Publications

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.

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