Publications

Articles From 2011

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The Power of Pre-Suit Discovery: Supreme Court Rule 224

By Timothy J. Harris
March
2011
Article
Page 136
Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.

Process servers may be refused entry into correctional institutions and jails. PA 096-1451

March
2011
Illinois Law Update
Page 124
Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.

Property owners can seek tax reimbursement for annexed properties. PA 096-1351

January
2011
Illinois Law Update
Page 16
Under amendments to the Property Tax Code, property owners can seek reimbursement for taxes paid on annexed property beginning in the 2010 tax year. 35 ILCS 200/20-27.

Prospective jurors who are excused because of a permanent disability may never serve as a juror. PA 097-0436.

November
2011
Illinois Law Update
Page 556
The Jury Act and the Jury Commission Act have been amended to prohibit persons who have been excused from jury duty due to a total and permanent disability from ever serving as a juror again. (705 ILCS 305/10.4, 10.5 new).

Public employee benefits protected during furlough. PA 096-1535

June
2011
Illinois Law Update
Page 286
The Illinois Pension Code has been amended to enable public workers to establish creditable service and earn credits in the public employee retirement system during furloughs.

QR and the Illinois Bar

By John G. Locallo
August
2011
Column
Page 380
What QR codes are and how to use them to promote your practice.

The Real Heroes of Member Service

By Mark D. Hassakis
May
2011
Column
Page 220
The ISBA works because we - all of us - make it work.

Rebate offers need to be accompanied by conspicuous and clear disclosures. PA 097-0308.

November
2011
Illinois Law Update
Page 556
Retailers offering merchandise rebate offers must now abide by new disclosure requirements. (815 ILCS 505/2LLL new).

Recent Business Legislation and Trends: the Secretary of State’s Perspective

By Michelle Nijm and Terrence J. McConville
March
2011
Column
Page 158
Among other changes, corporate filings now need only be made with the SOS, not with counties.

Registration of vehicles used in gunrunning may be suspended. PA 097-0540.

November
2011
Illinois Law Update
Page 556
Illinois lawmakers have amended the Illinois Vehicle Code to address the registration status of vehicles used in gunrunning violations (625 ILCS 5/3-704).

Regulations adopted to implement Small Business Job Creation Tax Credit Act

March
2011
Illinois Law Update
Page 124
The Department of Commerce and Economic Opportunity recently adopted regulations necessary to successfully implement the Small Business Job Creation Tax Credit Act. 35 ILCS 25/5 and 15.

Regulations amended for relocation towing contractors

February
2011
Illinois Law Update
Page 72
The Illinois Commerce Commission recently amended regulations governing contractors engaged in relocation towing of vehicles.

Regulations tightened for demolishing buildings containing hazardous air pollutants. PA 096-1536

June
2011
Illinois Law Update
Page 286
Illinois lawmakers have amended the Counties Code, Illinois Municipal Code, and the State Mandates Act to better regulate the demolition and renovation of buildings containing hazardous air pollutants such as asbestos. 55 ILCS 5/5-1063.5; 65 ILCS 5/11-39-2.5; 30 ILCS 805/8.35.

Relation-back doctrine not limited by dramshop act’s statute of limitations

December
2011
Illinois Law Update
Page 610
A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.

Remedies for Abusive Debt Collection: An Illinois Lawyer’s Guide

By Jeremy A. Gogel
July
2011
Article
Page 358
An overview of penalties available under federal and state law for abusive collection techniques.

Representing Students and Parents in School Residency Challenges

By Matt Keenan and Eleonora di Liscia
January
2011
Article
Page 40
With public schools under increasing financial pressure, legitimate district residents are sometimes presented with a tuition bill. Here's what to do when it happens to your client.

Restrictions imposed on municipality or county-enacted automated traffic law ordinances. PA 096-1016

February
2011
Illinois Law Update
Page 72
The Illinois Vehicle Code has been amended to impose rules governing automated traffic law ordinances enacted by municipalities or counties. 625 ILCS 5/11-208.

Restrictions placed on the display of state PSA’s and advertisements. PA 097-0013

August
2011
Illinois Law Update
Page 388
An amendment has been made to the State Officials and Employees Ethics Act regarding public service announcements and promotional material. 5 ILCS 430/5-20.

Retaliatory-discharge claim against town not time-barred by Tort Immunity Act

October
2011
Illinois Law Update
Page 496
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).

The Right of Publicity in Illinois

By John M. Touhy and Lauren R. Noll
March
2011
Article
Page 148
Illinois's right of publicity lets people limit the appropriation of their likeness, a power restricted by the First Amendment. Where to draw the line? Here's what courts are doing.

Rules for non-highway vehicles used for farming purposes amended. PA 096-1434.

July
2011
Illinois Law Update
Page 336
The Illinois Vehicle Code has been amended to modify restrictions for non-highway vehicles (625 ILCS 5/11-1426.1).

Safe driver renewal program rules codified

January
2011
Illinois Law Update
Page 16
The Secretary of State (Secretary) recently adopted a new section as part of the Issuance of Licenses regulations in the Illinois Administrative Code. The new section governs the issuance of renewal licenses to Illinois residents eligible for safe driver renewal.

School districts may charge up to $250 for driver education courses. PA 097-0145

October
2011
Illinois Law Update
Page 496
The Illinois School Code has been amended to allow school districts to increase driver education course fees to an amount not exceeding $250. (105 ILCS 5/27-24.2).

School districts must provide criminal record information upon request. PA 097-0248

October
2011
Illinois Law Update
Page 496
Illinois lawmakers have amended the School Code to require school districts to provide certain criminal record check results and Statewide Sex Offender Database check results that it obtained within the past year upon request. (105 ILCS 5/10-21.9, 5/34-18.5)

School social workers must learn how to detect and prevent adolescent and teen suicide. PA 096-0951.

July
2011
Illinois Law Update
Page 336
The School Code has been amended to require school social workers who work with 7th through 12th graders to receive training for the detection and intervention of student suicide (105 ILCS 5/34-18.7).

Schools may suspend or expel students for gross disobedience or misconduct committed online. PA 097-0340.

November
2011
Illinois Law Update
Page 556
Illinois lawmakers have amended the School Code to enable school boards to suspend or expel students for committing gross disobedience or misconduct using electronic means. (105 ILCS 5/10-22.6).

Selling Out

By Helen W. Gunnarsson
January
2011
Article
Page 20
The 2010 update of Illinois' ethics rules make it easier to sell a law practice. But what about practical issues like valuation and transition planning? Seasoned solos offer advice.

Service by publication insufficient for eminent domain proceeding

August
2011
Illinois Law Update
Page 388
Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.

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