Publications

Articles From 2013

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Supreme court makes e-service voluntary, not mandatory

By Adam W. Lasker
March
2013
LawPulse
Page 118
The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.

Supreme court to establish legal-aid program for military personnel, vets

By Adam W. Lasker
October
2013
LawPulse
Page 498
The pilot program, funded by a $10 filing fee increase in participating circuit courts, will provide free legal services in civil cases to veterans and military personnel in need.

Surcharge for strip clubs to benefit sexual assault crisis centers. PA 097-1035

July
2013
Illinois Law Update
Page 336
State lawmakers have enacted the Live Adult Entertainment Facility Surcharge Act to fund sexual assault crisis centers in Illinois. 35 ILCS 175.

Task Force receives an extension on its employment discrimination report. PA 097-1132

May
2013
Illinois Law Update
Page 228
Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.

Technology and the Trial Process: The 2013 Allerton Conference

By Jeffrey A. Parness
December
2013
Article
Page 638
Social media use by lawyers and other technology topics were on the agenda of the 2013 Allerton Conference.

Ten Tips to Improve Your Case on Appeal

By Hon. John C. Anderson
July
2013
Article
Page 352
A reviewing court can be an intimidating place for the occasional appellate practitioner. These tips will help put you at ease.

“Test the waters” doctrine not an appropriate supplement to substitution-of-judge analysis

November
2013
Illinois Law Update
Page 560
On September 11, 2013, the Fourth District Appellate Court held that orders for scheduling and continuances are not substantial rulings that would allow for the denial of a motion for substitution of a judge as of right.

Thanks for the Memories!

By John E. Thies
June
2013
Column
Page 276
ISBA held a successful Lawyers Feeding Illinois campaign and did much more this busy bar year.

Third party insurer liability under the Illinois Public Aid Code

October
2013
Illinois Law Update
Page 504
The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.

Those publishing criminal record information may not remove or modify that information in exchange for payment

December
2013
Illinois Law Update
Page 612
The Consumer Fraud and Deceptive Business Practices Act has been amended by making it unlawful for those who publish or disseminate criminal records information in print or electronic format, including members of the news media, to accept payment or other consideration for the removal or modification of such information.

Threats to human service providers will be a class 3 felony

December
2013
Illinois Law Update
Page 612
The Criminal Code of 2012, which previously criminalized threatening public officials, has been amended to specifically include threats made to a human service provider (or to a member of their immediate family).

Three Rules for Drafting Marital Settlement Agreements in Anticipation of Bankruptcy

By Matthew M. Benson
September
2013
Article
Page 474
These three rules can help keep your work for a divorcing client from being undone when one of the parties files for bankruptcy.

Tighter regulations for boating under the influence

October
2013
Illinois Law Update
Page 504
Any person operating or having physical control of a motorboat in Illinois who has been involved in a personal injury or fatal boating accident shall now be presumed to have consented to a blood, breath, and urine test for the purposes of determining the content of alcohol or other drugs in the person's blood if arrested for a violation of the Boat Registration and Safety Act or similar provisions of local laws. 625 ILCS 45/5-16c new.

The Too-Expansive Illinois General Verdict Rule

By J. Timothy Eaton, Michael W. Rathsack, and Michael T. Reagan
March
2013
Article
Page 142
More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.

The Tougher, Broader Illinois Prevailing Wage Act

By Kara M. Pomerantz Principe
January
2013
Article
Page 42
Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.

Two-year limitation on claim arbitration does not violate public policy

January
2013
Illinois Law Update
Page 16
On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.

Unfounded reports of child abuse and neglect must be retained

December
2013
Illinois Law Update
Page 612
Beginning on August 30, 2013, the Department of Children and Family Services must store unfounded reports of child abuse or neglect made by non-mandated reporters for one year. 89 Ill. Adm. Code 431.

Unsettled Settlements: Understanding Mediation Agreements

By Jonah Orlofsky
August
2013
Article
Page 418
Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.

Update: Finding Illinois Municipal Ordinances Online (and Free!)

By Tom Gaylord
January
2013
Column
Page 46
A fresh look at websites that offer free online municipal codes.

Using Juror Questions During Trial to Your Advantage

By Andrew W. Vail and Tiffany M. Cartwright
December
2013
Article
Page 624
These tips from seasoned judges and attorneys can help you incorporate juror questioning into your trials.

Using Twitter to Keep Up with the Law

By Tom Gaylord
November
2013
Column
Page 590
Twitter is a great way to send and receive breaking legal news.

Valuing Property in Lengthy Divorce Proceedings

By Jenna C. Patchen
April
2013
Article
Page 198
When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.

Vegas Comes to the Corner Pub: Guiding Business Clients Through the Video Gambling Law

By Peter C. Spier
April
2013
Article
Page 186
Do you have clients who want to give video gambling a try? This article explains the legal and regulatory hurdles facing eligible establishments.

Vehicle Searches Incident to Arrest in Illinois after Gant

By Michele M. Jochner
January
2013
Article
Page 30
In Arizona v. Gant, the U.S. Supreme Court allowed warrantless searches when an arrestee is unsecured and can reach the passenger compartment or it's "reasonable to believe" incriminating evidence "might be" inside. But Gant raises as many questions as it answers - here's a look at how Illinois courts have reacted.

Vehicle seizures expanded to out-of-state drivers. PA 097-0984

July
2013
Illinois Law Update
Page 336
Drivers with out-of-state licenses revoked or suspended for driving while intoxicated, hit and run, reckless homicide, or various other statutory suspensions are now subject to Illinois' provisions for seizure and forfeiture.

Voting age clarified. PA 098-0051

September
2013
Illinois Law Update
Page 452
The Election Code has been amended to clarify the legal voting age. 10 ILCS 5/3-6.

Welcome to the Profession

By Paula H. Holderman
November
2013
Column
Page 552
Real law careers begin with the ISBA.

We’ve Come a Long Way, But We’re Not There Yet

By Paula H. Holderman
October
2013
Column
Page 496
Though women lawyers have come a long way, there's unfinished business.

What Do You Know? Give a Talk About It

By Karen Erger
February
2013
Column
Page 100
Anxious about public speaking? Try choosing a topic you really know.

What’s New with Fastcase

By Tom Gaylord
July
2013
Column
Page 368
The new Bad Law Bot flags negative treatment of cases.

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