Publications

Articles From 2012

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Pages

1983 Photo: Mary Ann McMorrow and Odas Nicholson

May
2012
Column
Page 271
From the Archives

2012 Spring Session Legislative Roundup

By Jim Covington
August
2012
Column
Page 408
A summary of laws passed this spring by the General Assembly.

Access to Justice Commission strives to open courts to the poor, disabled

By Adam W. Lasker
December
2012
LawPulse
Page 626
The new supreme-court-appointed commission is working to improve access to the courts for people living in poverty or who have disabilities and language barriers.

Advising Family Businesses

By Christine Organ
July
2012
Article
Page 372
Family businesses are the backbone of today's corporate world, but lawyers who counsel them must deal with some very "noncorporate" emotional and psychological issues.

After Ervin: How Combined Actions Will Affect Wage and Hour Class Litigation in Illinois

By Nicholas P. Cholis
August
2012
Article
Page 430
In 2011, the seventh circuit gave employee plaintiffs a powerful weapon by holding that an FLSA collective action and a state wage and hour class action may be joined in a single action.

Agents who permit their employer to evade final judgments are treated as employer. PA 097-0903

November
2012
Illinois Law Update
Page 580
The Equal Pay Act of 2003 has been amended to introduce section 27 (820 ILCS 112/27 new).

Anatomy of a Class Action Killer: Picking Off Named Plaintiffs after Barber

By John A. Bruegger
April
2012
Article
Page 208
The Barber court made clear that defendants can stop a class action by tendering full relief to the named plaintiffs - the so-called "pick off" maneuver. Here's a review and practice advice.

And in the End…

By John G. Locallo
June
2012
Column
Page 284
A one-sentence lyric from the Beatles sums up a 12-month journey at the helm of the ISBA.

Another Limit on Refiling Voluntarily Dismissed Cases

By Professor Jeffrey A. Parness
September
2012
Column
Page 498
The first district rules that judicial estoppel can be a bar to refiling.

Appellate court retains jurisdiction despite motion to dismiss for forum non conveniens

March
2012
Illinois Law Update
Page 132
Difficulty in transporting documents, witnesses residing in Mississippi, and the fact that the alleged wrongful acts occurred in Mississippi were not enough to demonstrate an inconvenient forum under the doctrine of interstate forum non conveniens, according to the Illinois Appellate Court, Fifth District.

Appellate court upholds order debarring rejection of arbitration award and assessing attorney fees

March
2012
Illinois Law Update
Page 132
The unexplained absence of a party to an arbitration made the award voidable but not void and accrued attorney fees because his attorneys had a professional obligation to be diligent in keeping track of dates and important information in relation to client matters.

Applying Other-State Law to Illinois Tort Actions

By Jacob D. Sawyer
December
2012
Article
Page 652
When does the law of, say, New York apply to an Illinois tort lawsuit? Find out the Illinois approach to deciding the question.

Approval of new units of instruction, research, and public service at public institutions

July
2012
Illinois Law Update
Page 352
The Board of Higher Education (“the Board”) recently adopted amendments to the regulations governing public colleges and universities. 23 Ill. Adm. Code 1050.

Are statewide, standardized court forms coming to Illinois?

By Adam W. Lasker
December
2012
LawPulse
Page 626
Illinois is one of only two states without court-approved standardized forms for pro se litigants and others to use. That might be about to change.

The Bar’s Role in Legal Education Reform

By John E. Thies
August
2012
Column
Page 396
Lawyers must have a voice in the reform discussion.

Behind the Technology Curve? The ISBA Can Help

By John G. Locallo
March
2012
Column
Page 124
Are you using the practice management tech tools you need? If not, the ISBA is there for you.

Beyond the Billable Hour

By Helen W. Gunnarsson
February
2012
Article
Page 80
More clients - and lawyers for that matter - are looking for value-based alternatives to the billable hour. The good news? They can be a win-win for attorney and client.

Bill would eliminate time limits on child-molestation prosecutions

By Adam W. Lasker
July
2012
LawPulse
Page 346
A legislative proposal would remove the statute of limitation for prosecuting sex crimes against minors, but both prosecutors and criminal defense lawyers have misgivings.

Bill would require personal service for debtors

By Adam W. Lasker
June
2012
LawPulse
Page 286
Pending legislation would require that debtors get personal service, not merely notice by mail, before courts begin key legal processes that could put them behind bars.

Borrowing employer’s insurer not liable to Illinois Insurance Guaranty Fund

December
2012
Illinois Law Update
Page 632
On October 12, 2012, the first district appellate court held that a borrowing employer's workers' compensation insurer had no obligation to repay the Illinois Insurance Guaranty Fund ("Fund") for disbursements the Fund made to an injured employee when the lending employer's workers' compensation insurer became insolvent.

A Bricoleur’s Response to Murphy’s Law

By Hon. Ron Spears
May
2012
Column
Page 270
"Bricolage" is the art of creating a solution using whatever is available. It's an art litigators would do well to cultivate.

Cameras Come to Illinois Courts

By L. Jay Jackson
November
2012
Article
Page 592
Here's a look at the pilot programs underway in state and federal court, along with a few pointers from lawyers who have conducted trials in the media spotlight.

Cameras come to Illinois trial courts

By Adam W. Lasker
March
2012
LawPulse
Page 126
The high court launches a pilot program to allow cameras in four Illinois county courtrooms.

The Case for Reform of Illinois Judicial Disqualification Standards

By John E. Thies
September
2012
Column
Page 456
It's time we implemented commonsense, fair rules on recusal.

The “Cat’s Paw” Theory in Illinois after Staub

By Alexandra Lee Newman and Yelena Shagall
February
2012
Article
Page 88
In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.

Celebrating Law Day in the IBJ

April
2012
Column
Page 194
A look at Law Day over the years

Changes in the tourism attraction signing program

February
2012
Illinois Law Update
Page 76
The Illinois Department of Transportation recently amended the provisions of the Tourism Attraction Signing Program. 92 Ill Adm Code 543.

Changes to practice in administrative hearings and child support services

September
2012
Illinois Law Update
Page 464
The Department of Healthcare and Family Services ("the Department") recently adopted amendments to the regulations governing the practice in administrative hearings. 89 Ill. Adm.

Changes to special waste hauling permits

October
2012
Illinois Law Update
Page 520
The Illinois Pollution Control Board ("the Board") recently adopted amendments to the regulations governing special waste hauling. 35 Ill. Adm. Code 809.

Changes to the administrative requirements for underground storage tanks

May
2012
Illinois Law Update
Page 240
The Office of the State Fire Marshall (OSFM) recently added a new subpart to the regulations governing underground storage tanks. 41 Ill. Admin. Code 176.600. The statutory authority for these changes is the Gasoline Storage Act (430 ILCS 15).

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