Publications

Articles From 2010

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Business Lawyers and the New Ethics Rules

By Markus May
October
2010
Column
Page 540
It's now easier to represent multiple clients, and to practice in Illinois if you're from out of state.

Can you cite to unpublished opinions?

By Helen W. Gunnarsson
June
2010
LawPulse
Page 286
In Illinois state court, no. In Illinois-based federal district courts, yes.

The Case for a Narrow Commercial Fraud Exception to the Moorman Doctrine

By Travis J. Quick
June
2010
Article
Page 318
Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.

Change in licensing requirements for low-level radioactive waste disposal facilities

November
2010
Illinois Law Update
Page 564
The Illinois Emergency Management Agency recently amended the requirements governing low-level radioactive waste disposal facilities in Illinois. 32 Ill Adm Code 601 et seq. 

Changes in forms of property tax payment. PA 096-1250

October
2010
Illinois Law Update
Page 508
The Property Tax Code has been amended regarding the payment of taxes. (35 ILCS 200/20-25).

A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c)

May
2010
Illinois Law Update
Page 236
On February 25, 2010, the Appellate Court of Illinois, First District, affirmed in part and vacated in part the decision of the Circuit Court of Cook County, which ruled that an hourly fee of $66.95 for a deposition was reasonable for a chiropractor and entered a contempt order against the chiropractor for refusing to comply with the court's discovery order.

“Cite,” not “cite to”

August
2010
Column
Page 390
See comments from our readers.

Civil penalties heightened for destroying crops. PA 096-0529

February
2010
Illinois Law Update
Page 72
Illinois lawmakers in recent months beefed up the civil penalties for destroying a farmer's crops. Under amendments to the Criminal Code of 1961, any person who knowingly damages another's crops is liable to the crop owner for money damages "up to twice the market value of the crops damaged or destroyed." 720 ILCS 5/21-1.  

Clarifications made to the contact sports exception to negligence claims

March
2010
Illinois Law Update
Page 128
On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.

Clearer Guidance for Estate Planning Lawyers

By Katarinna McBride and Graham B. Schmidt
August
2010
Column
Page 433
What about clients with diminished capacity? Confidentiality and prospective clients? Here's a look.

Codifying Illinois’s rules of evidence

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
A supreme court committee's proposed organizational scheme, fashioned after the Federal Rules of Evidence, would pull together Illinois' widely scattered evidence rules.

Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records.

January
2010
Illinois Law Update
Page 16
On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 

Collecting on a federal-court judgment

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
Here's a step-by-step guide to actually getting that money you won for your client in federal court. The key: effectively using the powerful citation to discover assets.

Colorectal cancer screening and treatment pilot program approved. PA 096-0325

February
2010
Illinois Law Update
Page 72
Colorectal cancer results in the death of nearly three thousand Illinoisans each year. It is the third most frequently diagnosed form of cancer in the state of Illinois. 

Committee charged with helping improve Illinois’ mental health courts

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342
The supreme court has asked the committee to make recommendations for better information sharing, training for judges, and other improvements.

The common-fund doctrine applies to hospital liens

May
2010
Illinois Law Update
Page 236
On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.

Compensation for Family Caregivers

By Margot Gordon
May
2010
Article
Page 256
Custodial claims enable family members who cared for a now-deceased relative to be compensated for their years of unpaid or underpaid caregiving. Here's how it works.

Conduct that qualifies as insulting or provoking contact defined

March
2010
Illinois Law Update
Page 128
On December 23, 2009, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Du Page County, which convicted the defendant of battery for insulting or provoking the complainant by touching her with his knees in a dispute in an office smoking lounge.

Confessions of an Illinois Judgment

By Michael G. Cortina
November
2010
Article
Page 578
As more loans go bad, banks looking to collect from defaulting borrowers are turning to judgments by confession. Here's how they work.

A Contractor’s Legal Guide to the American Recovery and Reinvestment Act

By Louis J. Gale
September
2010
Article
Page 472
A look at the provisions contractors and their lawyers need to be aware of as they consider taking on ARRA-funded projects.

Controlling Case Expenses: Lawyers’ Duty to Clients

By Robert L. Fogel, Michael S. Young, and Katie M. King
May
2010
Article
Page 244
A look at the trial lawyer's fiduciary and ethical responsibility to disclose, monitor, and control reimbursable case expenses incurred on behalf of clients.

“Conversation” for the Eavesdropping Act includes teaching

February
2010
Illinois Law Update
Page 72
On December 8, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Stephenson County, finding that the defendant's proposed policy of operating audio-recording equipment in special-education classrooms violated section 14-2(a)(1) of the Illinois Criminal Code (hereinafter the Illinois Eavesdropping Act or Act).

Counties empowered to create consolidated drug courts.PA 096-0776

January
2010
Illinois Law Update
Page 16
Illinois lawmakers recently amended the Drug Court Treatment Act to allow counties in the same judicial district to form a single drug court.

Court okays $20 handling fee for medical records

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).

Court Supervision after Padilla v Kentucky

By Gary J. Ravitz
July
2010
Article
Page 362
Lawyers who misinform clients about supervision could be in for trouble, especially when deportation is at stake.

Court: Prevailing Wage Act does not apply to the TIF-financed pricate contractor

By Helen W. Gunnarsson
January
2010
LawPulse
Page 10
Supporters of the fourth-district decision say it, along with new legislation, will encourage private development and spur growth.

Criminal Lawyers and the New Ethics Rules

By Randall Rosenbaum
June
2010
Column
Page 326
Now lawyers must keep "information" (not just "secrets") confidential.

Cross reporting encouraged between Animal Control and the Department of Children and Family Services. PA 096-0494

May
2010
Illinois Law Update
Page 236
Illinois lawmakers amended multiple Acts with the aim of facilitating cross-reporting between those charged with investigating possible animal and child abuse and neglect violations.

Cwik: state need not pay interest on unclaimed property

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342

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