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Illinois Bar Journal
Articles From 2002

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A Personal Guide to Mediation Training Programs By Hon. Charles R. Winkler November 2002 Article, Page 609 A program attendee reports on a pair of mediation training programs.
Perspectives on death-penalty reform By Helen W. Gunnarsson July 2002 Lawpulse, Page 338 A prosecutor and criminal defense attorney react to the recommendations of Governor Ryan's Commission on Capital Punishment.
Pet project By Helen W. Gunnarsson December 2002 Lawpulse, Page 628 More and more estate-planning clients want to make sure that Fluffy is well provided for. Here's how to help them.
Petition to modify child support cannot delay enforcement ; P.A. 92-289 February 2002 Illinois Law Update, Page 66 Gov. George H. Ryan recently approved legislation making it easier to go forward with litigation to collect child support.
The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law By Theodore R. LeBlang October 2002 Article, Page 522 A review of the statutory and case law shielding physicians who provide medical care in emergencies.
Picky, Picky, Picky: Formatting an Appellate Brief By Maureen B. Collins September 2002 Column, Page 491 Don't try to understand the often picayune rules that govern typefaces, paper color and the like; just learn and follow them.
Plaintiff's "marketing theory" of causation insufficient to satisfy proximate cause under Illinois Consumer Fraud and Deceptive Business Practices Act September 2002 Illinois Law Update, Page 454 On June 20, 2002, the Illinois Supreme Court reversed the appellate court and affirmed the trial court's dismissal of the plaintiff's amended class action complaint.
Plaintiffs allegations of "bait and switch" advertising were sufficient to state claims under the Illinois Consumer Fraud and Consumer Loan Acts when lender advertised a new loan but refinanced an old loan at unfavorable rates July 2002 Illinois Law Update, Page 344 On March 27, 2002, The Appellate Court of Illinois, First District, Third Division, reversed the dismissal of the plaintiffs' consumer class action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1998) and the Illinois Consumer Installment Loan Act, 205 ILCS 670/18 (1998).
The power of special interrogatories By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 They're a useful tool for the plaintiffs' bar as well as the defense, a trial lawyer says.
Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata June 2002 Illinois Law Update, Page 288 On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.
Prenups help couples put their cards on the table By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Even though courts have broad discretion to ignore prenuptial agreements, couples can benefit from the process of creating them, a family practitioner says.
Preparing to Take a Deposition By Maureen B. Collins May 2002 Column, Page 269 The first of three articles addressing the skills you need to take and defend a deposition.
Preventive Legal Care for Workplace Violence By Helen W. Gunnarsson February 2002 Lawpulse, Page 62 Counsel your employer-clients to address workplace violence before it happens.
Primary Insurers' Duty to Exercise Good Faith Toward Excess-Insurance Carriers By Beth Boggs and Daniel McLaughlin January 2002 Article, Page 18 A review of primary insurers' obligations to excess-insurance carriers in settlement negotiations.
A Primer on Eminent Domain By Jack H. Tibbetts June 2002 Article, Page 313 An outline of the procedural requirements and recent cases.
Prior to filing condemnation proceedings, city must make a bona fide attempt to agree on price and negotiate in good faith May 2002 Illinois Law Update, Page 232 On February 7, 2002, the Appellate Court of Illinois, Second District, affirmed the trial court's dismissal of Naperville's condemnation proceedings.
Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux By Michele M. Jochner February 2002 Article, Page 70 In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.
Probate Court Report #1: Protect children of divorce before probate By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Take steps during the divorce to protect ex-spouses/children after their ex-partner/parent's death, or they might get no higher priority in probate court than magazine subscriptions and utility bills.
Probate Court Report #2: Take care with heirship By Helen W. Gunnarsson March 2002 Lawpulse, Page 114 Do a little probate work? Then take heed: failing to properly prepare an affidavit of heirship can lead to embarrassment or worse if the will falls through.
Professional Boxing and Wrestling Act amended to exclude wrestling November 2002 Illinois Law Update, Page 584 On September 3, 2002, the Department of Professional Regulation (department) amended and repealed rules relating to professional boxing and wrestling matches in title 68 of the Illinois Administrative Code. 68 Ill Adm Code 1370.
Prompt Payment Act altered December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Office of the Comptroller and Department of Central Management Services adopted a joint amendment to the Illinois Administrative Code.
Proposed legislation would revamp Illinois child-support enforcement By Helen W. Gunnarsson May 2002 Lawpulse, Page 226 HB 5140 would reduce the bureaucratic complexity of child-support enforcement by putting it in state's attorneys' hands.
Protecting Subcontractors' Rights Under the Illinois Public Construction Bond Act By Peter J. Bedard October 2002 Article, Page 544 A look at how the Act can help your construction-business clients get paid for work they've done on public projects.
Protecting Your Communications By Maureen B. Collins January 2002 Column, Page 47 Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.
Protecting Your Firm Against Loss of Key Employees By Paul Sullivan March 2002 Column, Page 147 Do you find yourself printing e-mail missives and saving the paper? Here's a better way to create an e-mail archive.
Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital's counsel held constitutional January 2002 Illinois Law Update, Page 14 On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.
Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold January 2002 Illinois Law Update, Page 14 On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.
Putting Family First By Tim Eaton May 2002 Column, Page 224 Jane, Brian, Brent and Amanda; my wife and three children; my family. I have not mentioned them this year in my column.
Qualifications to advance for state police officers amended December 2002 Illinois Law Update, Page 634 On September 23, 2002, the Department of State Police Merit Board (merit board) amended its procedures relating to qualifications and advancement in rank for state police officers in title 80 of the Illinois Administrative Code.
Recovering Damages for Fetal Pain and Suffering By Barry David and Barth Howard Goldberg December 2002 Article, Page 661 The authors argue that parents are entitled to recover for an unborn child's pain and suffering.