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Illinois Bar Journal
Articles From 2002

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Illinois’ Evolving Doctrine of Intrastate Forum Non Conveniens By Kristen M. Smith December 2002 Article, Page 638 Courts have been generous in granting change of venue requests, but will the new supreme court take a different tack?
Illinois Judges Speak Out on Settlement Conferences By Mark S. Mathewson November 2002 Article, Page 604 Six judges from around the state describe their approach to pre-trial settlement conferences.
Illinois’ Revised Uniform Partnership Act By Steven G. Frost December 2002 Article, Page 644 Effective January 1, Illinois' partnership law will undergo extensive change. Here's a review.
Illinois Supreme Court cares for caretakers By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 The high court upholds the Probate Act provision that allows a claim against the estate by selected relatives who serve as custodial caretakers.
In a murder case, when the age of the victim is proven beyond a reasonable doubt, the trial judge may consider aggravating factors in determining an appropriate sentence without violating Apprendi August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court upheld the defendant's extended-term sentence imposed by the trial court pursuant to section 5-8-2(a)(1) of the Unified Code of Corrections, 730 ILCS 5/5-8-2(a)(1) (1994).
In absence of additional evidence, a signed consent form indicating plaintiff’s anesthesiologist was an independent contractor was sufficient to show that codefendant hospital did not “hold out” the doctor as its apparent agent July 2002 Illinois Law Update, Page 344 On April 26, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of Kane County in granting codefendant hospital's motion for summary judgment.
In dismissing action, court converted employer’s motion to dismiss into a motion for summary judgment, and thus was required to permit parties to engage in discovery January 2002 Illinois Law Update, Page 14 On October 22, 2001, the seventh circuit court of appeals reversed the district court's dismissal of plaintiff Covington's ADA claim.
In workers’ compensation suit, claimant not required to show that his stress exceeded the stress of coworkers June 2002 Illinois Law Update, Page 288 On March 15, 2002, the Illinois Supreme Court reversed the appellate court in holding that, in a suit to recover workers' compensation benefits.
Incivility: The Exception, Not the Rule By Tim Eaton January 2002 Column, Page 8 A few years ago, as we finished closing arguments in a trial, my opposing counsel came over, shook my hand, and congratulated me on a job well done. I reciprocated with the same compliment.
Incorporating the Standard of Review into Your Appellate Argument By Maureen B. Collins April 2002 Column, Page 209 Here's how to remind the appellate court of its responsibility, and its power, to overturn or uphold the lower court's decision.
Increased child care subsidies March 2002 Illinois Law Update, Page 120 On December 1, 2001, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.
Increased fines for digging without calling JULIE P.A. 92-0179 July 2002 Illinois Law Update, Page 344 Gov. George H. Ryan signed legislation last July that amends the Illinois Underground Utility Facilities Damage Prevention Act (Act) (for an in-depth look, see William Zieske's article beginning on page 354).
Indigent mother has a constitutional right to court-appointed counsel to appeal ruling that she is an unfit parent, even if county is required to pay counsel’s fees April 2002 Illinois Law Update, Page 176 On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.
Individual taxpayers do not have standing when state is real party in interest and section 20-104(b) of Illinois Code of Civil Procedure is unconstitutional to extent that it gives taxpayers that right December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that the plaintiffs, a private citizen and a watchdog group, did not have standing to recover funds for Illinois taxpayers that were illegally received by employees of the Secretary of State's Office.
Internet Resources for Illinois Corporate and Securities Lawyers By Adria P. Olmi May 2002 Column, Page 267 Here are some of the helpful Internet resources; most of them free; for corporate and securities lawyers.
Internet Resources for Illinois Personal Injury Lawyers By Adria P. Olmi March 2002 Column, Page 151 Resources abound on the 'Net for p.i. lawyers. Here are some of the best.
Investigations of maltreatment of individuals in state-operated facilities April 2002 Illinois Law Update, Page 176 On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.
IRPTA; goodbye and good riddance By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Real estate lawyers applaud the demise of the Illinois Responsible Property Transfer Act, which they say produced useless paperwork and little else.
Is an Internet “Road Show” an Oral or a Written Prospectus Under the Securities Act? By James J. Moylan and Ana M. Mencini January 2002 Article, Page 32 The authors trace the SEC's regulation of "road shows" from the concrete to the electronic highway.
Is E-mail Subject to the Open Meetings Act? By Helen W. Gunnarsson September 2002 Lawpulse, Page 448 Some e-mail exchanges between public board members might constitute meetings and thus implicate the Open Meetings Act.
Is Your Word Processor Telling Secrets to the Enemy? By Todd Flaming June 2002 Column, Page 319 Your word-processing software may be making confidential information available to your adversaries without your knowing it. Here's how it happens and what you can do about it.
Issuance of licenses January 2002 Illinois Law Update, Page 14 On September 24, 2001, the Illinois Office of the Secretary of State adopted an emergency amendment to section 1030 of the Illinois Administrative Code. 92 Ill Adm Code 1030.
It’s Time to Repeal Illinois’ Seat-Belt Gag Rule By Richard B. Foster and Charles E. Harper February 2002 Article, Page 88 The authors recommend repeal of the law that prohibits admission of evidence of seat belt non-use.
Joint custody order not abuse of discretion if evidence shows parties cooperative; trial court may not order automatic termination of custody based upon either party moving from two specified counties November 2002 Illinois Law Update, Page 584 On August 23, 2002, the Appellate Court of Illinois, Fourth District, affirmed as modified the order of the Circuit Court of Sangamon County awarding joint custody to the parties.
JULIE, Digger and Liability for Damage to Buried Utilities By William F. Zieske July 2002 Article, Page 354 A review of the newly amended Underground Utility Facilities Damage Prevention Act, which protects underground utilities from construction damage and governs the legal relationship between contractors and utilities
Jumping on a trampoline poses open and obvious risks so there is no duty to warn August 2002 Illinois Law Update, Page 402 On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.
The Latest on Liens: An Illinois Tort Lawyer’s Guide By Edward W. McNabola and Kevin E. O’Reilly March 2002 Article, Page 124 Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.
Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135 August 2002 Illinois Law Update, Page 402 Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.
Law Librarians Can Help You Save Money and Do Better Research By Peter A. Hook July 2002 Article, Page 373 You can use a librarian to conduct research more effectively, even if you don't have one on staff.
Law permitting a parent to be declared unfit after more than one child is born with drugs in his or her system and the mother has the opportunity for treatment does not violate the equal protection or due process clauses of the Illinois Constitution June 2002 Illinois Law Update, Page 288 On April 3, 2002, the Appellate Court of Illinois, Second District, affirmed the ruling of the trial court terminating the parental rights of the respondent after finding that she was an unfit parent.