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Illinois Bar Journal
Articles From 2003

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Consumers Protected from Fraud in Auto Repair P.A. 093-0565 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the state will require more effective information sharing between consumers and facilities making car repairs. 
Conviction of defendant for DUI after stop at roadblock set up to gather information about hit and run accident reversed because police did not have individualized suspicion to stop defendant January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that the defendant's Fourth Amendment rights were violated when the police stopped him at a roadblock created to gather information about a hit and run accident .
Convictions in Illinois may no longer be challenged on the sole basis that they are legally inconsistent with acquittals on other charges, overruling People v Klingenberg August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court overruled its decision in People v Klingenberg, 172 Ill 2d 270, 665 NE2d 1370 (1996).
Corporate Officials to be Held Criminally Responsible for Misconduct P.A. 93-0496 December 2003 Illinois Law Update, Page 600 Effective January 1, 2004, the Criminal Code is amended to hold those responsible for corporate misconduct criminally accountable.
Correspondence from Our Readers December 2003 Column, Page 590 "Incorrect assumptions" about involuntary psychiatric treatment.
Correspondence from Our Readers October 2003 Column, Page 482 A brand-new dissipation ruling
Correspondence from Our Readers June 2003 Column, Page 270 More on "the perniciousness of racism".
Correspondence from Our Readers May 2003 Column, Page 218 Rule 315(b); why require an affidavit?
Correspondence from Our Readers April 2003 Column, Page 158 Out-of-state child removal.
Correspondence from Our Readers March 2003 Column, Page 106 More on file retention.
Correspondence from Our Readers January 2003 Column, Page 6 The virtual courtroom; it's about time.
Counseling gay couples By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 While the issues that arise in gay relationships are familiar, the legal framework is different. It's a difference that family practitioners and estate planners should learn to navigate.
County must pay judgment against sheriff By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 The Illinois Supreme Court recently held that a county must pay judgments entered against a sheriff's office acting in an official capacity.
Customer information to be safeguarded under new regulations October 2003 Illinois Law Update, Page 492 The Illinois Department of Insurance recently adopted rulemaking with the goal of providing better safeguards for customer information.
DCFS to make good faith effort to place adopted siblings together; P.A 92-0666 June 2003 Illinois Law Update, Page 280 The Children and Family Services Act was recently amended to include a provision regarding the placement of siblings of adopted children.
Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process September 2003 Illinois Law Update, Page 436 On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.
Defendants judicially estopped from alleging that their attorney fees are unreasonable after petitioning for reimbursement for those same fees September 2003 Illinois Law Update, Page 436 On June 12, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County finding that the defendants were judicially estopped from disputing their legal fees.
Defendant’s mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made February 2003 Illinois Law Update, Page 62 On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.
Defendants must show cause and prejudice for postconviction petitions to be considered. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court held that a postconviction petitioner may not raise a claim based on Apprendi v. New Jersey, 530 U.S. 466, in a successive postconviction petition.
Defending Against Prejudgment Interest Awards in Illinois: From Drafting to Litigation By Justin Lee Heather July 2003 Article, Page 336 Defenses and drafting techniques to help attorneys protect clients from claims for prejudgment interest.
Delinquency fees for unpaid court costs P.A. 92-0653 February 2003 Illinois Law Update, Page 62 Recent amendments to the Code of Criminal Procedure provide that, absent a court-ordered payment schedule.
The dentist-patient privilege By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The physician-patient privilege applies to dentists, too, the supreme court rules.
Department of Agriculture prepares to combat West Nile June 2003 Illinois Law Update, Page 280 The Illinois Department of Agriculture, anticipating the renewed threat posed by the West Nile Virus, has amended 8 Ill Adm Code 250.
Department of Insurance restricts access to public records March 2003 Illinois Law Update, Page 116 The Illinois Department of Insurance has adopted amendments under 2 Ill Adm Code 951 relating to Access to Public Records.
Department of Natural Resources amends classifications August 2003 Illinois Law Update, Page 384 The Illinois Department of Natural Resources recently adopted amendments to 17 Ill Adm Code 110 and 17 Ill Adm Code 2030.
The Department of Professional Regulation may subpoena dentists’ patient appointment calendars, but not private patient files March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court held that the Department of Professional Regulation may not subpoena a dentist's private patient files.
Department of Revenue Implements Tax Legislation November 2003 Illinois Law Update, Page 550 The Illinois Department of Revenue recently adopted rulemaking to implement the requirements of various public acts, including 92-492, 92-322, 92-526, and 92-393. 
Determining Fair Value for Minority Shareholders Who Sue for Corporate Wrongdoing By John T. Schriver and Paul J. Much April 2003 Article, Page 199 Illinois minority shareholders can sue to have their shares bought out for "fair value"; but what does that mean?
Discovery of Medical Information After HIPAA: A Litigator’s Guide By Katherine L. Dzik November 2003 Article, Page 554 HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.
Dissipation of Marital Assets in Illinois: A Review By Richard W. Zuckerman September 2003 Article, Page 440 Find out what constitutes impermissible spending of marital assets by a spouse in a failing marriage.