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Illinois Bar Journal
Articles From 2003

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Governor signs legislation to assist military families P.A. 92-0886 April 2003 Illinois Law Update, Page 168 Gov. Blagojevich recently signed legislation that would provide relief to the families of Guard members and reservists who face increased financial burdens when a wage-earner is called up for duty.
Governor signs six-bill package addressing Illinois criminal justice system P.A. 93-0206, P.A. 93-0208, P.A. 93-0209, P.A. 93-0210 (all approved 7-18-03, effective immediately) P.A. 93-0207, P.A. 93-0211 September 2003 Illinois Law Update, Page 436 Gov. Rod Blagojevich recently signed into law six bills aimed at eliminating problems that have raised questions about the integrity of Illinois' criminal justice system.
Green-sheet blues By Helen W. Gunnarsson March 2003 Lawpulse, Page 110 For purposes of calculating real estate transfer taxes, the "consideration" paid for a new house equals the original contract price and; whether your homeowner client likes it or not; the extras added later, real estate practitioners argue.
Guardian ad litem 101 By Helen W. Gunnarsson August 2003 Lawpulse, Page 374 Veteran ISBA members offer advice to lawyers who find themselves appointed as guardian ad litem for disabled respondents.
Guardianship and its Alternatives: What's Best for Elderly Clients? By Susan Dawson-Tibbits March 2003 Article, Page 120 Sometimes guardianship is the right answer for elderly clients, but often there are better, less intrusive alternatives
A Guide to the Illinois Post-Conviction Hearing Act By Kerry J. Bryson May 2003 Article, Page 248 The Act allows prisoners to pursue claims neglected on direct appeal or based on facts not in the record.
Health Insurance for ISBA Members By Loren Golden June 2003 Column, Page 272 As I promised in one of my previous President's Pages, the ISBA, at my direction, was going to take a serious look at providing meaningful health insurance for our members.
Helping Clients Make the Most of Health-Care and Property POAs By Daniel M. Moore Jr. January 2003 Article, Page 35 Pointers on using advance directives to help clients avoid guardianship and make life-and-death decisions before they lack capacity.
High school student deprived of due process rights when school did not provide him with notice of the identity of his accuser or charges against him; students entitled to rely upon school's rules and procedures to define their property interest in education August 2003 Illinois Law Update, Page 384 On May 23, 2003, the Appellate Court of Illinois, Third District, reversed the order of the circuit court of Will County.
Highway hire-back to be funded by additional fines P.A. 92-0619 February 2003 Illinois Law Update, Page 62 Recent legislation amended the Illinois Vehicle Code and the State Finance Act.
Honor thy POA By Helen W. Gunnarsson July 2003 Lawpulse, Page 326 What can you do when a bank refuses to honor a duly executed POA for property? Here are some suggestions.
Hospital Employment of Physicians After Berlin and Carter-Shields By Saul J. Morse and Robert John Kane August 2003 Article, Page 402 Recent developments in Illinois law governing employment of physicians by hospitals and hospital affiliates.
Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation December 2003 Illinois Law Update, Page 600 On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 
Hospitals potentially liable even if doctor takes the blame By Helen W. Gunnarsson September 2003 Lawpulse, Page 430 The supreme court recently affirmed a med-mal plaintiff's right to proceed against a hospital even where the physician falls on his sword.
How Great Will the Impact Really Be? By Judy L. Cates May 2003 Article, Page 231 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.
How to Find Jury Instructions By Phill Johnson July 2003 Column, Page 361 Jury instructions aren't hard to find in print, but you'll have less luck searching online.
IHSA's definition of "undue influence" not vague and ambiguous, yet summary judgment inappropriate where it is unclear whether definition applied in fair manner July 2003 Illinois Law Update, Page 332 On April 30, 2003, the Appellate Court of Illinois, Fourth District, reversed and remanded the order of the circuit court of McLean County granting the defendant, IHSA, summary judgment.
Illinois Legal Ethics 101 By Thomas More Donnelly January 2003 Article, Page 18 Answers to some of the most common legal ethics questions.
Illinois legislature outlaws ephedra P.A. 93-0008 August 2003 Illinois Law Update, Page 384 In May 2003, the state legislature enacted the Ephedra Prohibition Act, banning the sale or offer for sale of any dietary supplement containing any quantity of ephedra or ephedrine alkaloids.
Illinois Mechanics Lien Questions and Answers By Samuel H. Levine March 2003 Article, Page 137 A quick Q&A guide to the Act and to mechanics liens generally, with links to online forms.
Illinois Parentage Act does not require trial court to grant petition to modify visitation order because custodial parent wishes to leave state with her child; court must still determine whether modification would be in child's best interest January 2003 Illinois Law Update, Page 14 On October 17, 2002, the Appellate Court of Illinois, Third District, reversed and remanded the order of the circuit court of Rock Island County granting a petition to modify a visitation order to allow the mother to move to Florida with the parties' child.
Illinois says "no" to estate-tax elimination By Helen W. Gunnarsson August 2003 Lawpulse, Page 374 The feds are phasing out the estate tax, but beginning this year cash-strapped Illinois will no longer cap its estate tax at the federal maximum.
The Illinois Supreme Court's 2002 Civil Cases: A New Court Settles In By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan April 2003 Article, Page 172 Our annual review of the leading cases.
Illinois Workforce Investment Board created P.A. 92-0588 March 2003 Illinois Law Update, Page 116 Recently enacted legislation created the Illinois Workforce Investment Board (board), a body formerly known as the Illinois Human Resource Investment Council.
Illinois' New Estate-Tax Law By David A. Berek September 2003 Article, Page 465 An overview of Illinois' newly "decoupled' estate-tax scheme.
In claim for workers' compensation, Industrial Commission's award of payments must be upheld if based upon sufficient evidence that a work-related injury was responsible for aggravating or accelerating claimant's preexisting condition August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court upheld the Industrial Commission's award of temporary total disability payments on a workers' compensation claim.
In petitions for removal, custodial parents do not have to show that child will reap "direct" benefit from move; custodial parents only have to show that the disruption caused by move will be outweighed by benefits resulting from move August 2003 Illinois Law Update, Page 384 On May 22, 2003, the Illinois Supreme Court held that when considering the best interest of children in petitions by custodial parents for removal from Illinois.
Increased penalties for arson involving a place of worship P.A. 93-0169 September 2003 Illinois Law Update, Page 436 New legislation provides for increased penalties for arson involving a place of worship.
Insurance plans must cover contraceptives P.A. 93-0102 September 2003 Illinois Law Update, Page 436 Individual or group policies of accident and health insurance amended, delivered, issued, or renewed in Illinois after January 1, 2004.
Insurer must maintain "proof mailing" when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance policy April 2003 Illinois Law Update, Page 168 On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.