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Illinois Bar Journal
Articles From 2003

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Offense elements must be identical for a proportionate penalties clause challenge to succeed December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court reversed the portion of the appellate court's decision that vacated the defendant's extended-term sentence. 
Once plaintiff litigated her damages and received full recovery from one defendant, she could not pursue her case against second defendant for same indivisible injuries June 2003 Illinois Law Update, Page 280 On March 20, 2003, the Illinois Supreme Court held that the plaintiff could not maintain her negligence action against a second defendant after she had already collected full damages from a first defendant.
Oral piercing of minors illegal without parental consent P.A 92-0692 June 2003 Illinois Law Update, Page 280 Effective January 1, 2003, any person who pierces the body or oral cavity of a person under 18 years of age without written consent of a parent.
Organ donor leave implemented August 2003 Illinois Law Update, Page 384 The Illinois Department of Central Management Services recently adopted amendments to implement the mandates of the Organ Donor Leave Act (5 ILCS 327).
Out-of-state child removal; what will the supremes do? By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The Illinois Supreme Court will review an appellate court decision that stopped a custodial mother from removing her son to her fiancé's home state.
Overtime Overview: A Look at the Proposed Overtime Rules By Joseph E. Gumina and Michael J. Pulcanio October 2003 Article, Page 521 A thumbnail sketch of the Department of Labor proposal, with a look at how the proposed regulations might affect lawyer-employers.
Parentage Act does not bar common law claims alleging boyfriend should pay child support for children conceived through artificial insemination, but claim for paternity barred because mother did not obtain his written consent to insemination May 2003 Illinois Law Update, Page 226 On February 6, 2003, the Illinois Supreme Court held that a mother's failure to obtain the written consent of the putative father to artificial insemination precluded her claim for paternity under the Illinois Parentage Act.
Party who requests and is granted a new trial is subsequently foreclosed from petitioning for appellate review of first trial pursuant to SCR 306(a)(1) September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the plaintiff, by requesting a new trial in her post-trial motion, was foreclosed from later petitioning for appellate review of the first trial pursuant to Illinois Supreme Court Rule 306(a)(1) (166 Ill 2d R 306(a)(1)).
A pending traffic citation and complaint for “driving while license revoked” tolls the 3-year statute of limitations under §3-7(c) of the Criminal Code, and “aggravated driving while license revoked” constitutes the same conduct as misdemeanor offense under same section. November 2003 Illinois Law Update, Page 550 On August 7, 2003, the Appellate Court of Illinois, Second District, reversed the order of the Circuit Court of DuPage County dismissing the indictment filed against the defendant for aggravated driving while license revoked and remanded the cause for further proceedings.
The perils of POA agency By Helen W. Gunnarsson August 2003 Lawpulse, Page 374 Serving as agent under a durable power of attorney for property is a good deed that, too often, does not go unpunished.
The periodic presence of a probationer does not constitute grounds for indiscriminate searches December 2003 Illinois Law Update, Page 600 On September 18, 2003, the Illinois Supreme Court affirmed the circuit and appellate courts' judgments to suppress evidence found during a search of the defendant's motel room in which a probationer subject to a search condition was staying.
The Perniciousness of Racism By Loren Golden April 2003 Column, Page 160 I am white. I am concerned about the perniciousness of racism. 
Pet trusts for trusty pets By Helen W. Gunnarsson March 2003 Lawpulse, Page 110 Illinois may shortly join 16 other states that have passed laws authorizing the creation of trusts with pets as beneficiaries.
Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure May 2003 Illinois Law Update, Page 226 On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.
Plaintiff inmate must exhaust all administrative remedies before petitioning court for declaratory judgment June 2003 Illinois Law Update, Page 280 On April 3, 2003, the Illinois Supreme Court held that an inmate did not exhaust his administrative remedies and was therefore not entitled to a preliminary injunction after Illinois Department of Corrections (IDOC) officials confiscated the inmate's art supplies.
Plaintiff’s complaint against firearm manufacturers, distributors and dealers for creation and maintenance of public nuisance states viable cause of action February 2003 Illinois Law Update, Page 62 On November 4, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County dismissing the plaintiff's second amended complaint for failure to state a cause of action.
Post-Enron 10b-5 Secondary Actor Liability: A New Standard for Attorneys By Daniel A. Ninivaggi, Stephen J. Senderowitz, and James J. Cotter July 2003 Article, Page 350 Attorneys now might be as liable for false or misleading disclosures as their issuer clients
Post-Sale Duties to Warn, Recall, and Retrofit Defective Products in Illinois By Stephanie A. Scharf and Thomas P. Monroe June 2003 Article, Page 298 Bucking the national trend, Illinois courts have refused to recognize the duty.
Practicin’ to the Oldies: 10 Ways to Avoid Malpractice By Karen Erger December 2003 Column, Page 635 These 10 malpractice-prevention golden oldies are just as true today as when we first heard 'em.
Premises liability for off-road riding facilities P.A. 92-0857 April 2003 Illinois Law Update, Page 168 Recent amendments to the Premises Liability Act outline liability guidelines for off-road riding facilities.
Probate Court 101 By Helen W. Gunnarsson April 2003 Lawpulse, Page 162 How does a sole practitioner learn his or her way around the courthouse? Start by asking.
The “Problem Lawyer” By Karen Erger February 2003 Column, Page 93 The damage that drug, alcohol, or otherwise impaired "problem lawyers" do to your firm lingers long after they leave. Here's how to nip problems in the bud, and maybe salvage a career in the bargain.
The “Prodigious Spouse”: Equitable Distribution and Wealthy Wage Earner By Debra DiMaggio September 2003 Article, Page 460 Should the wealthy wage-earning spouse be awarded a disproportionate share of marital assets generated through his or her efforts?
Proposed RESPA Regs Worry Real-Estate Bar By Helen W. Gunnarsson June 2003 Lawpulse, Page 274 Real estate practitioners fear that proposed new regulations under the Real Estate Settlement Procedures Act spell trouble for consumers and lawyers.
Provisions under P. A. 91-0404, imposing mandatory 15- and 20-year sentence enhancements for possession or personal discharge of a firearm in the commission of certain offenses, held unconstitutional September 2003 Illinois Law Update, Page 436 On June 19, 2003, the Illinois Supreme Court held that the provisions under P. A. 91-0404, §5, effective January 1, 2000.
Public Bodies Must Keep Verbatim Records of Closed Meetings P.A. 93-0523 December 2003 Illinois Law Update, Page 600 Beginning January 1, 2004, all public bodies must keep a verbatim record of all of their closed meetings in the form of an audio or video recording.
Public-employee pension pitfall By Helen W. Gunnarsson March 2003 Lawpulse, Page 110 Teachers, police officers, and other government workers charged with crimes related to their official duties have one thing in common ; they all face the loss of their pensions, a fact their lawyers should keep in mind.
Putting It All Together With Information Organizers By Todd Flaming April 2003 Column, Page 203 The e-mail messages, postal letters, notes, briefs, names and addresses, and other data connected with a case; how do you store it all in one place? Here are some options.
Recent Rulings Could Make Illinois Zoning Hearings More Contentious and Costly By John J. Lawlor July 2003 Article, Page 340 Zoning for special uses and planned developments could become harder than ever; find out why.
Recovering Penalty Awards and Attorney Fees Under the Workers’ Compensation Act By Michelle D. Porro December 2003 Article, Page 610 Has a carrier unreasonably delayed payment to your client? This article reviews penalties and fee-award options.