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Illinois Bar Journal
Articles From 2000

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Nice Guys Finish Last in Wills and Estate Planning By Anne E. Thar April 2000 Column, Page 235 Confused elderly parents, estranged (and strange) children; estate-planning practice can pose serious malpractice risks for the best of lawyers. Here's what to watch for.
No-Fault Attendance Policies: How Employers Can Avoid FMLA Violations By Daniel S. Alcorn October 2000 Article, Page 597 Help employers design an attendance policy that complies with the Family and Medical Leave Act.
Notice Our New Look for the Journal By Stephen C. Buser March 2000 Column, Page 119 If the Journal looks different somehow this month, don't adjust your set;
An Overview of Illinois Nursing Home Litigation By Stephen C. Buser and Harriet H. Hamilton June 2000 Article, Page 316 A practice-oriented review of Illinois and federal statutes and cases governing nursing home lawsuits.
Perfecting Security Interests in Intellectual Property By Scott J. Driza March 2000 Article, Page 162 An overview of this rapidly developing area of intellectual property transactions.
The Perils of Elma Fudd, Esq. - Malpractice Risks in Business Formations By Anne E. Thar December 2000 Column, Page 727 It's a common situation; a small group seeking a lawyer's help in forming a closely held business entity; that presents multiple malpractice traps for lawyers.
A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician December 2000 Illinois Law Update, Page 690 On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.
Plaintiff in Title VII suit need not show favorable treatment of similarly situated employees when plaintiff is the only discharged individual March 2000 Illinois Law Update, Page 128 On January 18, 2000, the Seventh Circuit reversed the district court for the Northern District of Illinois, Eastern Division's grant of summary judgment to defendant Quanex Corporation. 
A plaintiff must introduce at least some evidence of the defendant’s payroll records to show that the defendant is an “employer” for purposes of a Title VII claim January 2000 Illinois Law Update, Page 16 On November 15, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s grant of the defendant’s motion for judgment as a matter of law since the plaintiff, Tina Mizwicki, failed to set forth sufficient evide evidence to show that the defendant was an “employer” for purposes of Title VII.
Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant March 2000 Illinois Law Update, Page 128 On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.
Postnuptial Agreements in Illinois By Laura Caldwell August 2000 Article, Page 473 A review of the Illinois case law.
A Practical Overview of Illinois’ Religious Freedom Restoration Act By Lisle A. Stalter February 2000 Article, Page 96 An overview of the rights and defenses available under the Illinois RFRA.
A preexisting condition does not bar recovery under the Workers’ Compensation Act if the preexisting injury is aggravated during the course of employment October 2000 Illinois Law Update, Page 563 On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.
Preparing Your Clients for Parenting and Financial Mediation By Don C. Hammer and Debra Sudduth August 2000 Article, Page 469 How to help your client make the most of mediation.
Pressure-Sore Litigation: An Overview By Paul W. Johnson and Veronica L. Armouti June 2000 Article, Page 336 An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.
Procedures for determining “best interest” of child in custody proceedings clarified; P.A. 91-746 August 2000 Illinois Law Update, Page 438 In response to a recent appellate court decision, the General Assembly passed and the governor recently approved legislation clarifying the process for requesting court-ordered evaluations in child custody proceedings.
Protecting Evidence of Self-Critical Analysis From Discovery in Illinois By Michelle R. Mosby-Scott and Michael Todd Scott November 2000 Article, Page 648 A review of self-critical-analysis privilege under federal and state law.
Protecting Trade Secrets During Litigation: Policies and Procedures By William Lynch Schaller May 2000 Article, Page 260 Find out how to reduce the risk that you'll reveal proprietary information during litigation.
Public and appellate defenders once again granted immunity — P.A. 91-877 September 2000 Illinois Law Update, Page 500 Public and appellate defenders and those who contract for their services are once again immune from legal and professional malpractice claims under a new Illinois law.
Public schools evaluation, recognition and supervision June 2000 Illinois Law Update, Page 310 On March 21, 2000, the Illinois State Board of Education adopted emergency amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.
Qualified Illinois Domestic Relations Orders: A Retirement System View By Cynthia F. Fain September 2000 Article, Page 533 Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.
The Quandary Facing Deponents Who Err at Deposition By Robert S. Minetz May 2000 Article, Page 276 The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.
Quarterly income reporting system for food stamps May 2000 Illinois Law Update, Page 252 On Feb. 24, 2000, the Illinois Department of Human Services adopted emergency amendments to section 121 of the Illinois Administrative Code. 89 Ill Adm Code 121.
Racial profiling study rejected; H.B. 3911 June 2000 Illinois Law Update, Page 310 House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.
Real Estate Law: The Expanding Liability of Illinois Developers and Directors By John F. Dixon April 2000 Article, Page 226 A review of cases arising out of lawsuits aimed at Illinois developers and homeowners-association board members.
Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion By Michele M. Jochner October 2000 Article, Page 576 Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.
Recommendations for Rookie Writers By Maureen B. Collins April 2000 Column, Page 237 Okay, you've got a real job now; how do you transfer your writing skills from the classroom to the real world of lawyering? Here are some tips.
Recovering Costs in Illinois Civil Actions By Matthew R. Henderson and Andrew R. Schwartz September 2000 Article, Page 504 A review of the authority for recovery of costs; the authors argue for a less restrictive rule.
Registration for real estate transfer taxes March 2000 Illinois Law Update, Page 128 On December 9, 1999, the Illinois Department of Revenue adopted a new section to section 120.5 of the Illinois Administrative Code. 86 Ill Adm Code 120.
Relevant Conduct and the Law of Conspiracy By David G. Duggan June 2000 Article, Page 351 The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.