Publications

Articles From 2008

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Employees or Independent Contractors? A New Test for the Construction Industry

By Marc R. Poulos, Melissa Binetti, and Robert G. Reiter Jr.
April
2008
Article
Page 206
A new law makes it easier to challenge classifying construction workers as independent contractors, not employees.

Employer’s unilateral revisions to handbook did not convert plaintiff to at-will employee

January
2008
Illinois Law Update
Page 16
On November 13, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County by holding that an employer’s unilateral offer of new benefits did not effectively modify an employee’s contract to convert him to an at-will employee. 

Engagement Letters, Fees and the Dowling Case

By David A. Berek and Fred R. McMorris
May
2008
Column
Page 262
Consult Dowling for guidance on fee arrangements and how to describe them in engagement letters.

Equalization of incomes an abuse of discretion

September
2008
Illinois Law Update
Page 444
On June 27, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of McLean County ordering the respondent to pay the petitioner maintenance of $12,500 per month for a period of 111 months.

Estate attorneys disqualified from representation of deceased client’s son

February
2008
Illinois Law Update
Page 72
On December 3, 2007, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du-Page County granting in part Northern Trust Company's motion to disqualify counsel for Peter Wright. 

Estate Planning for FDIC Coverage

By Katarinna McBride
November
2008
Column
Page 590
New FDIC rules provide more protection for revocable trusts.

Ethics and the Attorney / Title Agent

By Michael J. Rooney
March
2008
Article
Page 132
This author argues that attorneys can serve as title agents, provided they make necessary disclosures and get corresponding consents.

Evidence sufficient to uphold conviction for disorderly conduct

November
2008
Illinois Law Update
Page 554
On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding the defendant guilty of disorderly conduct. 

Eyewitnesses and the Rashomon Effect

By Hon. Ron Spears
August
2008
Column
Page 424
Research indicates that eyewitness testimony is less reliable than people think.

A Family Law Toolbox

By H. Joseph Gitlin
April
2008
Column
Page 214
A list of resources worth keeping at your fingertips.

Federal wiretapping evidence admissible though barred by state law

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
Evidence gathered in a joint federal-state investigation is admissible in state court if it complies with federal, though not state, eavesdropping law.

Fees for Physician Testimony: What’s Reasonable?

By Timothy J. Harris
September
2008
Article
Page 460
A look at the governing rules, along with common-sense ways lawyers can keep doctors from charging too much for testifying.

Felzak and Ligon: an answer to judicial overactivism?

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
What if a judge surprises you by entering an order on a substantive matter at what was supposed to be a mere status hearing? Some lawyers apprise the court of two appellate cases.

Financial inability to comply with an order must be shown by definite and explicit evidence

December
2008
Illinois Law Update
Page 612
On October 8, 2008, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of Du Page County declining to hold the petitioner in contempt and ordering the petitioner to pay the respondent past-due maintenance interest from the date of judgment.

Finding Free Legal Articles on the Web

By Tom Gaylord
July
2008
Column
Page 370
A growing number of law-review articles are free for the viewing.

Firefighters protected by Criminal Code amendment. PA 095-0801

December
2008
Illinois Law Update
Page 612
Illinois lawmakers amended the Criminal Code of 1961 by modifying section 31-1. 720 ILCS 5/31-1. 

The Five People You Meet in Wal-Mart

By Hon. Ron Spears
November
2008
Column
Page 586
Judge Justice learns how he has affected the lives of litigants.

Five Secrets Not to Keep from Your Insurer

By Karen Erger
April
2008
Column
Page 216
Don't risk losing valuable coverage by being less than forthcoming with your insurer.

Flynn v Henkel: A Heavy Burden for Petitioners Under the Grandparent Visitation Act

By Michael K. Goldberg
May
2008
Article
Page 244
Grandparents must show that the child's health, safety, and welfare will be adversely affected if visitation is denied, the supreme court rules.

For New Lawyers

June
2008
Column
Page 309
An expensive daughter dilemma.

For New Lawyers

April
2008
Column
Page 215
Is a co-signer entitled to a foreclosure notice?

Forensic Psychiatry Fellowship Training Act Created. PA 095-0022.

January
2008
Illinois Law Update
Page 16
A new program has been created at the University of Illinois at Chicago and Southern Illinois University to “expand their focus on enrolling, training, and graduating forensic mental health professionals.” 

Fraudulent Misrepresentation in Illinois Employment Cases

By Richard J. Gonzalez
September
2008
Article
Page 464
More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.

Fraudulent misrepresentation tort limited to business

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.

General Assembly enacts the Diabetes Initiative Act. PA 095-0419

June
2008
Illinois Law Update
Page 284
The General Assembly has enacted the Diabetes Initiative Act, Section 5 of which states that the Department of Human Services "shall develop a strategic plan to slow the rate of diabetes as a result of obesity and other environmental factors by the year 2010."

Get it One Piece at a Time

By Karen Erger
February
2008
Column
Page 100
If you take away one small skill from the workplace every day, you can build a useful, satisfying career.

Grandparent visitation cannot infringe on non-related parent’s visitation time

April
2008
Illinois Law Update
Page 180
On February 4, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the circuit court allowing grandparent visitation but ordering that the visitation shall not diminish the time during which the mother currently has the child.

A Guide to Involuntary Commitment in Illinois

By Rob Shumaker
November
2008
Article
Page 568
Too many involuntary commitments are overturned because the lawyers and judges fail to follow the law. Here's a how-to guide.

Happy Birthday to Law Day and Mr. Lincoln

By Joseph G. Bisceglia
March
2008
Column
Page 116
The ISBA looks ahead to the Great Emancipator's 200th birthday.

Helpful Resources from the Illinois Courts

By Tom Gaylord
March
2008
Column
Page 160
Every Illinois lawyer should visit the Web site of the Illinois courts.

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