Illinois Bar Journal

Subject Index Law Pulse

Appellate malpractice plaintiffs must prove they would have won the appeal

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
In a suit alleging an attorney's failure to perfect an appeal, the client must prove that he or she would have won the appeal had it been properly perfected. 

Attorney title agents must disclose agency

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
In real estate transactions, be sure to apprise clients when you also serve as an agent to the title company. In fact, you might want to do so in writing at the outset. 

Employers’ liability for employees’ loose tongues

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 

Insureds must give reasonable notice of claims or suits to insurers

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
The supreme court holds that insurers may refuse to indemnify insureds who don't give timely notice of a claim, even if the insurer isn't prejudiced by the delay. 

The limited lockstep doctrine

By Helen W. Gunnarsson
July
2006
LawPulse
, Page 338
In a dog-sniff case, the Illinois Supreme Court wrote that it will interpret state constitutional provisions more expansively than their federal counterparts only under limited circumstances. 

Background checks for jurors?

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
A federal judge and some state's attorneys offer their varying viewpoints about how far to go to determine whether prospective jurors are coming clean. 

The General Assembly rewrites eminent domain law

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 

Separate but equal grooming standards okayed

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
Requiring female but not male bartenders to wear makeup does not violate Title VII, the ninth circuit rules. 

Unmarried couples: custodial parent can’t remove child without petitioning court

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
The Illinois Supreme Court says the same removal standard applies to parents who never married as to those who married and divorced. 

What’s crude talk among Friends?

By Helen W. Gunnarsson
June
2006
LawPulse
, Page 278
Sexually charged talk in the workplace doesn't always equal sexual harassment, the California Supreme Court says. 

Blogging and legal ethics

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
Go forth and blog, experts say, but not without educating yourself about relevant ethical issues. 

Grandparents, others can petition for guardianship of minors

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
But only if the parent is found unfit, the Illinois Supreme Court ruled in In re R.L.S.

A higher bar for landlords in eviction cases

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
A new ruling from the first district makes it harder for landlords to use constructive service as a basis for evicting nonpaying tenants. 

MCLE for judges

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
Judges, too, are on the hook for mandatory CLE, the Illinois Supreme Court announced last month. 

Playing the Rule 68 card

By Helen W. Gunnarsson
May
2006
LawPulse
, Page 222
FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 

Section of the Illinois Election Code is unconstitutional

May
2006
Illinois Law Update
, Page 230
On March 6, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and affirmed the decision of the Circuit Court of Cook County, holding unconstitutional section 7A-1 of the Illinois Election Code (10 ILCS 5/7A-1).

Bohner redux: insured properly denied coverage for “illegal” act, 7CA rules

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
Like the Illinois Appellate Court, the federal seventh circuit ruled recently that an insurance company properly denied coverage to an under-the-influence driver based on the policy's exclusion for "illegal" acts.

Can an incompetent principal revoke a POA?

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
A recent fourth district opinion raises this and other questions. 

Goodbye to the affidavit of intent to appeal

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
Effective July 1, a supreme court rule change will remove a trap that's especially dangerous for the occasional appellate lawyer. 

Must employers try to stop employees’ “unauthorized activity”?

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
Yes, a New Jersey court says, at least if the activity is accessing child porn on company computers and the employer is on notice about it. 

New rules expedite custody cases

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
On February 10, 2006, the Illinois Supreme Court issued new rules that will dramatically change procedures in child custody cases. The rules are contained in new Article IX of the Supreme Court Rules and are effective July 1, 2006.

Criminal-acts exclusion bars insurance recovery to DUI driver

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
The court said a lesser traffic offense wouldn't trigger the auto-gap-policy exclusion. But will the ruling's logic be applied to other insurance policies with similar language? 

Danger lurks in p.i. confidentiality clauses

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.

Sour notes

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
The destructive, expensive breakup of a string quartet leads to the obvious question: what advance legal planning might have kept things from getting out of control? And what can you do for your musician clients? 

Title insurers not in “business of supplying information” when they issue title commitments, supremes say

By Helen W. Gunnarsson
March
2006
LawPulse
, Page 110
Some lawyers say the ruling "defies reality," while title insurers contend that it is squarely in the mainstream. 
 

A big win for Big Tobacco

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
The Illinois Supreme Court barred plaintiffs' class action claim and overturned a $10-plus billion award against Philip Morris. But experts doubt the case will have much precedential power outside Illinois.

In mandatory arbitration, every minute counts

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
A plaintiff must go to the Illinois Appellate Court to overturn arbitrators' finding against him for arriving minutes late for his arbitration hearing. 

Maintenance: be careful what you ask - and don’t ask - for

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
In two separate cases, the fourth district upheld maintenance awards 1) even after one recipient's remarriage and 2) despite another's request that the court "deny maintenance to the Petitioner and Respondent."

Must trial judges grant special favors to pro se litigants?

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
Judges often cut pro se litigants a lot of slack. 

Rule 222 -the high cost of noncompliance

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
Plaintiffs who fail to heed the disclosure rule, which governs specified cases implicating $50,000 or less in damages, face the extinguishment of their claim. 

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