Publications

Articles From 2011

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Serving Those Who Serve

By John G. Locallo
November
2011
Column
Page 548
Let's pause this Veteran's Day to honor our military and the lawyers who serve them.

Sex offender registration changes: not worth the cost?

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Failing to implement legislation bringing Illinois into compliance with the federal Adam Walsh act is costing the state federal grant funds. But would enacting the law cost even more?

Sexual exploitation punishable when committed in virtual presence of person believed to be child. PA 096-1090

February
2011
Illinois Law Update
Page 72
The Criminal Code of 1961 is amended by Illinois lawmakers to incorporate virtual presence into possible means of committing the sexual exploitation of children. 720 ILCS 5/11-9.1.

A Sigh of Tax Relief

By Katarinna McBride
February
2011
Column
Page 100
There's a lot for estate planners to like about the new federal tax law.

Sole Proximate Cause: The “Empty Chair” Defense in Illinois

By Hon. William J. Haddad
March
2011
Article
Page 152
Was someone or something other than your client - perhaps someone who isn't a party - the "sole proximate cause" of the plaintiff's injury? Defense lawyers should explore the possibility.

Spooky Tales from the Malpractice Coverage Campfire

By Karen Erger
February
2011
Column
Page 104
Don't let exclusions in your malpractice coverage give you a scary surprise.

Standards change for School Construction Program grant awards

March
2011
Illinois Law Update
Page 124
The Capital Development Board recently changed standards used for awarding grants under the School Construction Program (20 ILCS 3105).

State agencies must use direct deposits to make employee payroll and some other payments. PA 097-0348

December
2011
Illinois Law Update
Page 610
Illinois lawmakers have amended the State Comptroller Act to require state agencies to use direct deposits in making payments to its employees and some vendors. (15 ILCS 405/9.03)

State Board of Education to provide funding for K-12 textbooks. PA 097-0570

December
2011
Illinois Law Update
Page 610
State lawmakers have amended the school code to establish the Textbook Block Grant Program (105 ILCS 5/2-3.153 new).

State creates greater opportunities for minority contractors. PA 097-0590

December
2011
Illinois Law Update
Page 610
The State Comptroller Act has been amended to introduce the Minority Contractor Opportunity Initiative (15 ILCS 405/23.9 new).

State grants for school districts to help homeless children. PA 096-1229

March
2011
Illinois Law Update
Page 124
The Education for Homeless Children Act has been amended to establish a state grant program to support Illinois school districts in aiding school enrollment, attendance, and success of homeless children and youths. 105 ILCS 45/1-50 new.

State to promote the use of electric vehicles. PA 097-0089.

September
2011
Illinois Law Update
Page 440
State lawmakers recently passed the Electric Vehicle Act in response to findings that the adoption and use of electric vehicles would improve Illinois residents' health, reduce transportation costs, and shift the demand for imported petroleum to locally produced electricity.

Statewide mentoring program launched by supreme court

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
Both mentors and mentees in the voluntary program will earn PMCLE credit.

Statute of repose bars legal malpractice claim

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.

Statutory Parenthood for Same-Sex Partners

By Professor Jeffrey A. Parness
December
2011
Column
Page 636
The Illinois Parentage Act should be amended to make it easier for same-sex partners to establish their parenthood.

Stay of Judgment Pending Appeal: Avoid the Appeal-Bond Trap

By Richard Lee Stavins
August
2011
Article
Page 410
Appellants often discover too late - and to their horror - that an appeal bond must be filed the same day the notice of appeal is due. Here's how the mysterious appeal-bond process works.

Substitute teachers can be required to fund inquiries into criminal history. PA 096-1489

March
2011
Illinois Law Update
Page 124
Illinois lawmakers have amended the School Code to allow schools to require substitute teacher applicants to pay the full costs of their criminal history checks.

Substitution of judge for cause: the high court keeps the bar high

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
The supreme court refused an invitation to hold that "appearance of impropriety," as opposed to proof of actual prejudice, is the standard for substitution of judge for cause.

Succession Planning and the Duty of Diligence

By John Cesario
January
2011
Column
Page 46
Succession planning might just be part of your ethical duty of diligence.

The Supreme Court Lowers the Bar for Post-Conviction Petitions

By Stephanie Anders and Rob Shumaker
December
2011
Article
Page 624
Recent Illinois Supreme Court cases make it less likely that criminal defendants' petitions will be quickly dismissed as frivolous under the Illinois Post-Conviction Hearing Act.

Supreme court okays emotional distress claims for wrongful birth

By Helen W. Gunnarsson
July
2011
LawPulse
Page 330
But the court held in the same case that parents cannot recover the costs of caring for a disabled adult child.

Supreme court: IPI instruction misstates med-mal standard of care

By Helen W. Gunnarsson
September
2011
LawPulse
Page 434
An Illinois Pattern Jury Instruction doesn't state the correct standard for determining whether a physician's conduct was reasonable in a med-mal case, the Illinois Supreme Court ruled.

Supreme court: med-mal statute of repose limits implied indemnity claims

By Helen W. Gunnarsson
March
2011
LawPulse
Page 118

Surviving the Death of Oral Argument

By Gino L. DiVito
April
2011
Article
Page 188
A retired appellate justice offers his view of what can be done to assure full and fair vetting of cases in a post-oral-argument world.

Tax credits available for small businesses that hire from Put Illinois to Work program. PA 096-1498

March
2011
Illinois Law Update
Page 124
The Illinois General Assembly has amended the Small Business Job Creation Tax Credit Act to provide tax relief for businesses that hire a new worker who was part of the Put Illinois to Work Program in 2010. 35 ILCS 25/10.

Ten Unreasonable Reasons Not to Report a Professional Liability Claim

By Karen Erger
August
2011
Column
Page 418
Don't let fear cloud your judgment when it comes to reporting claims.

Think Before You Ink: Insurance Matters

By Karen Erger
June
2011
Column
Page 317
Consulting your client's insurance agent can help you avoid trouble.

“This is why we become lawyers”: the Watkins counsel speak

By Helen W. Gunnarsson
June
2011
LawPulse
Page 280
Lawyers talk about the challenges and rewards of representing parties to the highly charged, nationally publicized Watkins visitation case.

To Tweet or Not to Tweet?

By Helen W. Gunnarsson
August
2011
Article
Page 396
Don't get Twitter? You're not alone. But lawyers are using it to reach out to fellow practitioners and communicate with the public.

Tough New Amendments to the Illinois Wage Payment and Collection Act

By Howard L. Mocerf
April
2011
Article
Page 202
This article reviews recent amendments that expand the Act's coverage and increase penalties for employers who fail to comply.

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