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Illinois Bar Journal
Articles From 1999

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$9.1 Billion Tobacco Settlement Ignites Controversy in the General Assembly June 1999 Illinois Law Update, Page 304 On November 23, 1998, 46 states settled smoking-related claims against the tobacco industry for as much as $206 billion, potentially the largest court settlement in history.
1998 Illinois Supreme Court Criminal Law Survey: Tackling Guilty-Plea Appeals By James H. Reddy May 1999 Article, Page 268 The high court laid down the law last year on proper procedure in guilty-plea appeals and more.
Acquisition, Management and Disposal of Real Property February 1999 Illinois Law Update, Page 73 On November 16, 1998, the Department of Central Management Services, the agency that leases or acquires property for all state agencies or authorities, enacted amendments and new provisions into section 5000 of its administrative rules. 44 Ill Adm Code 5000.
Additional Conditions Apply to Delinquent Property Tax Liability of Mortgage Lenders; PA 90-575 January 1999 Illinois Law Update, Page 13 Two additional conditions must be met before the state can hold mortgage lenders liable for delinquent property taxes.
Administrative Implementation of Sexually Violent Persons Commitment Act June 1999 Illinois Law Update, Page 304 On March 23, 1999 the Illinois Department of Human Services adopted a new section to the Illinois Administrative Code. 59 Ill Adm Code 299.
Admissibility of prior injuries vetted in this month's IBJ By Stephen C. Buser August 1999 Column, Page 398 This month's Journal features an article by Chicago trial judge Barbara McDonald on a much-discussed topic of late among tort practitioners ; the fifth district's Brown v Baker decision and its impact on the same-part-of-the-body rule. 
Adoption services for children November 1999 Illinois Law Update, Page 575 On September 16, 1999, the Illinois Department of Children and Family Services adopted amendments and added a section to section 309 of the Illinois Administrative Code. 89 Ill Adm Code 309.
Advanced Practice Nurses' Privileges Expanded — PA 90-742 March 1999 Illinois Law Update, Page 130 Introduced by Senator Doris Karpiel, Public Act 90-742 may save time and money for individuals seeking medical attention in Illinois.
Advising Employers About Wrongful Discharge Under Illinois Contract and Tort Law By David E. Krchak March 1999 Article, Page 160 A primer on wrongful discharge, with an emphasis on employee handbooks and retaliatory discharge.
Aid to the Aged, Blind or Disabled, Temporary Assistance For Needy Families, an General Assistance Regulations April 1999 Illinois Law Update, Page 190 On January 20, 1999, the Department of Human Services repealed sections 112-114, which dealt with Aid to the Aged, Blind or Disabled, Temporary Assistance for Needy Families, and General Assistance respectively, and which implemented 305 ILCS 5/11-30. 89 Ill Adm Code 112-114.
The amendment to the Nursing Home Care Act that repeals the right to treble damages applies retroactively to pending cases. June 1999 Illinois Law Update, Page 304 On April 15, 1999, the Illinois Supreme Court affirmed the appellate court and trial court, and held that the amendment to the Nursing Home Care Act (``Act'') (210 ILCS 45/3-602 (West 1996)) should be applied retroactively to prohibit the recovery of treble damages from a licensee to a facility resident.
Amendments to the Illinois Pull Tabs and Jar Games Act April 1999 Illinois Law Update, Page 190 Public Act 90-808 amends the Illinois Pull Tabs and Jar Games Act to raise the aggregate value of all prizes or merchandise permitted to be awarded in a single day of pull-tabs and jar games to $5,000. Previously, the limit was $2,250.
Amendments to the School Code; PA 90-802 April 1999 Illinois Law Update, Page 190 Public Act 90-802 amends the School Code. This Act was passed after the Governor's technical recommendations were incorporated.
Americans with Disabilities Act does not require a seller to alter his product to make it equally valuable to disabled and non-disabled policyholders August 1999 Illinois Law Update, Page 406 On June 2, 1999, the seventh circuit reversed the holding of the United States District Court for the Northern District of Illinois and held that benefit caps on AIDS-related illnesses in the defendant's insurance policies did not violate the Americans with Disabilities Ac
Amid Controversy, Protection of Religious Freedom in Illinois Strengthened; PA 90 February 1999 Illinois Law Update, Page 73 The General Assembly recently passed the Illinois Religious Freedom Restoration Act ("IRFRA'') over Governor Jim Edgar's amendatory veto.
