Publications

Articles From 2013

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Recovering Damages for Trademark Infringement

By Nicholas A. Gowen and Peter V. Baugher
March
2013
Article
Page 148
While enjoining unlawful use is the objective of most infringement suits, some trademark owners can get money damages.

Refusal to honor POA for property; six-juror DUI trials.

September
2013
Column
Page 483
What if the bank won't accept your client's valid POA for property? Might six jurors be better than 12 for your DUI trial? Here's what other lawyers think, based on Qs and As gleaned from ISBA discussion groups.

Required disclosure under the Pertussis Vaccine Act

October
2013
Illinois Law Update
Page 504
In addition to providing the parents or guardians of newborn children receiving treatment in a neonatal intensive care unit with an informational pamphlet, hospitals must also now inform the parents or guardians about the importance of parents, guardians, and immediate family members being immunized against pertussis and where they can obtain the appropriate vaccine. 410 ILCS 235/4.

Requirements for obtaining registration and penalties for providing false insurance information

November
2013
Illinois Law Update
Page 560
Section 5 of the Illinois Vehicle Code has long provided that vehicle owners applying for registration need to provide detailed information regarding the insurance policy for the motor vehicle, such as the policy number, the name of the insurer issuing the policy, and the expiration date of the policy. 625 ILCS 5/3-405.

Rescission of license suspension applies retroactively

January
2013
Illinois Law Update
Page 16
On November 1, 2012, the fifth district appellate court held that the rescission of a statutory summary suspension voided a citation for driving on a suspended license that occurred after the suspension commenced but before the petition to rescind was granted.

Researching Jurors Online: Voir Dire in the Digital Age

By Hon. Raymond Rossi
October
2013
Article
Page 514
The why and how of researching prospective jurors online.

Residents of private mental health facilities may be entitled to same rights as residents in state-operated mental health facilities. PA 097-1007

January
2013
Illinois Law Update
Page 16
The Mental Health and Developmental Disabilities Code is amended by providing rights to residents in private mental health facilities if said resident would otherwise be served by a state-operated facility. 405 ILCS 5/2-103.

Revised rules for reporting juvenile records to offenders’ schools. PA 097-1104

April
2013
Illinois Law Update
Page 176
The Illinois School Code and Juvenile Court Act of 1987 have been amended to alter the requirements for reporting students' court records to their schools.

Revisions to groundwater quality regulations

January
2013
Illinois Law Update
Page 16
The Illinois Pollution Control Board (the "Board") recently adopted amendments to groundwater quality regulations. 35 Ill. Adm. Code 620.

Riding the DIY Wave

By Maria Kantzavelos
March
2013
Article
Page 128
Lawyers should respond to do-it-yourself law sites by serving clients in new ways, an Elmhurst lawyer suggests.

The Right to Privacy in the School Setting Act

October
2013
Illinois Law Update
Page 504
Under the Right to Privacy in the School Setting Act, it is now unlawful for a post-secondary school to request a student's password or other account information for the purpose of accessing that student's social networking account or profile unless the school reasonably believes that the account contains evidence of a school disciplinary rule violation by the student.

Same-sex marriage comes to Illinois

By Adam W. Lasker
December
2013
LawPulse
Page 606
At presstime, Governor Quinn was poised to sign the Religious Freedom and Marriage Fairness Act into law.

SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel

By Adam W. Lasker
April
2013
LawPulse
Page 170
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Season’s Greetings

By Paula H. Holderman
December
2013
Column
Page 604
Happy Holidays from the ISBA.

Self-employed persons in violation of court order to pay support can be penalized further than what is already provided by law. PA 097-1029

January
2013
Illinois Law Update
Page 16
Illinois lawmakers have amended the Illinois Public Aid Code (305 ILCS 5/10-10), the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the Non-Support Punishment Act (750 ILCS 16/20), and the Illinois Parentage Act of 1984 (750 ILCS 45/15) by providing additional penalties for persons who are self-employed or conduct a business and are found in contempt of a court order to pay support.

Service by publication on adjudicated disabled person violates due process

June
2013
Illinois Law Update
Page 284
On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.

Shark fins banned in Illinois. PA 097-0733

May
2013
Illinois Law Update
Page 228
As of January 1, 2013, the possession, sale, offer for sale, trade, or distribution of shark fin is prohibited in Illinois. 515 ILCS 5/5-30 new.

Sharpening Your Pencil: Financial Basics for Law Firms

By Maria Kantzavelos
February
2013
Article
Page 76
Are your employees getting the tax relief they deserve? Are you? Should you process your own payroll? A CPA tells lawyers a thing or two about the business side of running a practice.

Should Derivative Legal Malpractice Be Allowed in Illinois?

By Timothy J. Miller
February
2013
Article
Page 96
Should shareholders who have no relationship with a corporation's lawyer be able to bring a legal malpractice suit on behalf of the entity? This author says "no."

State law enforcement must notify the Department of Corrections regarding orders of protection against inmates or parolees. PA 097-0904

March
2013
Illinois Law Update
Page 124
Illinois lawmakers have amended the Code of Criminal Procedure of 1963, (725 ILCS 5/112A-22), the Stalking No Contact Order Act, (740 ILCS 21/115), the Civil No Contact Order Act, (740 ILCS 22/218), and the Illinois Domestic Violence Act of 1986 (750 ILCS 60/222) to include new mandatory notification procedures.

Statutes of Limitation and Arbitration: Limiting Your Client’s Exposure

By Edward J. Underhill
May
2013
Article
Page 244
Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.

Stifling ‘sovereign citizens’: tougher penalties for unlawful clouding of title

By Adam W. Lasker
November
2013
LawPulse
Page 554
In response to false liens against public officials' property filed by so-called "sovereign citizens," the Illinois legislature upgrades false title-clouding from a misdemeanor to a felony.

Stricter penalties for speeding. PA 097-0831

July
2013
Illinois Law Update
Page 336
Starting this summer, defendants cited for operating a vehicle more than 25 miles per hour over the speed limit in urban areas or more than 30 miles per hour over the limit on highways face stricter penalties.

Suit barred for plaintiffs who ‘came to the nuisance’ of fly-infested cattle farm

By Adam W. Lasker
April
2013
LawPulse
Page 170
The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.

Supreme court, advocates push legislation to expand access to justice, fund e-filing

By Adam W. Lasker
July
2013
LawPulse
Page 330
Among other things, the legislation would help defray the costs of statewide e-filing and expand the pool of individuals who qualify for legal aid.

Supreme court bars state court suit based on res judicata

March
2013
Illinois Law Update
Page 124
On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.

Supreme court declines to extend doctrine of election beyond wills to trusts

By Adam W. Lasker
July
2013
LawPulse
Page 330
The Illinois Supreme Court found the doctrine irrelevant to the facts of In re Estate of Boyar, leaving the question of whether it applies to trusts as well as wills for another day.

Supreme court delays Rule 138 personal identity information provisions

By Adam W. Lasker
August
2013
LawPulse
Page 386
The supreme court delayed rule changes on personal identity information that some family law practitioners worry will force them to choose between the rule and conflicting statutes.

The Supreme Court DOMA Ruling, Civil Unions, and Same-Sex Marriage in Illinois

By Ray Prather and Padraig McCoid
September
2013
Article
Page 460
The U.S. Supreme Court's DOMA case opens the door to an array of federal benefits for same-sex married couples. But Illinoisans won't enjoy its full advantages, the authors argue.

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