Publications

Illinois Bar Journal
Articles From 2002

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Recovering Lost Earning Capacity Under the Workers' Compensation Act By Douglas Rallo July 2002 Article, Page 348 A detailed guide to helping clients recover for lost income or earning capacity under section 8(d)(1) of the Workers' Comp Act.
Repair or Repeal; Report of the Governor's Commission on Capital Punishment By Thomas P. Sullivan June 2002 Article, Page 304 A summary by the commission co-chair of the most significant recommendations.
Reporting Your Partners and Associates to the ARDC By Michael L. Shakman, Arthur W. Friedman, and Thomas M. Staunton March 2002 Article, Page 143 What is a lawyer's Himmel obligation to report other lawyers in his or her firm?
Representing DUI Revoked or Suspended Drivers Before the Secretary of State By Larry A. Davis June 2002 Article, Page 292 A step-by-step guide to helping clients seek restoration of their driving privileges.
Representing Home Buyers in Post-Caveat-Emptor Illinois By John O'Rourke August 2002 Article, Page 421 The impact of seller-disclosure law on Illinois residential real-estate practice.
Responding to employees' security fears By Helen W. Gunnarsson January 2002 Lawpulse, Page 10 Post-September 11, it's more important than ever to respond appropriately to employee worries about safety in the workplace. But that doesn't mean acceding to unreasonable demands, a Chicago lawyer says.
Retailers' occupation tax January 2002 Illinois Law Update, Page 14 On October 1, 2001, the Illinois Department of Revenue (department) adopted amendments to section 130 of the Illinois Administrative Code. 86 Ill Adm Code 130.
Rule 213 changes take effect July 1 By Helen W. Gunnarsson May 2002 Lawpulse, Page 226 Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.
Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.
Selecting and Framing the Issues on Appeal: A Powerful Persuasive Tool By Marcia L. McCormick April 2002 Article, Page 203 Issue-selection strategies for appellate lawyers.
Self-exclusion list implemented for individuals affected by problem gambling September 2002 Illinois Law Update, Page 454 On June 14, 2002, the Illinois Gaming Board (board) adopted several new provisions to section 3000 of the Illinois Administrative Code. 86 Ill Adm Code 3000.
Sex Offender Registration Act does not require juvenile offenders to register March 2002 Illinois Law Update, Page 120 On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.
Since there was no reliable evidence that an attorney could command his claimed market rate, it was proper to reduce both the attorney's hourly rate and claimed hours March 2002 Illinois Law Update, Page 120 On December 26, 2001, the seventh circuit affirmed the district court and held that the district court acted reasonably by first, reducing an attorney's hourly rate from the $310 claimed to $205.
Six-year statute of repose for legal malpractice claims begins to toll after last act of representation October 2002 Illinois Law Update, Page 512 On August 1, 2002, the Appellate Court of Illinois, Third District, affirmed the decision of the circuit court for the 14th Judicial District, Mercer County, and concluded that the six-year statute of repose for legal malpractice claims, 735 ILCS 5/13-214.3(c).
A sizzling Rice soup for public officials? By Helen W. Gunnarsson May 2002 Lawpulse, Page 226 Public bodies violate the Open Meetings Act by acting on items that didn't appear on the agenda, the fourth district ruled recently in Rice v Board of Trustees.
Solicitation for Charity Act not Unconstitutional February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court reversed the appellate court and held that the Solicitation for Charity Act, 225 ILCS 460/0.01, is not unconstitutional.
Special security measures adopted at state facilities August 2002 Illinois Law Update, Page 402 On May 17, 2002, the Department of Central Management Services (department) adopted amendments to section 5000 of the Illinois Administrative Code. 44 Ill Adm Code 5000.
Spoliation actions must be joined with suit from which spoliation claim arises to avoid dismissal under res judicata and collateral estoppel November 2002 Illinois Law Update, Page 584 On August 23, 2002, the Appellate Court of Illinois, First District, concluded that the plaintiff's suit alleging spoliation of evidence was barred by the doctrines of res judicata and collateral estoppel.
State appellate court's reversal of a judgment paid in bankruptcy is not grounds to reopen the chapter 13 proceedings after the plan is completed July 2002 Illinois Law Update, Page 344 On May 15, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the District Court for the Northern District of Illinois, Eastern Division, and concluded that the district court did not err in denying debtor Zurn's request to reopen a chapter 13 plan under 11 USC § 350(b).
Statements about a willingness to cooperate were not part of plea negotiations because the defendant did not have a subjective expectation of negotiating a plea with police detective May 2002 Illinois Law Update, Page 232 On February 6, 2002, the Appellate Court of Illinois, Fourth District, allowed the admission of defendant Beler's statements, over a vehement dissent by a fellow judge.
Stricter traffic penalties adopted November 2002 Illinois Law Update, Page 584 On September 3, 2002, the Illinois Secretary of State's Office adopted amendments to the Vehicle Code imposing tougher penalties for a violation of the laws governing emergency vehicles and reporting of vehicle accidents.
Striking the Right Balance: New Supreme Court Rule 213 By Hon. Barbara A. McDonald August 2002 Article, Page 406 While not perfect, the newly amended version of Rule 213 should require adequate disclosure while reducing hypertechnical motions.
Summary judgment precluded when question remained as to whether insurer breached good-faith duty to settle February 2002 Illinois Law Update, Page 66 On November 21, 2001, the Illinois Supreme Court affirmed the appellate court's judgment that whether an auto liability insurer acted in bad faith by failing to settle a tort claim for the policy limits within the victim's unilaterally imposed deadline was a question that precluded summary judgment.
Summary judgment was proper where plaintiff was on notice that her injuries were likely "wrongfully caused" but did not file suit until after the statute of limitations expired April 2002 Illinois Law Update, Page 176 On February 7, 2002, the Appellate Court of Illinois, First District, affirmed the decision of the trial court and held that summary judgment was properly entered in favor of the defendant since the two-year statute of limitations had expired.
The supreme court does a retake on quick-take By Helen W. Gunnarsson June 2002 Lawpulse, Page 282 The Illinois Supreme Court has limited the power of governments to acquire property and transfer it to private owners.
Supreme Court Review 2001: Getting to Know the New Court By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan May 2002 Article, Page 236 A look at the first year's output of the newly reconstituted supreme court.
Supreme Court Rule 23: The Terrain of the Debate and a Proposed Revision By Michael T. Reagan April 2002 Article, Page 180 Rule 23, which provides for unpublished—and nonprecedential—opinions, has been a source of tension between bench and bar. This article reviews the debate and offers suggestions for change.
The supremes say "no" to a taxpayer suit against Gov. Ryan By Helen W. Gunnarsson December 2002 Lawpulse, Page 628 In Lyons v Ryan, the Illinois Supreme Court ruled that taxpayers lack standing to sue for damages caused by the licenses-for-bribes scheme because the attorney general alone has the authority to initiate litigation on behalf of the state.
Suspension, revocation, or cancellation of licenses May 2002 Illinois Law Update, Page 232 On February 21, 2002, the Illinois Secretary of State adopted an emergency amendment to section 1040 of the Illinois Administrative Code. 92 Ill Adm Code 1040.
System awarding grants to school districts for construction projects modified September 2002 Illinois Law Update, Page 454 On July 1, 2002, the Capital Development Board (board) adopted amendments to section 40 of the Illinois Administrative Code. 71 Ill Adm Code 40.