Animal cruelty now a felony in Illinois; P.A. 91-351 December 1999 Illinois Law Update, Page 636 Until recently, torturing animals was only a misdemeanor in Illinois. However, individuals who intentionally torture animals will now face up to three years in prison and will be forced to undergo psychological and psychiatric evaluations for a first offense.
Anti-crime Proposals in the Legislature June 1999 Illinois Law Update, Page 304 As this issue went to press, the anti-crime bills proposed recently have received mixed support in the House and Senate.
Applicability of the Administrative Procedure Act, Open Meetings Act, and Freedom of Information Act to the Illinois Courts Commission May 1999 Illinois Law Update, Page 244 On March 15, 1999, the Attorney General published an opinion on whether the Illinois Courts Commission, which was established by Rule 51 (Ill S Ct Rule 51) of the Illinois Supreme Court to receive and hear complaints related to the removal of a judge from office.
Are You Representing the Wrong Clients? By Anne E. Thar December 1999 Column, Page 671 Learn how to screen prospective cases and clients to reduce your risk of being sued.
Assistance for working ``needy families'' November 1999 Illinois Law Update, Page 575 On August 1, 1999, the Illinois Department of Human Services adopted emergency amendments to section 112 of the Illinois Administrative Code. 89 Ill Adm Code 112.83.
An attorney discharged by his law firm employer has no remedy of an action for retaliatory discharge March 1999 Illinois Law Update, Page 130 On December 31, 1998, the Illinois Supreme Court reversed the appellate court and circuit court, and answered a certified question by the circuit court, holding that a licensed attorney employed by a law firm cannot maintain a cause of action for retaliatory discharge.
An attorney may be disbarred for a substantial record of misconduct despite a lack of experience and a promise to cease practicing law. May 1999 Illinois Law Update, Page 244 On March 18, 1999, the Illinois Supreme Court granted the request of the administrator of the Attorney Registration and Disciplinary Commission and ordered Chase Ingersoll, the respondent, disbarred.
Authority of Non-Home-Rule County to Borrow Money from a Financial Institution May 1999 Illinois Law Update, Page 244 On March 1, 1999, the Attorney General published an opinion on whether a non-home-rule county has the authority to borrow money from a financial institution and execute a multi-year installment note to secure the payment of the loan. Ill Atty Gen Op 99-002.
Bank not guilty of negligent misrepresentation when plaintiff's reliance on alleged statements by bank employee was unreasonable December 1999 Illinois Law Update, Page 636 On October 21, 1999, the Seventh Circuit of the United States Court of Appeals affirmed the judgment of the bankruptcy court that the plaintiff, Michael Rovell.
The Best Legal Software Money Can't Buy By Todd Flaming August 1999 Column, Page 439 Read all about the simple, inexpensive legal software we ought to have and learn why we don't have it -- yet.
Bringing "Bad Faith Refusal to Settle'' Claims Against Insurers By G. Grant Dixon III February 1999 Article, Page 92 Did your client's insurer refuse in bad faith to settle within policy limits? Then it should pay the price.
Bungee-jumping business operating within view of highway owes no duty of care to passing motorists. May 1999 Illinois Law Update, Page 244 On March 19, 1999, the first district affirmed the holding of the Circuit Court of Cook County in this case, holding that the defendant owed no duty of care to passing motorists who may become distracted by the activities of its business.
The Business Attorney's Guide to Trade Names By Aaron W. Brooks October 1999 Article, Page 526 Selecting the right business name isn't as simple as you might think. Here's a primer for Illinois lawyers.
Campaign Finance Reform Provisions Enacted; PA 90-737 April 1999 Illinois Law Update, Page 190 Governor Jim Edgar characterized Public Act 90-737, the State Gift Ban Act, as "an important step forward in the reform of campaign finance and ethics laws'' that would "improve accountability and help Illinoisans better understand the political process in our state.''
Changes in Administration and Operation of the State Employees' Retirement Systems of Illinois June 1999 Illinois Law Update, Page 304 On March 9, 1999, the State Employees' Retirement System of Illinois adopted amendments to section 1540.320 of its administrative rules. 80 Ill Adm Code 1540.