Publications

Articles From 2008

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Tapping Agency Expertise: The Doctrine of Primary Jurisdiction

By James W. Hilliard
May
2008
Article
Page 256
Courts use the doctrine to refer an issue to an administrative agency for expert determination. Here's how it works in Illinois.

Tax sales: the court helps taxpayers who help themselves

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
 Here's how not to win compensation after losing your house for failure to pay taxes.

Time between voluntary dismissal and refiling does not affect reasonable diligence assessment

February
2008
Illinois Law Update
Page 72
On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b). 

Traffic stop and subsequent Terry search valid when based on non-anonymous tip

July
2008
Illinois Law Update
Page 340
On April 15, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of McDonough County granting the defendants' motions to suppress two bags containing approximately 28 or 29 boxes of pseudoephedrine collected during a search of the defendant's motor vehicle after a traffic stop for improper lane usage.

Traffic stop impermissibly prolonged

September
2008
Illinois Law Update
Page 444
On June 26, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Henry County denying Bernstein's motion to suppress and sentencing him to 48 months probation for unlawful possession of marijuana with intent to deliver.

Training for Individuals who use Radionuclides for Medical Purposes

September
2008
Illinois Law Update
Page 444
The Illinois Emergency Management Agency amended the rules governing medical use of radioactive material.

Trends in Seventh Circuit Sexual Harassment Decisions

By William J. Borah
April
2008
Article
Page 198
Title VII is not a code of behavior, according to the seventh circuit. But the court has also expanded remedies for victims of "hellish" sexual harassment.

Trial-Practice Don’ts

By Matthew R. Crimmins
July
2008
Article
Page 360
Don't promise the jury more than you can deliver, don't make inflammatory arguments, and more "don'ts" for litigation.

Trust and Trustees Act amended. PA 95-0605

April
2008
Illinois Law Update
Page 180
The Trusts and Trustees Act has been amended by changing section 4 and adding section 4.26. 760 ILCS 5/4, 760 ILCS 5/4.26. 

Two traffic stops, no Fourth Amendment “seizures,” the court rules

By Helen W. Gunnarsson
November
2008
LawPulse
Page 548
The Illinois Supreme court rules for the state in two cases where defendants were asked for consent to search after a traffic stop.

Two-Tiered Billing in Illinois Divorce Cases - a Critique

By James H. Feldman
September
2008
Article
Page 452
Illinois divorce lawyers typically charge a higher hourly rate for court than for office time. It's time that changed, the author argues

UCC filing rules amended. PA 095-0446

June
2008
Illinois Law Update
Page 284
Section 9-516 of the Illinois Uniform Commercial Code has been amended. 810 ILCS 5/9-516. This section, entitled "What constitutes filing; effectiveness of filing," has been changed to add three new subsections to 9-516(b) concerning what documents may be refused or do not constitute the filing of a financing statement.

UCCJEA: Illinois refuses to register Indiana custody ruling

By Helen W. Gunnarsson
July
2008
LawPulse
Page 334
The Illinois Supreme Court refuses to register an Indiana custody ruling where the Indiana court did not return the Illinois court's repeated phone calls.

Undefined “death benefits” include life insurance proceeds

June
2008
Illinois Law Update
Page 284
On April 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Winnebago County ordering life insurance proceeds to be delivered to the decedent's children, instead of the listed beneficiary. 

Unlawful Use of Encryption offense created. PA 095-0942

November
2008
Illinois Law Update
Page 554
The Criminal Code of 1961 has been amended by adding section 16D-5.5 "[u]nlawful use of encryption," which prohibits the use of encryption to commit or assist in committing a criminal offense. 720 ILCS 5/16D-5.5. 

Use of Leased Land Act. PA 095-0603

April
2008
Illinois Law Update
Page 180
The General Assembly has created the State of Illinois Recreational Use of Leased Land Act. 

Using guardianship to change school districts? Be wary

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
Your client wants his kid to go to New Trier schools? Then he'd better move there or be prepared to pony up $18,000-plus in tuition, an ISBA member advises.

Verbal refusal does not control where defendant physically complies with chemical test

May
2008
Illinois Law Update
Page 236
On March 7, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of De Kalb County finding that the defendant had not refused to submit to testing to determine the content of alcohol or other drugs in his blood.

A veterinary standard of care

By Helen W. Gunnarsson
July
2008
LawPulse
Page 334
The court makes explicit that veterinarians are "skilled" practitioners of a "profession or trade" and thus owe a duty of care.

Vision Point : A Course Correction on Requests to Admit

By Timothy J. Storm
January
2008
Article
Page 26
This important new opinion makes it easier for judges to allow extensions for responding to requests to admit.

Visitation of minor child in non-Hague country allowed

January
2008
Illinois Law Update
Page 16
On November 13, 2007, the Illinois Appellate Court, First District, affirmed the order of the Circuit Court of Cook County granting a modified joint parenting order allowing visitation of the minor child in a foreign country. 

Vote “No” on Con-Con

By Jack C. Carey
October
2008
Column
Page 492
Voters should reject the call for a constitutional convention.

Wabash and Ohio Rivers Coordinating Council Act created. PA 095-0132

February
2008
Illinois Law Update
Page 72
The Wabash and Ohio Rivers Coordinating Council Act has as its purpose the "restoration and conservation of the Wabash and Ohio Rivers and their tributaries."

What’s a POA agent worth?

By Helen W. Gunnarsson
August
2008
LawPulse
Page 384
 Agents are entitled to reasonable compensation. But what's reasonable?

When Hearsay Testimony Is a Nonevent Under the Confrontation Clause

By Robert J. Steigmann
June
2008
Article
Page 304
An Illinois Appellate Court justice says that a witness who disavows his or her own hearsay statements is not "unavailable" as to those statements.

When Mom (or Dad) Wants to Move: Removing Children from Illinois After Divorce

By Michelle A. Lawless
November
2008
Article
Page 564
Custodial parents who seek to take their children out of Illinois face a high bar. Here are tips for preparing a removal case.

Where there are two wills, is there a way?

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
What should a lawyer do with earlier wills that have been revoked by a later one?

Will construed according to plain and ordinary meaning

November
2008
Illinois Law Update
Page 554
On September 5, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County ordering the proceeds from the securities found in the decedent's home to the charities in her will, and the beneficiaries to pay the 2005 and 2006 real estate taxes on the residences bequeathed to them.

Winning the Battle of the Forms

By William J. Ryan and John B. Thornton
July
2008
Article
Page 364
Many contracts are formed by the exchange of price quotes, purchase orders, and invoices, which often contain conflicting terms. This article reviews typical "battle of the forms" issues.

You’ve been appointed GAL-now what?

By Helen W. Gunnarsson
September
2008
LawPulse
Page 438
Might you be a minor child's court appointed guardian ad litem? If so, here are some pointers from a colleague who's been there.

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