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Illinois Bar Journal
Articles From 2003

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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.
Does People v Morgan Invite Wrongful Convictions? By Larry R. Wells June 2003 Article, Page 307 The author argues that the Morgan one-good-count rule turns any general guilty verdict into a potential due-process violation.
Donaldson v CIPS: The Death Knell for Daubert in Illinois? By Stephen A. Wood January 2003 Article, Page 26 In Donaldson, the Illinois Supreme Court embraced the Frye standard for admitting scientific evidence and passed on Daubert. Here's a review.
Double jeopardy does not bar second county from prosecuting defendant for different offense relating to same conduct underlying prior conviction April 2003 Illinois Law Update, Page 168 On January 15, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County denying the defendant's motion to dismiss four of five counts of an indictment on grounds of double jeopardy.
E-Mail Gone Awry By Maureen B. Collins and Brian O'Donoghue August 2003 Column, Page 413 What can you do when client information ends up in the wrong hands because of a misdirected e-mail? Here are a few tips that just might help lessen the damage.
The Electronic Courthouse in Illinois: Filing, Service, Access, and Privacy By William F. Zieske August 2003 Article, Page 396 A review of Illinois-based e-courthouse initiatives.
Eligibility for admission to veterans homes expanded January 2003 Illinois Law Update, Page 14 The Illinois Department of Veterans' Affairs has amended 95 Ill Adm Code 107 to include former members of the National Guard or Reserve Forces of the United States among those eligible for admission into an Illinois Veterans Home.
Employees Entitled to Take Leave Due to Domestic or Sexual Violence P.A. 93-0591 December 2003 Illinois Law Update, Page 600 An employee who is a victim of domestic or sexual violence, or has a family or household member who is a victim, may take 12 weeks per year of unpaid leave from work to address domestic or sexual violence issues, pursuant to the Victims' Economic Security and Safety Act.
Enforcement in place for Uniform Disposition of Unclaimed Property Act August 2003 Illinois Law Update, Page 384 The Illinois State Treasurer and the Office of Banks and Real Estate have promulgated joint regulations related to the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025).
Estate Planning for Twenty-First Century Families By Janet L. Grove December 2003 Article, Page 631 In this age of blended families and test-tube babies, the familiar estate-planning boilerplate needs revision.
Ethics Board established under Gift Ban Act January 2003 Illinois Law Update, Page 14 The Illinois Office of the Comptroller added a provision under 2 Ill Adm Code 626, establishing an Ethics Commission (commission) under the Illinois Gift Ban Act (5 ILCS 425).
Evidence admissible under eavesdropping statute if defendant acquiesced to monitoring; state's use of glass-comparison evidence did not constitute plain error July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court upheld the defendant's conviction of murder in the first degree and of unlawful possession of a stolen or converted motor vehicle.
Evidence obtained in traffic stop that was based upon an anonymous tipper who overheard cellular phone conversation on police scanner not obtained illegally and should not have been suppressed September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the evidence obtained in a traffic stop that was based upon an anonymous tipper who overheard a cellular phone conversation on a police scanner was not obtained in violation of the Illinois eavesdropping statute, federal wiretapping statutes, or constitutional protections against unreasonable searches and seizures.
The Exception Makes the Rule: Liens on Workers' Comp Claims By Michael S. Feist December 2003 Article, Page 627 The rule is that workers' comp claims aren't subject to liens. The exceptions are many.
Exception under Consumer Fraud Act for misleading statements inapplicable to realtors; amended complaint sufficiently pled claim of negligent misrepresentation, violations of Consumer Fraud Act, Real Estate License Act July 2003 Illinois Law Update, Page 332 On April 15, 2003, the Appellate Court of Illinois, Second District, affirmed in part and reversed and remanded in part the order of the circuit court of DuPage County dismissing the plaintiff's amended complaint with prejudice.
Expert witness testimony on eyewitness identification must be properly excluded on case-by-case basis; line-up photos marked by eyewitnesses allowed into jury deliberations July 2003 Illinois Law Update, Page 332 On March 31, 2003, the Appellate Court of Illinois, First District, affirmed the judgment of the circuit court of Cook County convicting the defendant of first-degree murder and sentencing him to 35 years in prison.
Expungement of Juvenile Records By Terence M. Madsen October 2003 Article, Page 523 How to help your juvenile-offender client wipe the slate clean.
Felons Convicted Under Sarbanes-Oxley Act Barred from Bidding on Government Contracts P.A. 93-0600 November 2003 Illinois Law Update, Page 550 The Illinois Procurement Code was recently amended to prohibit any businesses whose officer, director, partner or managerial agent has been convicted of a felony under the Sarbanes-Oxley Act of 2003.
A Few Good Mentors By Terrence J. Lavin August 2003 Column, Page 372 Behind every accomplished lawyer is a great mentor. I had Phil Corboy, who was mentored by Jim Dooley.
Fine schedule under village ordinance for parking and vehicle regulations, assessing late fees prior to hearing on merits of violation, a violation of due process March 2003 Illinois Law Update, Page 116 On December 13, 2002, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County and held that a village of Midlothian ordinance violated the due process clauses of the United States and Illinois Constitutions.
First Drafts Made Easy By T. Evan Schaeffer June 2003 Column, Page 311 Using these six tips makes writing first drafts fun. Well, almost.
First steps toward e-filing in Illinois By Helen W. Gunnarsson January 2003 Lawpulse, Page 8 The Illinois Supreme Court has set the ground rules for a pilot e-filing project in the circuit courts.
For whom the statute tolls By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 When does a statute of limitations begin to run for a cause of action held by a deceased minor? Surprisingly, Illinois courts of review have never answered the question.
Former tenant stated causes of action for interest on security deposit and breach of contract despite a provision in the residential lease that purported to waive the tenant's right to interest. November 2003 Illinois Law Update, Page 550 On September 10, 2003, the Appellate Court of Illinois, Fifth District, reversed the order of the Circuit Court of Jackson County dismissing the plaintiff's interest on security deposit and breach of contract counts and remanded the cause for further proceedings.
Found Treasure: A Primer on Unclaimed Property in Illinois By Joshua A. Joyce and Hugh F. Drake August 2003 Article, Page 409 Is your client entitled to, or holding, unclaimed property? Here's a review of the Uniform Disposition of Unclaimed Property Act.
Free on the 'Net: FindLaw, LexisONE and More By Phill Johnson November 2003 Column, Page 579 West Group and LexisNexis both offer free online research services that, while much more modest than Lexis and Westlaw, are well worth visiting.
Funding procedure for Alternative Learning Opportunities Programs clarified September 2003 Illinois Law Update, Page 436 The Illinois State Board of Education recently adopted an amendment to 23 Ill Adm Code 240, governing Alternative Learning Opportunities Programs (ALOPs).
Gov. Blagojevich signs Equal Pay Act into law P.A. 93-0006 July 2003 Illinois Law Update, Page 332 On Mother's Day, Gov. Rod Blagojevich signed into law the Illinois Equal Pay Act.