Publications

Articles From 2011

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Correspondence from Our Readers

September
2011
Column
Page 430
And while you're figuring out Twitter…; Highest objective of legal education is preparing "educated citizens."

Correspondence from Our Readers

July
2011
Column
Page 326
Righties and lefties; let jurors ask questions.

Correspondence from Our Readers

June
2011
Column
Page 274
Oral arguments, common fund doctrine, civil unions, and more.

Correspondence from Our Readers

May
2011
Column
Page 218
Death of oral argument; the way to the courthouse; being in the moment.

Correspondence from Our Readers

January
2011
Column
Page 6
Another approach to judicial selection

Counties with more than three million residents required to accept credit card property tax payments. PA 096-1248

January
2011
Illinois Law Update
Page 16
Beginning on January 1, 2012, a county with a population of more than three million is obligated to accept credit card payments for each installment of property taxes. (35 ILCS 200/20-25).

Court affirms award of attorney’s fees in dissolution of marriage case

October
2011
Illinois Law Update
Page 496
The court found that, despite Petitioner Kristina Baniak's claims, the lower court had subject matter jurisdiction to hear the case regarding attorney's fees and that Baniak had waived all other issues raised in her appeal.

Court exercises jurisdiction over Canadian automobile assembler

September
2011
Illinois Law Update
Page 440
An Illinois court affirmed a decision denying Chrysler Canada, Inc.'s motion to dismiss for lack of personal jurisdiction because Chrysler had sufficient minimum contacts.

Court finds subject matter jurisdiction in legal malpractice suit arising out of patent infringement claim

September
2011
Illinois Law Update
Page 440
An Illinois Appellate Court found that a prior court's resolution of an issue arising under federal patent law was sufficient to allow a state court to claim subject matter jurisdiction where there were no other remaining issues arising under federal patent law.

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders

By Robert D. Kreisman
November
2011
Article
Page 568
Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.

A Cure for the Wandering Mind

By Karen Erger
April
2011
Column
Page 206
Living in the present offers rich spiritual rewards - and leads to fewer errors.

DCFS may not employ sexually dangerous persons. PA 097-0103

October
2011
Illinois Law Update
Page 496
The Children and Family Services Act has been amended to prohibit the Department of Children and Family Services from employing sexually dangerous persons.

Death penalty is abolished. PA 096-1543

May
2011
Illinois Law Update
Page 228
Illinois lawmakers have abolished the death penalty in Illinois and all existing sentences may not be imposed. (725 ILCS 5/119-1 new). All monies previously held in the Capital Litigation Trust Fund are now to be used to provide services for families of the victims of homicide and to provide training for law enforcement personnel.

Defendants to be charged $5 Electronic Citation Fees. PA 096-1210

January
2011
Illinois Law Update
Page 16
Illinois lawmakers have amended the Clerks of Courts Act to require each circuit court clerk to charge and collect an electronic citation fee of $5. (705 ILCS 105/27.3e).

Defending a DUI client who said “no” to the police

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Definition broadened for “maintaining a place of business” in Illinois. PA 096-1544

June
2011
Illinois Law Update
Page 286
The Use Tax Act and Service Use Tax Act have been amended to broaden the definition of a "retailer" or "serviceman" who is "maintaining a place of business in this state." 35 ILCS 105/2; 35 ILCS 110/2.

The Demise of the General Willful and Wanton Exception to the Tort Immunity Act

By Michael D. Bersani
July
2011
Article
Page 348
In Ries v City of Chicago, the Illinois Supreme Court held that willful and wanton conduct does not create a general exception to the Tort Immunity Act's blanket immunities.

Dental home initiative for children covered by All Kids. PA 097-0283

October
2011
Illinois Law Update
Page 496
The Children's Health Insurance Program Act, Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code have been amended to require the Department of Health and Human Services to work with the dental community and other organizations to develop a dental home for children covered under the Acts. (215 ILCS 106/65 new; 215 ILCS 170/54 new; 305 ILCS 5/5-5.06 new).

Distressed Homeowners Need Lawyers, Not Legislation

By Steven B. Bashaw and Joseph R. Fortunato
January
2011
Column
Page 44
Those faced with foreclosure need legal advice, not more legislation.

A Divorce Lawyer’s Guide to the Illinois Fraudulent Transfer Act

By Andrew R. Schwartz, Thomas J. Kanyock, and Karen Jeffreys
September
2011
Article
Page 462
Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hides assets. Never fear - the Illinois Uniform Fraudulent Transfer Act is here.

Does Your Law Firm Need a Virtual Reality?

By Peter R. Olson
October
2011
Article
Page 516
Is it time to move your practice online? Internet-based legal software innovations offer practitioners ways to cut costs while expanding their potential client base.

Doing Well and Doing Good: Low-Profit Limited Liability Companies

By Bradford E. Block
June
2011
Article
Page 310
Low-profit LLCs - "L3Cs" - can attract investment that conventional nonprofits cannot, and Illinois is one of the few states that allow them. Here's how they work.

Domestic Violence Fund extended to civil unions. PA 097-0004

August
2011
Illinois Law Update
Page 388
The State Finance Act has been amended to extend the Domestic Violence Fund to persons entered into civil unions. 30 ILCS 105/6z-72.

Don’t be an oddsmaker

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
It's a bad idea - maybe even an ethics no-no - to tell clients what you think their chances of winning are, an ISBA lawyer opines.

Don’ts for Divorcing Parents

By H. Joseph Gitlin
April
2011
Column
Page 210
Lawyers should help clients keep children beyond the fray.

Downsizing Shareholders’ Fiduciary Duties

By Lin Hanson
June
2011
Column
Page 314
The fiduciary obligations of corporate shareholders get a trim.

Drivers can avoid license suspension for traffic violations by beginning payment plans. PA 096-1184

June
2011
Illinois Law Update
Page 286
Illinois lawmakers have amended the Illinois Vehicle Code to authorize the Secretary of State to reinstate the driver's license of a person whose license was suspended for failure to pay traffic-related fines or penalties if the person enters into a payment plan with a municipality.

Drivers must fasten safety belts for passengers unable to do it themselves. PA 096-0991

April
2011
Illinois Law Update
Page 180
Illinois lawmakers amended the Illinois Vehicle Code to require vehicle drivers to properly adjust and fasten seat safety belts for passengers who are unable to do it themselves. (625 ILCS 5/12-603.1).

DUI Will Travel: When Drunk Driving Crosses State Lines

By Theodore J. Harvatin
August
2011
Article
Page 406
What happens when an Illinoisan receives a DUI in another state or an out-of-stater is charged in Illinois? Here are the basics.

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