Publications

Articles From 2008

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Restrictive covenant unenforceable due to termination of employment agreement

May
2008
Illinois Law Update
Page 236
On February 21, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying the plaintiff's request for a preliminary injunction.

Retalitory discharge: local governments not immune under Workers’ Comp Act

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
 Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.

Retired, inactive, in-house lawyers can now represent clients pro bono

By Helen W. Gunnarsson
July
2008
LawPulse
Page 334
Effective July 1, new supreme court rules let retired, inactive, and in-house lawyers working through legal-aid providers or other approved groups represent clients pro bono.

Retooling the relation-back doctrine

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original. 

Rules implement new exceptions to “pollution control facility” definition

March
2008
Illinois Law Update
Page 124
The Pollution Control Board has added more exceptions to the definition of "pollution control facility" in response to changes made to the Environmental Protection Act, 415 ILCS 5/1 et seq. 35 Ill Adm Code 101. 

Rules protect people whose insurance carriers fail to provide proof of coverage

June
2008
Illinois Law Update
Page 284
The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.

Rules require disclosure of compliance with Islamic laws and customs in food preparation

February
2008
Illinois Law Update
Page 72
A new Part was added to the Department of Agriculture's rules on Animals and Animal Products. 8 Ill Adm Code 190. 

Sale of Tobacco to Minors Act amended. PA 095-0905

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.

Save the Date(s) and for Whom

By Jack C. Carey
September
2008
Column
Page 436
Mark your calendar for these ISBA events commemorating Lincoln's 200th birthday.

Search of probationer’s computer deemed permissible

October
2008
Illinois Law Update
Page 504
On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.

Seller must refund earnest money deposit for failure to provide real estate disclosure statement

April
2008
Illinois Law Update
Page 180
On January 30, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the Circuit Court of Christian County awarding the plaintiffs $10,000 plus costs for the defendant's failure to provide the plaintiffs with a real estate disclosure statement. 

Settlements: The Limits of Same-Case Enforcement

By Professor Jeffrey A. Parness
December
2008
Column
Page 642
 Lessons from the A and A case.

Sex Offender Community Notification Law amended. PA 095-0817

October
2008
Illinois Law Update
Page 504
On August 14, 2008, the Sex Offender Community Notification Law was amended by adding Section 116 titled "Missing Sex Offender Database." 730 ILCS 152/116.

Sexual Assault Survivors Emergency Treatment Act amended. PA 095-0432

June
2008
Illinois Law Update
Page 284
The Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/1a, has been amended. The Act regulates healthcare delivery for sexual assault survivors, and the collection of evidence pursuant to the statewide sexual assault evidence collection program.

Sexual injury limitation period amended. PA 095-0589

May
2008
Illinois Law Update
Page 236
The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 

The slacker son who wouldn’t leave home

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 Your clients want to send their noncontributing adult son packing, but he says, "Nuh uh." Getting him out the door isn't as simple as you might think.

So You Want to Be a Personal Injury Lawyer?

By Helen W. Gunnarsson
October
2008
Article
Page 508
How do you break into p.i. practice? Successful practitioners offer advice.

A solo’s advice on going solo

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
 A young sole practitioner's take on the perils and pleasures of hanging out your shingle.

Spying Spouses and Their High-Tech Tools

By Alison G. Turoff
July
2008
Article
Page 348
Divorcing spouses who try to gain the upper hand by catching the other party in the act may violate federal and state eavesdropping and privacy statutes.

State Finance Act amended to create Domestic Violence funds. PA 095-0711

September
2008
Illinois Law Update
Page 444
The State Finance Act has been amended with the addition of sections 30 ILCS 105/5.675 and 6z-69 to create the Married Families Domestic Violence Fund for domestic violence assistance and services.

Statutory change gives right to counsel to juveniles facing detention

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.

Stem Cell Research and Human Cloning Prohibition act Passed - PA 095-0519

May
2008
Illinois Law Update
Page 236
The Stem Cell Research and Human Cloning Prohibition Act has been enacted. 410 ILCS 110/1 et seq.

Stepping up the fight against elder abuse

By Helen W. Gunnarsson
July
2008
LawPulse
Page 334
A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.

Substance Abuse Prevention on Public Works Projects Act passed. PA 095-0635

August
2008
Illinois Law Update
Page 390
Illinois lawmakers passed the Substance Abuse Prevention on Public Works Projects Act. 820 ILCS 130/5.5. 

Successor Liability in Illinois

By George W. Kuney
March
2008
Article
Page 148
Find out when creditors and tort victims can sue the buyer of a business for the debts and torts of the seller.

Supreme court upholds parent’s refusal to allow grandparent visitation

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
A grandmother failed to show that denying her visitation was harmful to her grandchild’s physical, mental, or emotional health.

Supremes limit trusts ability to subtract investment-advice costs

By Helen W. Gunnarsson
March
2008
LawPulse
Page 118
The U.S. Supreme Court holds that trusts are subject to a two-percent floor for subtracting investment advisory fees from their taxable income.

Supremes: the Best approach to tort reform survives

By Helen W. Gunnarsson
August
2008
LawPulse
Page 384
 The supreme court holds that a med-mal plaintiff is entitled to a 90-day extension to file her certificate of merit - and that a 2004 law didn't reenact the version of 2-622 invalidated in Best v Taylor.

Take Care of Yourself

By Jack C. Carey
July
2008
Column
Page 332
An annual checkup can save your life.

Talking About You

By Karen Erger
December
2008
Column
Page 644
Make sure your ads and other communications to the public don't violate ethics rules.

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