answered

March
2007
Column
Page 154
When and how do you file a motion?

Asked and Answered

February
2007
Column
Page 95
I've got my judgment- how do I collect?

Asked and Answered

January
2007
Column
Page 50
What are the rules for serving notice?

Pages