Publications

Articles From 2009

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An order to dissolve a preliminary injunction constitutes a legal conclusion that the preliminary injunction was wrongfully issued

November
2009
Illinois Law Update
Page 552
On September 9, 2009, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Sangamon County and remanded with direction. 

Our Season of Service: Meeting the Pro Bono Challenge

By John G. O’Brien
October
2009
Column
Page 488
Now more than ever is the time to give to the pro bono cause.

The Overlooked Art of Redirect Examination

By Jeffrey J. Kroll and Patrick White
August
2009
Article
Page 406
Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.

Passing the Buck: Private Split-Dollar for Every Vocabulary

By Katarinna McBride
May
2009
Column
Page 262
Split-dollar agreements allow wealthy clients to use life-insurance trusts to avoid gift taxes and maximize estate value.

Pension Code amended to provide guidelines for the selection of investment service providers. PA 096-0006

July
2009
Illinois Law Update
Page 336
Illinois lawmakers have amended the Illinois Pension Code to include a new section detailing the process for selecting and appointing consultants to provide investment services for retirement systems, pension funds and investment boards subject to the Code (excluding funds established under articles 3 and 4 of the Code).

Personnel rules for public officials and employees updated

July
2009
Illinois Law Update
Page 336
The Department of Central Management Services has updated the personnel rules, pay plans, and position classifications for public officials and employees.

The plain language of section 2-118.1(b) of the Vehicle Code suggests alternatives

June
2009
Illinois Law Update
Page 284
On March 31, 2009, the Illinois Appellate Court, First District, reversed and remanded the judgment of the Circuit Court of Cook County rescinding the statutory summary suspension of the defendant's driver's license. 

Plaintiff failed to prove reliance element of voluntary undertaking theory

February
2009
Illinois Law Update
Page 70
On December 2, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Rock Island County granting summary judgment for the defendant in a negligence action.

Plaintiffs win big in Ready

By Helen W. Gunnarsson
February
2009
LawPulse
Page 64
 The supreme court holds that good-faith settling tortfeasors can't be included in apportioning fault after verdicts to determine joint and several liability.

Pleading Civil Rights Claims

By Professor Jeffrey A. Parness
March
2009
Column
Page 156
The challenges civil-rights claimants face in choosing a forum, shaping their pleadings, and more.

Post-conviction petition deemed untimely

April
2009
Illinois Law Update
Page 174
On February 11, 2009, the Illinois Appellate Court, First District, reversed and remanded the ruling of the Circuit Court of Cook County which granted the defendant post conviction relief and a reduction in sentence pursuant to People v Whitfield, 217 Ill 2d 177, 840 NE2d 658 (2005) because the defendant's petition was untimely.

Postjudgement Sanctions: Do Trial Courts Have Too Little Power?

By Professor Jeffrey A. Parness
June
2009
Column
Page 314
Illinois judges should be free to impose sanctions for misconduct after final judgement and on behalf of nonparties if the facts warrant.

The Power Behind the Robe: A Primer on Contempt Law

By Timothy L. Bertschy and Nathaniel E. Strickler
May
2009
Article
Page 246
The power of contempt is a confusing mix of civil and criminal law concepts overlaid with constitutional implications. Here's a review.

Power company has a duty to respond to a downed power line with due care

November
2009
Illinois Law Update
Page 552
On August 27, 2009, the Illinois Appellate Court, Fourth District, reversed and remanded the grant of summary judgment by the Circuit Court of Cook County in favor of the defendant power company, finding that there was a genuine issue of material fact as to whether defendant breached its duty to the plaintiff to respond to a downed power line with due care.

Predictions, Probabilities and the Magic 8-Ball

November
2009
Column
Page 585
Despite the best analysis of the best evidence, predicting human behavior is a risky business.

Presenting property tax appeals

October
2009
Column
Page 532
Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?

The Price of Not Paying: Tools for Enforcing Child-Support Collection

By Sara L. Busche
January
2009
Article
Page 32
Illinois child-support obligors who refuse to pay risk losing driving privileges, professional licenses, the right to hunt or fish, and other penalties.

Procedures for disposing of confidential records updated

February
2009
Illinois Law Update
Page 70
The State Records Commission amended Title 44 of the Illinois Administrative Code, which regulates Government Contracts, Procurement, and Property Management. 44 Ill Adm Code 4400.

Professional Responsibility Revisited: New Illinois Rules Coming Soon

By Tom Gaylord
September
2009
Column
Page 472
The new rules have extensive official commentary, something missing from the current RPC.

Promissory Estoppel: Alive and Well in Illinois

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
The Illinois Supreme court holds that promises "reasonably inducing action or forbearance" are binding in Illinois.

A property owner has a duty to provide a safe means of ingress and egress only for areas clearly designated for such purposes

August
2009
Illinois Law Update
Page 392
On May 29, 2009, the Illinois Appellate Court, Third District, affirmed the Circuit Court of Warren County's grant of summary judgment for the defendant after the plaintiff fell and injured himself on the defendant's property and sued defendant. 

Proving Proximate Cause in Malpractice Cases

By Terrence J. Lavin and Kristina M. Lau
May
2009
Article
Page 254
Illinois courts are still struggling to determine the plaintiff's proper burden of proving proximate cause in "lost chance" cases.

The Public Construction Bond Act amended. PA 095-1011

April
2009
Illinois Law Update
Page 174
The Illinois General Assembly amended section 1 of the Public Construction Bond Act to expand the requirements for bonds by contractors for state construction projects. 30 ILCS 550/1.

Public smoking restrictions amended. PA 095-1029

May
2009
Illinois Law Update
Page 226
The Illinois general Assembly amended several sections of the Smoke Free Illinois Act. 410 ILCS 82/10 et seq. Section 15 of the Act was amended to provide that an owner of a place of employment, public place, or government vehicle, as those terms are defined by the Act, "shall reasonably assure that smoking" is prohibited unless specifically allowed under section 35 of the Act.

Purchasers of mortgaged real estate must give detailed notice to tenants. PA 096-0111

December
2009
Illinois Law Update
Page 604
Tenants must be given detailed notice of mortgage foreclosures, under new regulations passed by Illinois lawmakers. 

“Rape Shield” for Civil Lawsuits

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
An Illinois House bill would extend the prohibition against admitting evidence of an alleged victim's sexual history to sexual harassment charges.

Read the letters to the Editor

December
2009
Column
Page 594
Use trusts, not wills in most cases; Robes, dickies, and wigs.

The Ready answer: Settling Defendants’ Fault Can’t Be Used to Determine Joint Liability

By David E. Mueller and Jennier L. Wolf
June
2009
Article
Page 294
The Illinois Supreme Court held in Ready that settling defendants are excluded from the joint-and-several-liability equation, leaving nonsettling defendants at risk of higher payout.

Real estate lawyers fear “law related services” definition

By Helen W. Gunnarsson
January
2009
LawPulse
Page 10
 Defining "law related services" in Illinois' ethics rules could encourage UPL, pose malpractice risks, and cause other problems, real estate lawyers tell the supreme court.

Real Estate on Hold

By James K. Weston
April
2009
Column
Page 206
The real-estate market, still frozen by fear, is producing few opportunities.

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