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Articles From 2007

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Illinois Administrative Agency Publications Online

By Tom Gaylord
September
2007
Column
Page 494
There's a wealth of information if you know where to look.

Illinois Courts on the Web

By Helen W. Gunnarsson
April
2007
Article
Page 180
What information and services are Illinois-based courts providing via the Web? What isn't there that should be? Here's a review.

Illinois signs compact to encourage the development of Midwestern passenger rails - PA 094-1077

June
2007
Illinois Law Update
Page 292
Reflecting the continuing importance of rail travel and the concern over the aging railways in the state, the Illinois General Assembly has passed the Midwest Interstate Passenger Rail Compact Act (Act) in an effort to work in conjunction with other Midwestern states in the hope of improving and developing railway transportation throughout the region.

Illinois Supreme Court allows direct participant liability theory for first time

April
2007
Illinois Law Update
Page 176
On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Clark USA (CUSA).

The Illinois Supreme Court OKs advance payment retainers

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
The court last month approved lawyers' use of the advance payment retainer, cautioning that more familiar retainer agreements will be the preferred option in most cases.

Illinois supremes reject pre-existing debt rule

By Helen W. Gunnarsson
December
2007
LawPulse
Page 622
Under the rule, A’s promise to pay B’s debt is enforceable even if A didn’t put it in writing if it’s made before the debt was incurred. The high court says that’s not the law in Illinois.

Illinois to purchase flexible fuel and fuel efficient hybrid vehicles - PA 094-1079

March
2007
Illinois Law Update
Page 124
 In an effort to be more environmentally conscious, the Illinois General Assembly recently added section 25-75 to the Illinois Procurement Code. 

Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854

January
2007
Illinois Law Update
Page 14
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.

Impairment of servient estate does not necessitate denial of an implied easement

February
2007
Illinois Law Update
Page 72
On December 7, 2006, the Illinois Appellate Court, Second District, reversed in part the holding of the Circuit Court of Du Page County, which denied plaintiff Gacki's motion for summary judgment and granted summary judgment to defendants Raymond and Lori Bartels, because the plaintiff's claimed easement would impair or reduce the value of the servient estate.

Impending Regs Affect Planning for Clients Facing Long-Term Care

By Helen W. Gunnarsson
February
2007
LawPulse
Page 66
The state is on track to issue new regulations that will make it harder for clients who are headed for nursing-home care to hang on to assets. Elder law and estate-planning practitioners need to be prepared with new strategies for the new rules.

Incarceration due to forced confessions excluded from criminal and civil time limitations -PA 094-1113

May
2007
Illinois Law Update
Page 236
In order to protect the rights of the criminally accused, the Illinois General Assembly amended the Criminal Code of 1961 (Code), 720 ILCS 5/1 et seq, to provide penalties for confessions given under duress. 

Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty

February
2007
Illinois Law Update
Page 72
The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."

The Incredible Expanding/Shrinking Right of Children to Sue “Parents”

By Jeffrey J. Kroll and Sean P. Driscoll
February
2007
Article
Page 86
Illinois courts are giving immunity to more types of parents on the one hand as they create exceptions to the parental immunity doctrine on the other.

Information on financial identity theft must be provided by the Department of Motor Vehicles - PA 094-1001

February
2007
Illinois Law Update
Page 72
In order to make Illinois residents more aware of the risks of financial identity theft, the Illinois General Assembly amended section 2-105 of the Illinois Vehicle Code by adding subsection (f). 625 ILCS 5/2-105(f). 

Initial consultations - satisfaction or your money back?

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
Should lawyers provide free consultations to prospective clients? Discounts to new clients? Refunds of a consult fee to clients who ask for one? ISBA lawyers offer their opinions.

“Innocent construction” libel rule - still standing but battered

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.

Insurers and Recovering the Cost of Defending Insureds: Illinois’ Restrictive Approach

By Alan J. Brinkmeier and John D. Dalton
January
2007
Article
Page 42
The tough Illinois standard could be bad for policyholders as well as insurance companies, these defense lawyers argue.

Insurers’ Claims for Reimbursement from PI Recovery: Recent ERISA Rulings

By James T. Nyeste
May
2007
Article
Page 244
Healthcare plan reimbursement has been a contentious issue. The Supreme Court's Sereboff ruling answered some questions, but others remain. 

Intellectual Property Law for the General Practitioner

By Preston H. Smirman and David A. Burns
December
2007
Article
Page 650
Understanding intellectual property fundamentals can protect your client’s business and enhance your general practice. Here’s a primer.

Intrastate Forum Non Conveniens in Illinois: Post-Langenhorst Confusion

By Rob Shumaker
June
2007
Article
Page 300
The Illinois Supreme Court's most recent intrastate forum non conveniens ruling only adds to the confusion, this author opines.

Involuntary treatment authorization and patient refusal right laws amended - PA 094-1066

July
2007
Illinois Law Update
Page 348
The Illinois General Assembly has changed the Mental Health and Developmental Disabilities Code, 405 ILCS 5/2-107 et seq.

IOLTA change allows trust accounts to earn highest rate

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
Amended RPC 1.15, effective June 1, requires lawyers to place nominal or short-term client funds with banks that pay the same return on IOLTA as on non-IOLTA accounts.

It’s A (Wonderful) Lawyer’s Life

By Joseph G. Bisceglia
December
2007
Column
Page 620
Your community would be a poorer place without you. 

It’s official - you can’t collect fees for collecting your own fees

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
As a matter of public policy, "lawyers representing themselves simply do not incur legal fees," the third district ruled recently.

J.S.A. - the supreme court peers into a tangled paternity web

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
A convoluted paternity case examines the interplay between the parentage and adoption acts and raises as many questions as it answers.

Judicial estoppel does not protect against malpractice

November
2007
Illinois Law Update
Page 576
On August 17, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County dismissing the plaintiff's legal malpractice action pursuant to Illinois Code of Civil Procedure section 2-619 based on the theory of judicial estoppel. 

Judicial estoppel not applied to change in legal conclusion

August
2007
Illinois Law Update
Page 404
On June 7, 2007, the Illinois Appellate Court, Second District, reversed the Circuit Court of Lake County's grant of summary judgment in favor of defendants Richard Sandore and Associates for Women's Health.

Judicial Evaluation -De Facto Merit Selection?

By Joseph G. Bisceglia
September
2007
Column
Page 452
By educating voters, bar groups can counter special interests.

Jury trials for divorce?

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
An Illinois bill would bring jury trials back to contested divorce. The ISBA Family Law Section Council thinks that's a bad idea.

Lack of notice of disposition of collateral does not necessarily bar deficiency action

September
2007
Illinois Law Update
Page 460
On June 29, 2007, the Illinois Appellate Court, First District, remanded the order of the Circuit Court of Cook County awarding judgment in favor of Lula Stoval due to the circuit court's error in applying an absolute bar to General Motors Acceptance Corporation's (GMAC) deficiency judgment against Stoval. 

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