Publications

Articles From 2008

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A Judge’s Judge

By Helen W. Gunnarsson
September
2008
Article
Page 448
In Thomas Fitzgerald, the Illinois Supreme Court has a seasoned trial judge at the helm. Here’s an interview with the new chief.

Judicial Review of Administrative Decisions: A Step-by-Step Guide

By Thomas M. Battista
October
2008
Article
Page 516
An agency rules against your client and you want a court to review the decision. What's the next step? This article explains.

Keeping up with the Bloggers

By Tom Gaylord
May
2008
Column
Page 264
Use these tools to find and stay up with blawgs.

The “Kotecki” Gap: No Insurance Coverage for Assumed Liability

By Christopher E. Kentra
February
2008
Article
Page 88
Lawyers who represent manufacturers, insurers and others need to understand the Kotecki gap and the supreme court's ruling that most insurance policies don't cover it.

The Last Gasp for RESPA Reform?

July
2008
Column
Page 372
HUD's proposed new RESPA regs leave a lot to be desired.

Last Term’s United States Supreme Court Labor and Employment Decisions

By Michael Robert Lied and Joseph F. Tansino
December
2008
Article
Page 626
A survey of the United States Supreme Court's labor and employment rulings from the 2007-08 term.

Law Firm Marketing 101

By G. M. Filisko
January
2008
Article
Page 20
You didn’t go to law school to be a salesperson, but you still have to sell yourself to prospective clients. Here’s how.

Law-Firm Compensation Systems Explained

By Helen W. Gunnarsson
June
2008
Article
Page 288
Wondering whether your firm's compensation scheme needs an overhaul? Here's a look at what others are doing.

“Law-Related Service,” New RESPA Forms

By James K. Weston
April
2008
Column
Page 212
Real estate lawyers worry about proposed changes in the rules governing "law-related service."

The Lawyer of Love

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
Chicago divorce lawyer Corri Fetman offers advice in - and poses for - Playboy.

The “Lawyer” Who Shot Liberty Valance

By Joseph G. Bisceglia
May
2008
Column
Page 228
A lesson on the rule of law from the old West.

Lessons from Jury Research

By Sara Parikh and Terrence Lavin
April
2008
Article
Page 190
Experience with mock juries challenges conventional wisdom about how jurors react to expert testimony and attorney performance.

Life insurance cannot be used to secure maintenance payments

March
2008
Illinois Law Update
Page 124
On January 3, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the circuit court requiring the respondent to designate his ex-wife Sandra as the beneficiary of his life insurance policy as security for his maintenance obligation.

Liquor Control act amended. PA 095-0563

May
2008
Illinois Law Update
Page 236
The Illinois General Assembly amended the Liquor Control Act of 1934 by changing Section 6-16. 235 ILCS 5/6-16. 

Living trust amendment drafted by a nonlawyer ruled invalid

By Helen W. Gunnarsson
September
2008
LawPulse
Page 438
A living trust amendment drafted by a nonlawyer is invalid under the Consumer Fraud and Deceptive Business Practices Act, the Illinois Appellate Court rules.

Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
The state can go after the at-home spouse to recover the institutionalized spouse's nursing home expenses, the Illinois Supreme Court rules.

The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427

June
2008
Illinois Law Update
Page 284
Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 

Mental Health and Developmental Disabilities Code amended. 095-0602

April
2008
Illinois Law Update
Page 180
The Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq, has been amended to add a new section defining "Dangerous conduct," and by changing other existing definitions concerning a person's awareness of the need for treatment.

Midterm Report

By Joseph G. Bisceglia
February
2008
Column
Page 64
Where we are with CLE, UPL and more.

Missing Persons Identification Act created. PA 095-0192

February
2008
Illinois Law Update
Page 72
Act provides law enforcement guidelines and requires all law enforcement agencies to accept "without delay" any report of a missing person.

Mosquito Abatement District Act amended. PA-095-0664

September
2008
Illinois Law Update
Page 444
The Mosquito Abatement District Act has been amended by adding subsection (b) to Section 10 of the Act. 70 ILCS 1005/10(b).

My Mother, My Client

By Helen W. Gunnarsson
July
2008
Article
Page 344
Should you do legal work for family and close friends? Probably not, ethics experts and seasoned lawyers say.

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery

By Shane M. Carnine
September
2008
Article
Page 470
A recent appellate case arguably changes the requirements for a spoliation claim.

A New Approach to Limitations of Remedies and Damages Under the UCC

By Peter C. John
February
2008
Article
Page 96
Razor v Hyundai Motor America changed Illinois law by limiting the failure of a remedy to the remedy itself and not implicating the limitation on damages. 

A new definition of marital property?

By Helen W. Gunnarsson
August
2008
LawPulse
Page 384
 A controversial ruling allows a child-support obligee to lay claim to property held in the name of the obligor's new spouse.

New homeowner notice required in foreclosure actions. PA 095-0961

December
2008
Illinois Law Update
Page 612
On September 23, 2008, the House voted to override an amendatory veto proposed by Governor Blagojevich and passed Senate Bill 1879

The New Illinois Right-to-Sue Law for Employment Discrimination

By Stephen E. Balogh, Randall D. Schmidt, and Lindsey Marcus
January
2008
Article
Page 30
The Illinois Human Rights Act now provides for a right to a jury in the Illinois circuit court in employment discrimination cases.

New law attempts to simplify zoning hearings

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 A new law classifies zoning decisions as legislative acts, not administrative rulings. This will streamline zoning proceedings, proponents say.

New licensing requirements for fire equipment distributors

June
2008
Illinois Law Update
Page 284
The Office of the State Fire Marshall made changes to 41 Ill Adm Code 280. The changes apply to companies and their employees that service, hydro-test, recharge, install, maintain, replace, repair or inspect all types of fire extinguishers, suppression devices or systems.

New Preparer Standards For Estate, Gift Returns

By David A. Berek
February
2008
Column
Page 102
The standards and penalties long app-licable to income tax returns now apply to estate and gift tax filings.

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