2008 Articles

The Business Corporation Act’s “Quickie” Claim Bar

By Lin Hanson
September
2008
Column
, Page 480
 Dissolving corporations can use this to reduce the period during which they remain liable.

A Busy Year Comes to an End

By Joseph G. Bisceglia
June
2008
Column
, Page 276
A look at how the ISBA's important work advanced this year.

The “Buyer’s Option” Contract in Illinois

By John J. D’Attomo
August
2008
Article
, Page 418
Recent opinions have recognized a buyer's-option contract that obligates sellers to sell without also requiring buyers to buy.

Can Supreme Court Rule 308 Keep Your Case Alive?

By Christopher T. Polillo
December
2008
Article
, Page 632
Depending on the facts and law, you might persuade a court to grant interlocutory review under Rule 308. Here's how it works.

Cashing in on home sweet home

By Helen W. Gunnarsson
April
2008
LawPulse
, Page 174
Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.

Caveat Contractor: Recent Cases Interpret the Home Repair and Remodeling Act

By Brian R. Kalb
June
2008
Article
, Page 298
A discussion of recent HRRA cases, including a new one from the supreme court holding that the Act doesn't apply to subcontractors.

The CFAA: New Remedies for Employee Computer Abuse

By Linda K. Stevens & Jesi J. Carlson
March
2008
Article
, Page 144
The Computer Fraud and Abuse Act provides a path to federal court for employer-victims of computer abuse by employees and other insiders.

Changes made to requirements for local government health plan

December
2008
Illinois Law Update
, Page 612
The Department of Central Management Services made a number of amendments to Title 80, Part 2160, relating to the Local Government Health Plan ("plan"). 80 Ill Adm Code 2160. 

Changes to the Illinois income tax laws

October
2008
Illinois Law Update
, Page 504
The Illinois Department of Revenue made several amendments and added two sections to Part 100 of Title 86, relating to the assessment and collection of Illinois income tax. 

Child support obligation survives termination of parental rights

By Helen W. Gunnarsson
March
2008
LawPulse
, Page 118
Must a father whose parental rights have been terminated still pay child support? The supreme court says "yes" in IDHFS v Warner.

Civility Initiatives: The 2008 Allerton House Conference

By Jeffrey A. Parness
December
2008
Article
, Page 636
What are the best ways to combat incivility? Tougher rules? More sanctions? Allerton House conferees considered these options and more.

Clarifying the collateral source rule

By Helen W. Gunnarsson
August
2008
LawPulse
, Page 384
The supreme court rules that plaintiffs can recover the "reasonable value" of their medical expenses, whether they're paid by Medicare, Medicaid, insurance, or another source.  

Clients behaving badly

By Helen W. Gunnarsson
May
2008
LawPulse
, Page 230
When a client or witness spins out of control during a hearing or deposition, is doing nothing a safe route?

Code of Civil Procedure amended. PA 095-0831

November
2008
Illinois Law Update
, Page 554
The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.

Code of Criminal Procedure amended to accommodate those with developmental disabilities. PA 095-0897

December
2008
Illinois Law Update
, Page 612
The Illinois General Assembly amended the Code of Criminal Procedure of 1963 by changing the heading of Article 106b and amending Section 106B-5. 725 ILCS 5/106B-5. 

Collection Agency Act amended. PA 095-0437

June
2008
Illinois Law Update
, Page 284
The Collection Agency Act has been amended to add two new sections. 225 ILCS 425/9.1 and 9.2. The Act sets requirements for debt collectors or collection agencies regarding communication with persons other than the debtor, and communication in connection with debt collection.

College Campus Press act passed. PA 095-0580

May
2008
Illinois Law Update
, Page 236
The College Campus Press Act has been enacted. 

Commission on the Elimination of Poverty Act created. PA 095-0833

October
2008
Illinois Law Update
, Page 504
The Illinois General Assembly created the Commission on the Elimination of Poverty Act to support "the goal of the State of Illinois that all people be free from poverty." Section 5 notes that in the Illinois Constitution, "the elimination of poverty" is among the core goals of our state government. 

The conscience of a lawyer

By Helen W. Gunnarsson
March
2008
LawPulse
, Page 118
Your client admits he committed murder. What should you do? What can you do? For two Illinois lawyers, these aren't hypothetical questions.

The conscience of a lawyer, Part II

By Helen W. Gunnarsson
May
2008
LawPulse
, Page 230
The public and the legal community continue to wrestle with the alton logan case. But the legal ethicists we spoke to defend andrew Wilson's lawyers and the choice they made.

Contacting, deposing employees of opposing parties: a how-to

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.

Copy of mechanics lien complaint needs to be timely delivered

December
2008
Illinois Law Update
, Page 612
On October 9, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County dismissing Count I of the plaintiff's complaint. 

Correspondence from Our Readers

December
2008
Column
, Page 602
The even more perilous world of POA agents.

Correspondence from Our Readers

November
2008
Column
, Page 546
Two takes on two-tiered billing.

Correspondence from Our Readers

October
2008
Column
, Page 490
The Second and Fourteenth Amendments

Correspondence from Our Readers

July
2008
Column
, Page 330
Sharia law? Voluntary dismissal; confrontation clause; HUD-1 form.st.

Correspondence from Our Readers

June
2008
Column
, Page 274
 Sharia law; Rukavina and law-related services.

Correspondence from Our Readers

April
2008
Column
, Page 170
The Kotecki gap; the perils of forms; the conscience of a lawyer. 

Correspondence from Our Readers

March
2008
Column
, Page 114
Warrior to peacemaker; ADR [is] an industry ;  Miller's mandatory penalty.  

Correspondence from Our Readers

January
2008
Column
, Page 6
Labeling security retainers; order-of-protection abuse.