2003 Articles

Board of Education Establishes Procedure for Public Comments

November
2003
Illinois Law Update
, Page 550
The Illinois State Board of Education implemented a new procedure for the consideration of public comments regarding potential new rulemaking.

Breathing new life into forum non conveniens?

By Helen W. Gunnarsson
October
2003
LawPulse
, Page 486
A new supreme court case may signal a new willingness to police forum shopping, legal scholars say.

Business-law clean-up bill now on the books

By Helen W. Gunnarsson
October
2003
LawPulse
, Page 486
The new Act reconciles inconsistencies, removes obsolete provisions, and makes compliance with the law easier.

Calculated Overhead to Determine Profitability

By Paul Sullivan
March
2003
Column
, Page 143
Can you truly measure how much each lawyer costs your firm and how much profit he or she generates? Here's a guide to getting an accurate cost/revenue picture.

Calculating interest on child support; are you doing what the law requires?

By Helen W. Gunnarsson
December
2003
LawPulse
, Page 594
There's nothing interesting about calculating interest on overdue child support. But like it or not, you'd best not neglect it, which is what too many lawyers do.

Can a parent inherit from a stillborn child?

By Helen W. Gunnarsson
December
2003
LawPulse
, Page 594
A fascinating, if perplexing, Illinois Supreme Court opinion seems to say that a fetus can have an estate for inheritance purposes.

The case of the inflexible filing deadline

By Helen W. Gunnarsson
February
2003
LawPulse
, Page 58
The supreme court agrees to hear an administrative-law case which raises the question whether the strict, "jurisdictional" interpretation of a filing deadline is a denial of due process.

Cellular radio regulations passed for school bus drivers P.A 92-0730

June
2003
Illinois Law Update
, Page 280
In an effort to ensure the safety of school bus drivers and their passengers, the Illinois legislature amended the Illinois Vehicle Code by adding section 12-813.1. 625 ILCS 5/12-813.1.

Changes adopted for Credit Union Act

March
2003
Illinois Law Update
, Page 116
The Department of Financial Institutions adopted changes to the Illinois Credit Union Act. The amendments, dealing principally with fee adjustments, are found in 38 Ill Adm Code 190, and became effective on December 9, 2002.

Changes adopted for motor vehicle advertising

July
2003
Illinois Law Update
, Page 332
The Illinois Office of the Attorney General recently implemented changes to 14 Ill Adm Code 475, concerning motor vehicle advertising.

Changes in place for business organizations

August
2003
Illinois Law Update
, Page 384
The Office of the Secretary State recently adopted small, but significant, changes to the Revised Uniform Limited Partnership Act (14 Ill Adm Code 170) and the Limited Liability Company Act (14 Ill Adm Code 178).

Changes in place for reporting of child abuse

September
2003
Illinois Law Update
, Page 436
The Illinois Department of Children and Family Services recently adopted amendments related to the reporting of child abuse and neglect.

Changes in place for teacher and administrator certification

July
2003
Illinois Law Update
, Page 332
The Illinois State Board of Education recently amended 23 Ill Adm Code 25, related to administrator and teacher certification. The amendments, effective April 28, 2003, are designed to implement two major components of P.A. 92-796.

Changes made to beneficiaries under Teachers’ Retirement System P.A. 92-0862

May
2003
Illinois Law Update
, Page 226
The State Employees Group Insurance Act of 1971 was amended recently by changing section 6.5.

Changes to penalties for heroin possession P.A. 92-0698

February
2003
Illinois Law Update
, Page 62
Effective July 19, 2002, amendments to the Illinois Controlled Substances Act provide that the illegal manufacture.

Changing the Nature of Illinois Class Actions

By Kathleen R. Richards & Jeffrey L. Dunn
May
2003
Article
, Page 230
Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.

Child abduction statute and jury instructions did not require jury to consider mother’s knowledge of child’s whereabouts in determining father’s guilt; trial court did not abuse discretion in not providing jury with common definition of word “concealed”

January
2003
Illinois Law Update
, Page 14
On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.

Child Care Collaboration Program implemented

October
2003
Illinois Law Update
, Page 492
The Illinois Department of Human Services recently adopted amendments to 89 Ill. Adm. Code 50 to implement the Child Care Collaboration Program.

Child custody: Easing the way for out-of-state removal

By Helen W. Gunnarsson
July
2003
LawPulse
, Page 326
The supreme court rules that a divorced parent can move a child outside of Illinois without showing a direct benefit to the child from the relocation.

Child support hearings streamlined

June
2003
Illinois Law Update
, Page 280
On March 24, 2003, the Department of Public Aid (department) adopted amendments to title 89 of the Illinois Administrative Code relating to the rules and practices in administrative hearings regarding child support. 89 Ill Adm Code 104.

Client Communications 101: Learning to Listen

By Karen Erger
June
2003
Column
, Page 313
Not listening to your clients leads to dissatisfaction and, too often, to claims.

Code of Civil Procedure § 2-1117 can limit defendant’s several liability to only nonmedical damages even if plaintiff’s employer exempt from liability under Workers’ Compensation Act

February
2003
Illinois Law Update
, Page 62
On November 21, 2002, the Illinois Supreme Court held that the appellate court properly applied § 2-1117 of the Code of Civil Procedure, 735 ILCS 5/2-1117.

Code of Criminal Procedure Section 110-4(b) unconstitutional under article I, section 9 of Illinois Constitution

January
2003
Illinois Law Update
, Page 14
On October 3, 2002, the Illinois Supreme Court held section 110-4(b) of the Code of Criminal Procedure, 725 ILCS 5/110-4(b), unconstitutional because it violated the guarantee of due process in article I, section 9 of the Illinois Constitution.

Coming Home: Soldiers’ and Sailors’ Job Reinstatement Rights

By Joanna G. DuPriest
August
2003
Article
, Page 407
A guide to state and federal job-reinstatement laws.

Communicating Your Authority

By Maureen B. Collins
December
2003
Column
, Page 637
Sorry, but proper citation format really does matter. Here's why.

Complaints Filed Against Peace Officer Must Have Support of a Sworn Affidavit P.A. 93-0592

November
2003
Illinois Law Update
, Page 550
As of January 1, 2004, anyone filing a complaint against a sworn peace officer must have his or her complaint supported by a sworn affidavit. Previously, the complaint did not require such verification.

Conquering the Comma: Conjunctions and Essential Elements

By Lisa McGrady
May
2003
Column
, Page 259
Is comma placement a lot like flower arranging for you ("let's see, one would look nice here")? If so, read on.

Consideration for binding contract exists where plaintiff accepted settlement offer after summary judgment awarded to defendant; no condition of termination implied into settlement offer

June
2003
Illinois Law Update
, Page 280
On March 10, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting the defendant's motion for summary judgment.

Constitutional Challenges to Municipal Administrative Adjudicatory Systems

By Angela R. Hall
March
2003
Article
, Page 139
Do they succeed? It's possible but not likely, this author writes.

Consumer Fraud Act protections for car dealers deemed “special legislation”

By Helen W. Gunnarsson
December
2003
LawPulse
, Page 594
A recent Illinois Supreme Court case hands car buyers a victory.