Publications

Illinois Bar Journal
Articles on Legislation

No per se liability exception to the risk-utility test when dangers are open and obvious April 2007 Illinois Law Update, Page 176 On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Scripto-Tokai Corporation (Scripto).
Parent companies more vulnerable to suit for subsidiaries’ torts By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.
State Property Control Act adds section providing for facility closure - PA 094-1107 April 2007 Illinois Law Update, Page 176 Section 8.3 of the State Property Control Act was added to provide for assessments of the John J. Madden Mental Health Center in Cook County.
Tighter fire safety standards set for mobile home parks - PA 094-1080 April 2007 Illinois Law Update, Page 176 The Illinois General Assembly has provided for new safety standards to protect mobile home parks from the dangers of fire by passing Public Act 094-1080 (Act). 
Amendments to Charitable Games Act re-enacted - PA 094-0986 March 2007 Illinois Law Update, Page 124 In an attempt to avoid previous constitutionality problems, the Illinois General Assembly has passed Public Act 094-0986 in order to re-enact certain amendments originally passed in Public Act 088-0669 but declared unconstitutional by the Illinois Supreme Court in People v Olender, 222 Ill 2d 123, 854 NE2d 593 (2005). 
Illinois to purchase flexible fuel and fuel efficient hybrid vehicles - PA 094-1079 March 2007 Illinois Law Update, Page 124  In an effort to be more environmentally conscious, the Illinois General Assembly recently added section 25-75 to the Illinois Procurement Code. 
Predatory lending database pilot program given a start date March 2007 Illinois Law Update, Page 124 Effective December 21, 2006, the Department of Financial and Professional Regulation has added a new section to 38 Ill Adm Code 346. 
Purchasers of condominiums at foreclosure sale to pay association fee - PA 094-1049 March 2007 Illinois Law Update, Page 124 Section 9 of the Condominium Property Act (Act) has been amended by adding paragraphs 4 and 5 to subsection (g). 765 ILCS 605/9(g). 
Ambulance rules passed to avoid fraudulent use - PA 094-1063 February 2007 Illinois Law Update, Page 72 In order to prevent the fraudulent ordering of ambulances for non-emergency purposes and to greater explain the effects to those who ordered the ambulances, the Illinois General Assembly has added a new section both to the Nursing Home Care Act, at 210 ILCS 45/2-217, and to the Hospital Licensing Act, at 210 ILCS 85/6.22. 
Identity theft laws now offer increased protection - PA 094-1008 February 2007 Illinois Law Update, Page 72 Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 
Income Withholding for Support Act unconstitutional as applied to $1,172,100 penalty February 2007 Illinois Law Update, Page 72 The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
Information on financial identity theft must be provided by the Department of Motor Vehicles - PA 094-1001 February 2007 Illinois Law Update, Page 72 In order to make Illinois residents more aware of the risks of financial identity theft, the Illinois General Assembly amended section 2-105 of the Illinois Vehicle Code by adding subsection (f). 625 ILCS 5/2-105(f). 
New statute of limitations rules for Predator Accountability Act - PA 094-998 February 2007 Illinois Law Update, Page 72 The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225. 
Adoption Act definition of “unfit person” amended -PA 094-0939 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly (General Assembly) has amended section D of the definitions section of the Adoption Act (Act) in order to clarify the meaning of "Unfit person" under the Act. 
Changing demographics lead to amended Elder Abuse and Neglect Act - PA 094-1064 January 2007 Illinois Law Update, Page 14 Due to the aging demographic of the country and the increasing prevalence of elder abuse, the Illinois General Assembly (General Assembly) amended the Elder Abuse and Neglect Act. 
Imitation music groups face new guidelines for avoiding consumer fraud - PA 094-0854 January 2007 Illinois Law Update, Page 14 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act, forbidding performing music groups from misleading the public into false associations with other recording music groups.
The Mortgage Rescue Fraud Act By James K. Weston January 2007 Column, Page 52 This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.
The Grandparent Visitation Statute Violates Parents’ Due Process Rights By Morris Lane Harvey December 2006 Article, Page 663 Is the new statute constitutionally infirm like its predecessor?
New Amendments to the Illinois Grandparent Visitation Statute By Michael K. Goldberg December 2006 Article, Page 660 Effective January 1, grandparents can petition for visitation during a divorce and after some types of adoptions.
New rules for work-at-home solicitations - PA094-0999 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 
New statutory language targets elder self-neglect By Helen W. Gunnarsson December 2006 Lawpulse, Page 642 Soon-to-be-effective changes to the Elder Abuse and Neglect Act will give authorities new power to intervene when elderly people can't take care of themselves.
Partially consumed bottles of wine permitted to leave restaurants - PA094-0630 December 2006 Illinois Law Update, Page 650 Recently, the Illinois General Assembly added section 6-33 to the Liquor Control Act of 1934 (Act) to allow restaurant patrons to take an unfinished bottle of wine home with them if certain requirements are met.
Personal Information Protection Act amended to help prevent identify theft- PA 094-0947 December 2006 Illinois Law Update, Page 650 With increasing concern over identity theft, the Illinois General Assembly amended the Personal Information Protection Act (Act), covering any data collector that owns or licenses personal information concerning an Illinois resident.
Safe Homes Act created to help reduce domestic violence- PA094-1038 December 2006 Illinois Law Update, Page 650 The Illinois General Assembly passed the Safe Homes Act (Act) in an effort to reduce domestic violence by improving the ability of tenant victims and their families to escape "domestic violence, dating violence, sexual assault, and stalking."
Courts have new powers regarding children’s health insurance in divorces -PA 094-0923 November 2006 Illinois Law Update, Page 584 Recently, the Illinois General Assembly amended section 505.2 of the Illinois Marriage and Dissolution of Marriage Act in by adding paragraph (2.5) to subsection (c) in order to ensure health insurance is provided for children of divorce in an equitable manner. 750 ILCS 5/505.2(c)(2.5).
Driver’s licenses of child welfare employees must be verified -PA 094-0943 November 2006 Illinois Law Update, Page 584 In order to ensure the safety of children being transported by a "direct child welfare service employee," the Illinois General Assembly amended section 5c of the Child and Family Services Act. 20 ILCS 505/5c. 
Guidelines for child support arrearage compromises created - PA 094-0971 November 2006 Illinois Law Update, Page 584 In order to allow the Department of Healthcare and Family Services (Department) to make compromise arrangements for assigned child support arrearages, the Illinois General Assembly has added section 10-17.12 to the Illinois Public Aid Code. 305 ILCS 5/10-17.12. 
Harsher new penalties under the Minimum Wage Act - PA 094-1025 November 2006 Illinois Law Update, Page 584 The Illinois General Assembly has amended section 12 of the Minimum Wage Act (Act) to create more severe penalties for employers who fail to meet the requirements of the Act. 820 ILCS 105/12. 
Loss of custody and visitation rights for sex offenders -PA 094-0928 November 2006 Illinois Law Update, Page 584 The Illinois General Assembly has created a new section to the Illinois Parentage Act in an effort to protect families who have been victims of sexual crimes. 750 ILCS 45/6.5. 
The New Eminent Domain Law: Protections for Landowners, Hurdles for Governments By Joseph V. Healy November 2006 Article, Page 596 A review of the legislature's response to Kelo, which takes effect January 1.