Publications

Articles From 2010

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Illinois Homeowner’s Emergency Assistance Program enacted. PA 096-0921

August
2010
Illinois Law Update
Page 400
The Illinois Housing Development Authority has been granted the power to provide financial assistance to qualifying Illinois homeowners.

Illinois implements changes to Nurse Practice Act

December
2010
Illinois Law Update
Page 616
The Department of Financial and Professional Regulation recently amended section 1300 of the Nurse Practice Act, which lays out many of the regulations governing Advanced Practice Nurses (APNs), Registered Nurses (RNs), and Licensed Practical Nurses (LPNs). 68 Ill Adm Code 1300 et seq.

Illinois implements heightened safety standards for pools and spas

May
2010
Illinois Law Update
Page 236
The Illinois Department of Public Health recently adopted heightened safety standards on pools and spas.

Illinois Interscholastic Association protected from defamation claims. PA 096-0723

June
2010
Illinois Law Update
Page 292
Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.

Illinois Lawyer Finder: ISBA’s Member-Client Connection

By Mark D. Hassakis
October
2010
Column
Page 500
Illinois Lawyer Finder can connect you with clients. Shouldn't you be there?

Illinois military code amended. PA 096-0822

March
2010
Illinois Law Update
Page 128
Under the Illinois Military Code, grants from the Illinois Military Family Relief Fund are now available for Illinois residents who are part of the Reserves of the United States Armed Forces or Illinois National Guard members and were injured while deployed in support of operations undertaken as a result of the September 11th terrorist attacks. 

Illinois modifies rules pertaining to the electronic prescription monitoring program

March
2010
Illinois Law Update
Page 128
The Illinois Department of Human Services (the department) recently amended the state's currently existing electronic prescription monitoring program (the program).  

Illinois motorists face stiffer penalties for driving recklessly near bicyclists. PA 096-1007

September
2010
Illinois Law Update
Page 452
Illinois bicyclists have been provided greater protection through recent changes to the Illinois Vehicle Code. (625 ILCS 5/11-703).

Illinois Municipal Code and implied preemption

October
2010
Illinois Law Update
Page 508
On July 27, 2010, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding that a local ordinance defining an abandoned gasoline station as a nuisance was not preempted by section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1). 

The Illinois Predator Accountability Act: A Sleeping Giant

By Christopher P. Keleher
November
2010
Article
Page 582
The Illinois Predator Accountability Act of 2006 allows victims of sexual exploitation to sue pimps, brothels, and customers. Learn about the law's potential and pitfalls.

Illinois Supreme Court upholds reduction of punitive damages award

By Helen W. Gunnarsson
June
2010
LawPulse
Page 286
But the standard by which punitive awards should be measured remains unclear.

Illinois Supreme Court: statutory med-mal caps are unconstitutional

By Helen W. Gunnarsson
March
2010
LawPulse
Page 122
By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.

The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures

By Kevin M. Hudspeth
October
2010
Article
Page 520
Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?

The Implied Warranty of Habitability in Illinois: A Critical Review

By Roger L. Price and M. Ryan Pinkston
February
2010
Article
Page 92
A look at the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers.

Inaugural Animal Law newsletter highlights ISBA’s newest section

By Helen W. Gunnarsson
March
2010
LawPulse
Page 122
The range of articles reflects the diversity and broad reach of animal-law practice.

Increased minimum awards for surviving spouses of a deceased Illinois resident. PA 096-0968

September
2010
Illinois Law Update
Page 452
Illinois lawmakers have granted surviving spouses a larger minimum award from the estate of the deceased. (755 ILCS 5/15-1) 

Introducing the New and Improved Minor Guardianship Statute

By Margaret C. Benson
December
2010
Article
Page 628
An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases and otherwise honors the rights of parents while protecting children.

Involuntary commitment provision of Mental Health Code overturned

By Helen W. Gunnarsson
January
2010
LawPulse
Page 10
The Illinois Appellate Court rules that a code provision allowing involuntary commitment for "dangerous conduct" is unconstitutionally vague.

Is a Not-Yet-Paid Contingent Fee Marital Property?

By H. Joseph Gitlin
October
2010
Column
Page 542
A divorcing lawyer has earned a big fee but hasn't been paid. Is the fee award marital property?

Is Selling Title Insurance a “Business Transaction”?

By Joseph R. Fortunato and Steven B. Bashaw
January
2010
Column
Page 50
A reference to the sale of title insurance in the new rules has some lawyers concerned.

Is your client a nonresident of Illinois for state income tax purposes?

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342
The Illinois Department of Revenue is looking closely at former Illinois residents who claim residency in other states while maintaining ties to Illinois.

Is Your Metadata Showing? Avoiding Document-Sharing Disasters

By Helen W. Gunnarsson
February
2010
Article
Page 76
Here's how to ensure that your documents' metadata, including comments and proposed changes, are viewed only as intended.

ISBA ethics opinions: updated and easier to research

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610

ISBA Lawyers Do Care

By Mark D. Hassakis
July
2010
Column
Page 340
They care about strengthening communities, helping children, and more.

ISBA Mutual - A Success Story for Illinois Lawyers

By John G. O’Brien
January
2010
Column
Page 8
Here's what sets this lawyer-owned insurance company apart.

ISBA Opinion 10-02 Reins in Real Estate Brokers

By Peter J. Birnbaum
April
2010
Column
Page 212
This new ethics opinion is good news for real estate lawyers, the author contends.

It’s settled - mortgage foreclosure actions are quasi in rem proceedings

August
2010
Illinois Law Update
Page 400
The Illinois Supreme Court in June upheld decisions of the Circuit Court of Cook County, finding that mortgage foreclosure actions are quasi in rem proceedings.

“It’s Toasted”: Lawyer websites and the rules of ethics

By Karen Erger
December
2010
Column
Page 645
So what can you say and do on your website? A new ABA ethics opinion provides guidance.

Join an ISBA Committee or Section

By Mark D. Hassakis
January
2010
Column
Page 9

A judge’s guide to drafting orders

By Helen W. Gunnarsson
May
2010
LawPulse
Page 230
A bankruptcy judge's 18 guidelines for drafting orders are a surprise hit on the blawgging circuit.

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