Subject Index Law Pulse

Are e-mail disclaimers really necessary?

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
They really are, some lawyers say. In fact, you should put them at the beginning, not the end, of your messages, other lawyers say.

No psych-record access for “garden variety” employee emotional distress claims

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.

The perils for employers of hiring private investigators

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.

Tax sales: the court helps taxpayers who help themselves

By Helen W. Gunnarsson
February
2008
LawPulse
, Page 66
 Here's how not to win compensation after losing your house for failure to pay taxes.

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.

Court upholds $1 million penalty arising out of $12,000 support debt

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.

Custody conundrum

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?

Illinois Supreme Court oral arguments go online

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
The court is making video and audio of oral arguments available on the Web. 

Supreme court upholds parent’s refusal to allow grandparent visitation

By Helen W. Gunnarsson
January
2008
LawPulse
, Page 10
A grandmother failed to show that denying her visitation was harmful to her grandchild’s physical, mental, or emotional health.

Administrative decisions: smoothing the path to review

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
The law should be amended to remove impediments to seeking review of agency rulings, ISBA leaders say.

Drafter beware

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.

Illinois supremes reject pre-existing debt rule

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
Under the rule, A’s promise to pay B’s debt is enforceable even if A didn’t put it in writing if it’s made before the debt was incurred. The high court says that’s not the law in Illinois.

Small-trust-termination amendment gets mixed reviews

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
It’s good to allow trustees to terminate small trusts when fees are consuming income. But should income, rather than remainder, beneficiaries automatically get the proceeds?

Three flavors of federal e-filing

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.

Ex post facto Medicaid “planning”

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.

Frye-ing the HGN test

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.

No duty to warn, Illinois high court holds

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.

Rule 216 requests to admit: no more “gotcha” games

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.

New law expands video appearances by prisoners

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.

POD and TOD accounts and your estate-planning arsenal

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
Payable/transfer-on-death accounts are handy probate-avoidance tools that can even be used to transfer real estate. Or can they?

Station adjustments: not-so-rough justice for kids

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.

Time to update the Rules of Professional Conduct?

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
The Illinois Supreme Court Rules Committee is considering a proposal to do just that.

What court reporters want

By Helen W. Gunnarsson
October
2007
LawPulse
, Page 510
 At depositions, they want you to say out loud who is in the room. And to speak slowly. And not to interrupt other speakers. And...

Court upholds support-arrearage payments at 60 percent of income

By Helen W. Gunnarsson
September
2007
LawPulse
, Page 454
The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.

Legal aid groups would benefit from cy pres statute

By Helen W. Gunnarsson
September
2007
LawPulse
, Page 454
A bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds.

New law allows Human Rights Act plaintiffs to file in circuit court

By Helen W. Gunnarsson
September
2007
LawPulse
, Page 454
Complainants under the Illinois Human Rights Act can now file in circuit court instead of with state agencies. This brings Illinois into line with federal practice and that of 38 states.

New law on attorney modification clauses in real-estate contracts?

By Helen W. Gunnarsson
September
2007
LawPulse
, Page 454
Has the second district made it easier for a party to a real estate contract to make a counter offer disguised as a mere "modification"?

SLAPP suits take a hit

By Helen W. Gunnarsson
September
2007
LawPulse
, Page 454
A new bill would discourage developers and others from suing - and thus trying to silence - opponents of their subdivisions, landfills, and the like.

Bill would make involuntary commitment easier

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.

Employers win pay-disparity case in Supreme Court

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
In Ledbetter, the Supreme Court rules that Title VII's filing deadline bars employment discrimination claims based on decisions that occurred outside the limitations period, even if the employee's current pay is lower because of the decisions.

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