Publications

Articles From 2010

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Pages

2008 Global Credit Crisis and the Impossibility of Performance Doctrine

October
2010
Illinois Law Update
Page 508
On July 19, 2010, the Appellate Court of Illinois, First District, upheld a section 2-615 motion to dismiss from the Circuit Court of Cook County, finding that the 2008 global credit crisis was not adequate grounds to rescind a contract under the doctrine of impossibility of performance.

2010 Spring Session Roundup

By Jim Covington
August
2010
Column
Page 404
A summary of key Illinois legislation passed this spring.

ABCs for GALs

By Helen W. Gunnarsson
November
2010
Article
Page 572
You'd like to serve as a GAL, child rep, or attorney for the child - how do you play this important but challenging role? Seasoned lawyers offer dos, don'ts, and tips.

ABN AMRO: A victory for the foreclosed-upon

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.

Added fines for failure to appear. PA 096-1431

October
2010
Illinois Law Update
Page 508
The Code of Criminal Procedure of 1963 was amended affecting those persons subject to bail bond. (725 ILCS 5/110-7)

Admissibility of Government Wiretaps after People v Coleman

By David J. Robinson
January
2010
Article
Page 44
Coleman created an exception to the Illinois eavesdropping statute for joint state and federal investigations. The author criticizes the case and considers its practical implications.

ADR and the New Rules: The Role of Third-Party Neutrals

By Thomas D. Cavenagh
September
2010
Column
Page 482
The ethical obligations of attorneys practicing as third-party neutrals.

Agency rules must include analysis of effect on small businesses. PA 096-1448

December
2010
Illinois Law Update
Page 616
The Illinois General Assembly now requires that any agency enforcing a rule must provide an economic impact analysis of the rule's effect on small businesses. 5 ILCS 100/5-30.

Aggravated battery with a firearm law now protects students; Unlawful use of weapons law extends protection to public transportation facilities. Public Act 096-0041

January
2010
Illinois Law Update
Page 16
State lawmakers amended the charge for aggravated battery with a firearm to include protection for students.

All Hail the Illinois Rules of Evidence

By Helen W. Gunnarsson
December
2010
Article
Page 620
On January 1, Illinois finally joins the vast majority of states by codifying its rules of evidence. Here are highlights of the new code.

Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims

February
2010
Illinois Law Update
Page 72
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

Amendment to the Trusts and Trustees Act regarding lapse of power to withdraw. PA 096-0980.

September
2010
Illinois Law Update
Page 452
According to Illinois lawmakers, even if a beneficiary of a trust releases or waives his or her power to withdraw or allows it to lapse, the beneficiary still may not be considered to be a settlor or to have made a transfer to the trust. (755 ILCS 5/16.2)

Amendments aid state collection of tax revenues from tobacco retailers

November
2010
Illinois Law Update
Page 564
The Illinois Department of Revenue recently amended regulations designed to aid in the collection of tax revenues on tobacco products as authorized by the Tobacco Products Act of 1995 (35 ILCS 143 et seq).

Amendments clarify rights with respect to contested paternity. PA 096-0333

February
2010
Illinois Law Update
Page 72
State lawmakers amended the Vital Records Act with respect to the procedures for registering certain live births. 410 ILCS 535/12.

Amendments ease ID requirements for first-time college voters. PA 096-0317

January
2010
Illinois Law Update
Page 16
College students voting for the first time now can prove their identity simply by producing a student identification card and proof of residence, under new amendments to the Election Code. 

Analyzing Occurrences in Insurance Coverage Cases: The Cause Theory After Addison v Fay

By Ross B. Edwards
March
2010
Article
Page 152
When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.

The Anna Nicole Smith Case: an Opera in Five Acts

By Katarinna McBride
May
2010
Column
Page 266
Is the battle over Anna Nicole Smith's husband's estate finally over?

Any settlement between a plaintiff and a defendant/ agent must also extinguish the principal’s vicarious liability

June
2010
Illinois Law Update
Page 292
On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.

Appeal of Pretrial Discovery Orders in Illinois

By Charles D. Knight
December
2010
Article
Page 632
A wrongly issued pretrial discovery order threatens to undermine your case - what can you do to get a second opinion at this early stage in the litigation? More than you might think.

Are you ready for health care reform?

By Helen W. Gunnarsson
October
2010
LawPulse
Page 502

Asian carp reduction pilot program established. PA 096-0452

May
2010
Illinois Law Update
Page 236
The Department of Natural Resources has been charged with running a year-long pilot program focused on harvesting Silver Carp and Bighead Carp, two invasive species in the Illinois River, in order to facilitate an increase in population of native fish.

(Asset) Buyer Beware

By Sherwin D. Abrams
December
2010
Column
Page 644
Warning to buyers of going businesses: you may be buying some of your sellers' liabilities.

At long last, the codified Illinois Rules of Evidence

By Helen W. Gunnarsson
November
2010
LawPulse
Page 558

Attacking Rule 137 Sanctions Motions as Pleadings

By Andrew R. Schwartz and Thomas J. Kanyock
April
2010
Article
Page 196
Is a Rule 137 motion for sanctions a "pleading" that can be attacked as such under Illinois law? The authors argue yes.

Attorney Fees in Domestic Relations Cases: The 2009 Amendments to “Leveling of the Playing Field”

By the Attorney Fees Committee of the ISBA Family Law Section Council
March
2010
Article
Page 136
Learn about important changes to the attorney fee provisions of the Illinois Marriage and Dissolution of Marriage Act.

Attorney for the Trust: Does Attorney-Client Privilege Belong to the Trustee or the Beneficiary?

By Tina N. Babel
October
2010
Article
Page 524
Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.

Averett a win for prosecutors

By Helen W. Gunnarsson
June
2010
LawPulse
Page 286
The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.

Avoiding Withdrawal Pains

By Helen W. Gunnarsson
May
2010
Article
Page 240
You've had enough of the Client from Hell and you need to withdraw from the representation. The good news - you almost certainly can. Just make sure you do it properly.

Back to the Future: Estate Planning for 2010 and Beyond

By Katarinna McBride
November
2010
Column
Page 590
Estate planners look for ways to use this year's expiration of the estate tax to clients' advantage.

Bankruptcy lawyers are “debt relief agencies,” high court rules

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342
As such, they may not advise clients to incur additional debt and must label themselves "debt relief agencies" in ads.

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