Illinois Bar Journal


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Articles From 2008

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Helping Clients Observe Corporate Formalities By Lin Hanson December 2008 Column, Page 640 By helping corporate clients with minutes, meetings and more you demonstrate your business value.
Helping Clients Who Face Foreclosure By Helen W. Gunnarsson February 2008 Article, Page 76 Notice of foreclosure creates a personal crisis for your home-borrower clients. Here's how to counsel them.
HGN tests meet the Frye standard By Helen W. Gunnarsson November 2008 LawPulse, Page 548 So rules the Tenth Circuit court in the first-ever Illinois Frye hearing on the admissibility of HGN tests as an indicator of drunk driving - assuming various requirements are met.  
Home Repair and Remodeling Act: unfair to contractors? By Helen W. Gunnarsson June 2008 LawPulse, Page 278 A newsletter author argues that the Act is unfair to contractors and that the recent supreme court case interpreting it defeats its purpose.
Hospital Licensing Act amended to protect religious beliefs.PA 95-0181 April 2008 Illinois Law Update, Page 180 The Hospital Licensing Act has been amended by adding section 6.23. 210 ILCS 85/6.23. 
How not to do e-filing By Helen W. Gunnarsson July 2008 LawPulse, Page 334 The supreme court recently announced its intention to implement statewide e-filing in the next several years. Critics say the federal northern district of Illinois, which requires filing both paper and electronic copies, offers an example of what not to do.
How to Admit or Exclude PBT Results By Eric R. Waltmire February 2008 Article, Page 92 Police sometimes administer preliminary breath tests to drivers stopped on suspicion of DUI. When and how are the results admissible in a hearing? Here's a look at the cases.
How to use Gifts to reduce Illinois estate taxes By Robert J. Kolasa November 2008 Article, Page 580 In 2009, federal and Illinois estate taxes will be "decoupled." Here's how estate planners can use gifts to help clients pay less.
Hudson, voluntary dismissal, and res judicata By Helen W. Gunnarsson April 2008 LawPulse, Page 174 Before you voluntarily dismiss after any decision on the merits, read the Illinois Supreme Court's recent Hudson ruling.
Hudson: New Limits on a Plaintiff’s Right to Refile a Voluntarily Dismissed Case By Ross B. Edwards June 2008 Article, Page 294 A controversial new case from the Illinois Supreme Court bars the refiling of a voluntarily dismissed claim when a partially dispositive motion has been granted.
Illinois Act on Aging amended. PA 095-0565 July 2008 Illinois Law Update, Page 340 The Illinois General Assembly has amended the Illinois Act on Aging. 20 ILCS 105/4.02. Section 4.02 of the Act, titled "Community Care Program" has been changed by deleting language naming "home health services," "home nursing services," and "chore and housekeeping services," and adding subsections (k-6) through (k-8). 
The Illinois Constitution: A Primer By James W. Hilliard October 2008 Column, Page 494 Background on the Illinois Constitution and the Con-Con.
The Illinois Human Rights Act amended. PA 095-0025 January 2008 Illinois Law Update, Page 16 The Illinois Human Rights Act has been amended by adding a sub-section (H) to Section 2-102. 775 ILCS 5/2-102(H).
Illinois Insurance Code amended. PA 95-0213 April 2008 Illinois Law Update, Page 180 Numerous sections of the Illinois Insurance Code have been amended relating to public insurance adjustment. 215 ILCS 5/512.52. 
Illinois Lottery Law amended for the benefit of Illinois veterans. PA 095-0649 August 2008 Illinois Law Update, Page 390 The Illinois Lottery Law was amended by changing section 21.6 of the law. 20 ILCS 1605/21.6. 
Illinois’ New Anti-SLAPP Statute By Eric M. Madiar and Terrence J. Sheahan December 2008 Article, Page 620 The Act should quell libel suits against those who legitimately petition government for redress. But does it also shield those who intentionally defame others?
The Illinois Police Training Act amended. PA 095-0171 February 2008 Illinois Law Update, Page 72 Section 7 of the Illinois Police Training Act has been amended to provide for curriculum meant to protect individuals with autism and "other developmental disabilities." 
Illinois ratifies National Popular Vote Act. PA 095-0714 September 2008 Illinois Law Update, Page 444 Illinois policymakers ratified and approved the "Agreement Among the States to Elect the President by National Popular Vote Act." 
Illinois Supreme Court oral arguments go online By Helen W. Gunnarsson January 2008 LawPulse, Page 10 The court is making video and audio of oral arguments available on the Web. 
Illinois Vehicle Code amended. PA 095-0542 July 2008 Illinois Law Update, Page 340 Illinois lawmakers have amended the Illinois Vehicle Code by adding two new sections dealing with Iraq and Afghanistan Campaign license plates. 625 ILCS 5/3-664, 3-665. New Section 3-664 titled "Iraq Campaign license plates" describes the procedure for applying for such plates. 
The Impact of Order-of-Protection Remedies on Divorce By Thomas J. Kasper June 2008 Article, Page 310 Some OP remedies, such as temporary custody, can have a huge effect on a subsequent divorce. Find out how to protect your client's interest.
Implementation of the Green Government Illinois Act August 2008 Illinois Law Update, Page 390 In an effort to demonstrate Illinois' commitment to conserving natural resources, reducing negative environmental impacts, and decreasing green house gas emissions, the Illinois Green Governments Coordinating Council adopted the Green Governments Illinois Act. 
In re Marriage of Bratcher By Helen W. Gunnarsson September 2008 LawPulse, Page 438 A fourth district panel reverses a trial court’s grant of a substantial maintenance award in a long-term marriage where there was also a large property settlement.
In the Wake of the Flood: A Reminder about Disaster Readiness By Karen Erger August 2008 Column, Page 422 Plan for disasters natural and manmade now, while the river is in its banks.
Incriminating statements suppressed in first degree murder case December 2008 Illinois Law Update, Page 612 On September 30, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of McLean County granting the defendant's two motions to suppress evidence. 
Inference permitted to satisfy element of reckless homicide. PA 095-0587 July 2008 Illinois Law Update, Page 340 The Criminal Code of 1961 has been amended by adding subsection (e-10) to Section 9-3 dealing with "Involuntary Manslaughter and Reckless Homicide." 720 ILCS 5/9-3. 
Inference permitted to satisfy mental states for unlawful use of recordings. PA 95-0485 March 2008 Illinois Law Update, Page 124 Sections 16-7 and 16-8 of the Criminal Code of 1961 have been amended. 720 ILCS 5/16-7, 16-8. The Code defines the act and mental states that constitute unlawful use of unidentified sound or audio visual recordings. 
Internet Caller Identification Act created. PA 095-0413 March 2008 Illinois Law Update, Page 124 An Internet Caller Identification Act has been created. 815 ILCS 517/1 et seq. Section 5 of the new act defines "caller identification" as a "display of the caller's telephone number or identity to the recipient of the call." 
Is a motion a pleading? By Helen W. Gunnarsson May 2008 LawPulse, Page 230 No, answers a chicago lawyer, and because of that a motion attacking another motion is improper.
Is There Marital Property Before Divorce? So Sayeth Takata By Reuben A. Bernick October 2008 Article, Page 512 Can an ex-wife recover post-decree arrearages of child support from the separately owned assets of the obligor father's new wife? The appellate court says "yes." Plus, read Christine Takata's take on this much talked-about ruling.