2009 Articles

State police to video tape all traffic stops. PA 095-1009

February
2009
Illinois Law Update
, Page 70
Illinois lawmakers amended the State Police Act to add section 30, which requires the use of video recording cameras in patrol vehicles. 20 ILCS 2610/30.

Stranger-Owned Life Insurance: The Rewards: a Fictional Case Study

By Stephen M. Margolin & Valerie J. Freireich
November
2009
Article
, Page 568
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

Stranger-Owned Life Insurance: The Risks and How to minimize them

By James C. Shanley
November
2009
Article
, Page 569
An elderly - and wealthy - person lets investors buy insurance on his life in return for cash, and everyone makes money. Or do they?

Strict Liability for Sexual Harassment by Supervisors

By Cynthia H. Hyndman, Robert Margolis, & Aleeza Strubel
September
2009
Article
, Page 454
The Illinois Supreme Court's Sangamon County Sheriff's Department decision subjects employers to strict liability for sexual harassment by their supervisors. So, who is a supervisor?

Strip-search of student violates Fourth Amendment

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
Education lawyers say the U.S. Supreme Court’s Safford ruling confirms their longstanding advice to school officials: don’t strip-search kids.

Subpoena for medical records

January
2009
Illinois Law Update
, Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

Supreme Court: No “transferred negligence” between husband and wife

By Helen W. Gunnarsson
November
2009
LawPulse
, Page 546
As a consequence, a woman's estate can't sue those who provided health care to her husband, who killed her.

Taking Down Your Shingle

By Helen W. Gunnarsson
January
2009
Cover Story
, Page 20
Selling or otherwise closing your private practice? Don't forget to take care of important business before you do.

Tech tools for solos

By Helen W. Gunnarsson
September
2009
LawPulse
, Page 438
Every sole practitioner needs a smart phone, a laptop, a scanner, and a good backup system. Here's why.

Telling a prospective client “I’m just not that into you”

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
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The term “emergency” in the Employee Benefits Act encompasses a variety of situations

January
2009
Illinois Law Update
, Page 16
On November 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County finding that the plaintiff was entitled to benefits under the Public Safety Employee Benefits Act (Employee Benefits Act), 820 ILCS 320/1 et seq.

Text-messaging while driving banned; Cell phone use prohibited in school and construction zones. PA 096-130 and PA 096-131

November
2009
Illinois Law Update
, Page 552
Motorists across the state soon must obey new laws banning text messaging while driving and prohibiting the use of cell phones in school zones and construction areas.

There’s no day like today to pay your ARDC registration fee

By Helen W. Gunnarsson
February
2009
LawPulse
, Page 64
 The cost of bringing yourself into compliance goes up the longer you wait.

Twitter and Linkedin and Facebook. Oh My!

By Helen W. Gunnarsson
June
2009
Cover Story
, Page 288
Are you Linkedin? Facebooking? Tweeting? Or still figuring out what it's all about and why you should care? Here's a lawyer's guide to social networking.

Two Corporate Communications Your Client May Be Getting

By Stephen Proctor
June
2009
Column
, Page 312
One should be ignored. The other must be reviewed and answered carefully.

Understanding Uninsured and Underinsured Motorist Provisions

By Helen W. Gunnarsson
March
2009
Article
, Page 126
UM/UIM provisions can salvage what would otherwise be a no-recovery case, but you need to understand your clients’ liability policies, not just the tortfeasors’.

Uniform Disposition of Unclaimed Property act amended. PA 095-1003

May
2009
Illinois Law Update
, Page 226
Illinois lawmakers amended section 20 of the Uniform Disposition of Unclaimed Property Act. 765 ILCS 1025/20.

Urban Legends About Family Law

By H. Joseph Gitlin
October
2009
Column
, Page 528
Think men don't get custody or maintenance? Think again.

U.S. Supreme Court: Confrontation Clause requires lab analysts to testify

By Helen W. Gunnarsson
October
2009
LawPulse
, Page 490
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Victory for defendants in asbestos case

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.

Waiver of Minimum Required Distributions for 2009

By David A. Berek
February
2009
Column
, Page 102
A new law lessens the impact of the market downturn on retirement accounts.

Weathering the Storm

By Karen Erger
February
2009
Column
, Page 98
Don't make bad economic times worse with bad management decisions.

When Can You Defend Both a Corporation and Its Officers?

By Richard L. Miller II & Joshua E. Liebman
December
2009
Article
, Page 618
When they're sued, corporations and their officers often turn to the corporation's lawyer. But look out for conflicts of interest before you undertake joint representation.

When Does an Insured Have a Right to Independent Counsel?

By Robert P. Vogt
March
2009
Article
, Page 142
A look at the kinds of conflict of interest with insurers and others that trigger an insured’s right to independent counsel.

When is a Noncustodial Parent Entitled to Maintenance?

July
2009
Column
, Page 373
Is it customary for a court to award maintenance and/or attorney’s fees to a noncustodial parent who is on public assistance (the custodial parent is surviving on $34K per year)?

When it comes to corporate governance, formalities matter

By Helen W. Gunnarsson
April
2009
LawPulse
, Page 168
Help your corporate clients understand the importance of - and comply with - formalities such as preserving minutes, buying enough insurance, and the like.
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When one is injured twice in the same body part, the injuries are not automatically indivisible when apportioning liability

August
2009
Illinois Law Update
, Page 392
On May 29, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County ordering one of two defendants involved in two separate car accidents with the injured plaintiff to pay one half the total verdict, after the other defendant settled. 

When Recusal Leads to DEADLOCK: A Constitutional Cure

By J. Timothy Eaton & Lynn A. Ellenberger
October
2009
Article
, Page 510
The authors propose a constitutional amendment allowing replacement of Illinois Supreme Court justices when recusal makes rendering a decision impossible.

Where there’s another will, there may be a way

By Helen W. Gunnarsson
December
2009
LawPulse
, Page 598
The failure to contest a will does not always bar an action for intentional interference with an expectancy of inheritance, the supreme court rules.

Winning at Darwin’s Game

By Katarinna McBride
August
2009
Column
, Page 420
Survivor-style challenges and opportunities confront estate planners.