Publications

Articles From 2009

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Declaratory Judgments and Premarital Agreements: In re Marriage of Best

By Celia Guzaldo Gamrath
April
2009
Article
Page 188
With Best, the Illinois Supreme Court allows before-trial declaratory judgments to determine the validity of a premarital agreement.

Defendants may owe a duty of care to a child injured on a treadmill

December
2009
Illinois Law Update
Page 604
On September 30, 2009, the Illinois Appellate Court, First District, reversed and remanded the order of the Circuit Court of Cook County, granting summary judgment in favor of the defendants, holding that a genuine issue of material fact existed as to whether a treadmill poses an open and obvious danger to a child.

Defending politicians, getting paid

By Helen W. Gunnarsson
February
2009
LawPulse
Page 64
How do lawyers in the Land of Lincoln (and Ryan and Blagojevich) make sure they get paid when defending politicians charged with corruption? 

Demystifying Illinois DUI Sentencing

By Larry A. Davis
July
2009
Article
Page 352
Presenting Illinois’ confusing DUI sentencing options as a chart enables practitioners to see at a glance which penalties their clients face.

Department of Human Services Act amended. PA 095-0998

March
2009
Illinois Law Update
Page 122
The Illinois General Assembly has amended the Department of Human Services Act by adding and deleting language in Section 10-10, and adding Section 10-60. 20 ILCS 1305/10-10, 10-60.

Department of Revenue amends rules governing income taxes in Illinois

April
2009
Illinois Law Update
Page 174
The Department of Revenue amended several sections and added two new sections to Ill Adm Code 100. The updates implement the amendments made to the Illinois Income Tax Act (IITA) (35 ILCS 5).

Deposing a witness in a foreign country

By Helen W. Gunnarsson
September
2009
LawPulse
Page 438

Did Pat Fitzgerald say too much?

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
Lawyers disagree about whether prosecutor Fitzgerald crossed the line when he said Rod Blagojevich’s conduct “would make Lincoln roll over in his grave.”

Different definitions of an insured for UM and UIM coverage disregards legislative intent

March
2009
Illinois Law Update
Page 122
On January 8, 2009, in a consolidated appeal, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment in favor of Farmers Insurance Company in the Schultz action and granting summary judgment in favor of Barbara Weglarz in the Weglarz action.

Directors’ Duty to Creditors

By Lin Hanson
March
2009
Column
Page 152
If a corporation becomes insolvent, directors and officers owe a duty to creditors.

Disagreement among appellate divisions creates split of authority

By Helen W. Gunnarsson
January
2009
LawPulse
Page 10
 When one division within an appellate district disagrees with another, it creates an intradistrict split of authority - so sayeth the supreme court.

The Discovery Deposition and Disfavored Evidence

By Joanne Hannaway Sweeney and Benjamin J. Wimmer
November
2009
Article
Page 576
A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses

Dismissal for double jeopardy was improper

January
2009
Illinois Law Update
Page 16
On October 24, 2008, the Illinois Appellate Court, Third District, reversed the judgment of the Circuit Court of Kankakee County granting the defendant's motion to dismiss on grounds of double jeopardy. 

A dismissal granting leave to amend is not a final adjudication

February
2009
Illinois Law Update
Page 70
 On December 2, 2008, the Illinois Appellate Court, Second District, reversed and remanded the judgment of the Circuit Court of Lake County granting the defendants' motions to dismiss and dismissing the plaintiff's medical malpractice complaint.

Do-not-resuscitate requirements reformed. PA 096-0765

December
2009
Illinois Law Update
Page 604
Illinois lawmakers amended the Health Care Surrogate Act, changing the requirements for a do-not-resuscitate (DNr) order. 755 ILCS 40/65.  

Does the “51-Percent Rule” Apply to Legal Malpractice Actions?

By James W. Davidson
June
2009
Article
Page 302
Is recovery for legal malpractice barred if the plantiff-client is more than 50 percent to blame? Here's the case for and against.

Drafting Enforceable Noncompetition Agreements in Illinois

By Peter A. Steinmeyer
April
2009
Article
Page 194
Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.

Dress for Courtroom Success, Not Distress

By Helen W. Gunnarsson
August
2009
Article
Page 402
Q. Whats the best way to dress for court?
A. The way the judge says you should.

The Duty to WARN Against Serious Injury: Can Plaintiffs Successfully Challenge Illinos’ Tough Standard?

By Eugene I. Pavalon and Harry C. Lee
October
2009
Article
Page 518
The authors argue that the Restatement of Torts may offer a way for plaintiffs to argue for a more expansive duty of defendants to warn.

Electronic Discovery: Dealing with Disclosure of Metadata

By Joseph R. Marconi
January
2009
Article
Page 24
The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.

Electronic Voting for Nonprofits

By Michael J. Huft
December
2009
Column
Page 634
Learn about new amendments to the Illinois General Not For Profit Corporation Act.

Emergency Contact Database to be created. PA 095-0898

January
2009
Illinois Law Update
Page 16
The Illinois Identification Card Act has been amended by adding section 11A, and the Illinois Vehicle Code has been amended by adding section 6-117.2. 15 ILCS 335/11A and 625 ILCS 5/6-117.2.

Evidence is insufficient to prove negligence if the conclusion is merely possible

June
2009
Illinois Law Update
Page 284
On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.

Evidence of careful habits has no bearing for the element of proximate cause

July
2009
Illinois Law Update
Page 336
On April 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County granting summary judgment for the defendants. 

Evidence Resources or Illinois Practitioners

By Tom Gaylord
March
2009
Column
Page 154
A look at some free evidence-related online resources.

Failure to provide a sworn statement detailing construction fees does not automatically defeat a breach of contract claim

December
2009
Illinois Law Update
Page 604
On September 30, 2009, the Illinois Appellate Court, Second District, affirmed in part and reversed in part the Circuit Court of Du Page County's decision to grant the defendant's motion to dismiss a complaint stemming from an unpaid construction bill, and remanded the case for further proceedings. 

Faster resolution urged for custody, SLAPP suits

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.

Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701

December
2009
Illinois Law Update
Page 604
Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

Five Wishes: “zero cases of litigation”

June
2009
Column
Page 274

Food pantries required to register with local public health departments. PA 095-0828

January
2009
Illinois Law Update
Page 16
Illinois lawmakers amended the Food Handling Regulation Enforcement Act by adding Section 3.2 dealing with "food banks." 410 ILCS 625/3.2. 

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