Publications

Articles From 2007

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Rule 216 requests to admit: no more “gotcha” games

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.

Rules changed regarding alcohol and drug testing

August
2007
Illinois Law Update
Page 404
20 Ill Adm Code 1286 has been amended by adding sub-section 1286.75, effective May 1, 2007. 

Rules created to implement Veterans’ Health Insurance Program Act

April
2007
Illinois Law Update
Page 176
The Department of Healthcare and Family Services (Department) has created rules to implement the Veterans' Health Insurance Program Act (Act). 

Rules for nonscheduled bus inspections changed

July
2007
Illinois Law Update
Page 348
The Department of Transportation has amended Part 456, "Nonscheduled Bus Inspections," of Subchapter e, "Traffic Safety," to change the rules governing nonscheduled bus inspections. 92 Ill Adm Code 456.

Rules issued to implement and regulate the Methamphetamine Manufacturer Database

June
2007
Illinois Law Update
Page 292
The Department of State Police has added three sections to 20 Ill Adm Code 1284 to enact rules that correspond to the Methamphetamine Manufacturer Registry Act [730 ILCS 180/1 et seq].

Safety requirements added to Coal Mining Act - PA 094-1101

June
2007
Illinois Law Update
Page 292
The Illinois General Assembly amended the Coal Mining Act (Act) to place increased responsibilities on mine operators to provide for the safety of their workers.

Sales of intangible property during cessation of business activity is nonbusiness income

January
2007
Illinois Law Update
Page 14
The Illinois Appellate Court, First District, affirmed on November 9, 2006, the Circuit Court of Cook County's grant of summary judgment in favor of the plaintiff after the Illinois Department of Revenue (Department) issued a notice of deficiency against her for alleged failure to report over $20 million in partnership income. 

Sanctioning Firms for Frivolous Filings

By Professor Jeffrey A. Parness
September
2007
Column
Page 490
Courts should allow sanctions against firms for lawyers' misconduct.

The Search for Illegal Workers: When Homeland Security Comes Knocking

By Minnie Fu and Neil H. Dishman
March
2007
Article
Page 132
DHS is stepping up enforcement against companies suspected of employing unauthorized workers. Here's how to survive a DHS investigation.

Search valid with consent of co-tenant even where other co-tenant is home but asleep

December
2007
Illinois Law Update
Page 632
On October 9, 2007, the Illinois Appellate Court, First District, reversed the ruling of the Circuit Court of Cook County granting the defendant’s motion to suppress evidence obtained pursuant to an illegal search of defendant’s home.

Series LLCs: Practical Pointers and Tax Implications

By Randall H. Borkus and Kimberly J. Myers
January
2007
Article
Page 22
Beware the danger in failing to properly separate assets in the series, and note unanswered tax questions.

“Sex Offenders” but No Sex Crime?

By Marion Buckley and J. Michael True
September
2007
Article
Page 482
Under the original law, some people who didn't commit sex crimes had to register as "sex offenders." The legislature addressed the issue last year with a new law that creates its own problems.

Sexual Harassment: No More “Welcomeness” Defense Against Minors

By Eugene H. Hollander
September
2007
Article
Page 486
A recent case eliminates the defense that an underage sexual-harassment plaintiff welcomed the sexual contact.

Simultaneous Offers for Partnership Break-Ups

By Lin Hanson
June
2007
Column
Page 328
Is your client ready to break up with a business partner? If so, here's some advice.

SLAPP suits take a hit

By Helen W. Gunnarsson
September
2007
LawPulse
Page 454
A new bill would discourage developers and others from suing - and thus trying to silence - opponents of their subdivisions, landfills, and the like.

Slavery reparations claims dismissed by 7CA

By Helen W. Gunnarsson
April
2007
LawPulse
Page 170
The court held that slave descendants' section 1982 claims are, inter alia, too speculative and the claimants too far removed from the wrong of slavery.

“Sliding scale” approach rejected in contacts analysis of interactive Web site

July
2007
Illinois Law Update
Page 348
On April 24, 2007, the Illinois Appellate Court, Fifth District, affirmed the order of the Circuit Court of St. Clair County dismissing the plaintiff's personal injury action for lack of personal jurisdiction. 

Small-trust-termination amendment gets mixed reviews

By Helen W. Gunnarsson
December
2007
LawPulse
Page 622
It’s good to allow trustees to terminate small trusts when fees are consuming income. But should income, rather than remainder, beneficiaries automatically get the proceeds?

So you wanna be a child rep…?

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
How do you get appointed? How much can you earn? What about appointees who don't do the job?

Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S.

By Roman J. Seckel
February
2007
Article
Page 90
The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.

State Law Tort Claims - A New Weapon in Employment Discrimination Cases?

By Eugene K. Hollander
March
2007
Article
Page 146
A recent seventh circuit case bucked convention and allowed a state tort claim in an employment discrimination action.

State must establish foundation for admittance of electronic conversation transcript

December
2007
Illinois Law Update
Page 632
On September 28, 2007, the Illinois Appellate Court, First District, reversed and remanded for new trial the judgment of the Circuit Court of Cook County convicting the defendant of indecent solicitation of a child because the State did “nothing to establish a foundation for the admissibility of the transcripts as evidence.” 

State must take reasonable steps to inform homeowner debtor of impending house sale

June
2007
Illinois Law Update
Page 292
On April 19, 2007, in a case that was remanded to the Illinois Supreme Court from the United States Supreme Court, the Illinois Supreme Court, effectively, affirmed its own prior decision, holding that the state and the purchaser of a tax deed had made sufficient efforts to give notice to the delinquent taxpayer.

State Property Control Act adds section providing for facility closure - PA 094-1107

April
2007
Illinois Law Update
Page 176
Section 8.3 of the State Property Control Act was added to provide for assessments of the John J. Madden Mental Health Center in Cook County.

State-wide smoking ban passed. PA 095-0017

September
2007
Illinois Law Update
Page 460
The Illinois General Assembly has passed the Smoke Free Illinois Act (Act), in order to protect Illinois citizens from the secondhand effects of tobacco smoke, "a harmful and dangerous carcinogen to human beings and a hazard to public health."

Station adjustments: not-so-rough justice for kids

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.

Stem Cells: A Lawyer’s Primer

By H. Joseph Gitlin
April
2007
Column
Page 208
How much do you know about this important issue?

Steps taken to improve utilities retail market conditions -PA 094-1095

May
2007
Illinois Law Update
Page 236
In order to promote a more competitive retail electric market for all Illinois consumers, the Illinois General Assembly (Assembly) has amended the Public Utilities Act by adding the Retail Electric Competition Act (Act) of 2006. 220 ILCS 5/20-101 et seq. 

Strong public policy to disclose patient names to newspaper cannot override privacy

June
2007
Illinois Law Update
Page 292
On April 9, 2007, the Illinois Appellate Court, Fifth District, affirmed the Circuit Court of Washington County's denial of the intervener's request that the court unseal the names of certain medical patients contained in a previous court order. 

Students now eligible for awards under the new Monetary Award Program

February
2007
Illinois Law Update
Page 72
Effective December 1, 2006, the Illinois Student Assistance Commission (Commission) has amended 23 Ill Adm Code 2734. 

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