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Illinois Bar Journal
Articles From 1998

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New Appeal Rights in Administrative Hearings in Paternity and Child Support Cases December 1998 Illinois Law Update, Page 662 On September 10, 1998, the Department of Public Aid adopted emergency amendments to various parts of section 104 of its administrative rules pursuant to Public Act 90-104. 89 Ill Adm Code 104.
New Procedures for Motor Vehicle Inspections December 1998 Illinois Law Update, Page 662 On September 28, 1998 the Illinois Environmental Protection Agency adopted 24 amendments and added 16 new subsections to section 276. 35 Ill Adm Code 276.
Offense of Harassment Through Electronic Communication—PA 90-578 November 1998 Illinois Law Update, Page 596 Public Act 90-578 adds the offense of harassment through electronic communication to the Obscene Phone Call Act.
Perspectives on Lawyer Malpractice By Stephen C. Buser November 1998 Column, Page 586 This month's IBJ features a pair of articles that deal in some way with lawyer civil liability.
A physician’s lien may be valid despite technical deficiencies, and in a claim for conversion a jury may award punitive damages December 1998 Illinois Law Update, Page 662 On October 1, 1998, the Illinois Supreme Court affirmed the appellate court's holding that the physician's lien was valid despite technical deficiencies.
Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734 December 1998 Illinois Law Update, Page 662 According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.
Public Listing of Delinquent Taxpayers; PA 90-753 November 1998 Illinois Law Update, Page 596 Subject to several conditions, the Director of Revenue may annually disclose a list of delinquent taxpayers' names, addresses, amounts owed, and other information.
Punitive Damages Under the Illinois Sales Representative Act By Leonard A. Nelson November 1998 Article, Page 622 Courts have misconstrued the ISRA to plaintiffs' detriment, this author argues.
A railway company does not owe a trespasser a duty of ordinary care, only a duty to refrain from engaging in willful and wanton conduct. December 1998 Illinois Law Update, Page 662 On October 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that plaintiff, Charles Reid, was not a permissive user of the railway tracks owned by the defendant, Norfolk & Western Railway Company (N & W).
Reducing Real Estate Tax Assessments for Contaminated Property By H. Alfred Ryan December 1998 Article, Page 680 Here's how to lower the property-tax bill for clients who own contaminated real estate.
Rejection Letters: “Just Say No” Is Not Enough By Laura Walsh November 1998 Column, Page 644 Saying "no'' to job applicants is never pleasant, but here's how to make rejection letters less painful for sender and recipient
Researching Illinois Court Rules By Jean McKnight November 1998 Column, Page 641 It's not hard to find the latest state and Illinois-based federal court rules . . . if you know where to look.
Residence Requirement for Temporary Assistance for Needy Families November 1998 Illinois Law Update, Page 596 On September 1, 1998 the Department of Human Services repealed portions of sections 112, 113, and 114. 89 Ill Adm Code 112-114.
Saying What You Mean: A Mini-Usage Guide By Maureen B. Collins December 1998 Column, Page 699 The difference between the right word and the wrong word is the difference between ... regardless and irregardless.
The Scope and Substance of Medical Expert Cross-Examination By John M. Stalmack and Kelly A. Giampa November 1998 Article, Page 612 A comprehensive review of permissible cross-examination of medical experts under Illinois law.
Season’s Greetings By Timothy L. Bertschy December 1998 Column, Page 656 Season's Greetings The Bertschys  Tim, Janet, Pierce and Lauren
Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages By John J. Meehan December 1998 Article, Page 674 Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.
Six-month distance between EEOC claim and agency rehiring too great to show the requisite causal link in ADEA retaliation claim November 1998 Illinois Law Update, Page 596 On September 17, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's judgment that the plaintiffs had failed to show that the defendant agency had violated the Age Discrimination in Employment Act (ADEA) by retali retaliating against them after a claim was brought with the EEOC for wrongful discharge.
Six-month statute of limitations period does not apply to unfair labor practice claims under the National Labor Relations Act (NLRA) November 1998 Illinois Law Update, Page 596 On September 18, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's ruling that a six-month statute of limitations did not apply to the plaintiff's unfair labor practices suit against the defendant labor organization.
Suing on Behalf of the State: A Parens Patriae Primer By Jim Ryan and Don R. Sampen December 1998 Article, Page 684 The state can and does bring civil suits on behalf of its citizens. Here's the background on the parens patriae doctrine.
Twelve Steps to Prepare Your Practice for the New Millenium By Anne E. Thar December 1998 Column, Page 695 This 12-step plan will help you enter the 21st Century with a fresh approach to your practice and a lower risk of malpractice.
Union employee lacks standing to challenge an arbitration award absent allegations that the union breached its duty of fair representation December 1998 Illinois Law Update, Page 662 On September 24, 1998, the Illinois Supreme Court affirmed the appellate court's holding that a union employee covered by a collective-bargaining agreement does not have standing to challenge an arbitration award in circuit court unless the employee has alleged that the union breached its duty of fair representation.
Win Employee Loyalty and Keep the Raiders Away By Paul Sullivan November 1998 Column, Page 639 Small firms face special challenges in keeping and recruiting good staff. But they have some special advantage, too.