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Illinois Bar Journal
Articles From 2004

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Charter Bus Driver Endorsements for transportation of students to and from school-related functions October 2004 Illinois Law Update, Page 514 The Secretary of State recently adopted amendments to 92 Ill Adm Code 1030. 
Children granted health insurance coverage while applications for medical benefits are processed December 2004 Illinois Law Update, Page 620 The Illinois Department of Public Aid recently adopted 89 Ill Adm Code 120.
Civil rights claims under the Illinois Civil Rights Act of 2003 may now be heard in federal courts P.A. 093-0750 September 2004 Illinois Law Update, Page 456 Effective on January 1, 2005, any party aggrieved by conduct that violates the Illinois prohibition on excluding a person from participation in, or denying a person the benefits of, any program or activity on the grounds of that person's race,
Clarification of requirements for issuing, denying, canceling, suspending, and revoking driver training school licenses November 2004 Illinois Law Update, Page 568 The Illinois Secretary of State recently adopted amendments to 92 Ill Adm Code 1060. 
Class Actions in Arbitration By Thomas J. Cunningham October 2004 Article, Page 532 Are provisions in arbitration agreements that expressly prohibit class arbitration enforceable in Illinois? A look at recent developments.
The Client That Got Away By Karen Erger August 2004 Column, Page 433 The statute of limitations is about to toll and your client is nowhere to be found. What to do? A new ISBA advisory opinion offers guidance.
Clients not liable for lawyers' intentional torts By Helen W. Gunnarsson October 2004 Lawpulse, Page 508 The Illinois Supreme Court holds that clients are not liable for lawyers' intentional torts unless they authorized, directed, or ratified the lawyers' conduct.
College Illinois! Prepaid Tuition Program excludes exception for religious organizations September 2004 Illinois Law Update, Page 456 The Illinois Student Assistance Commission recently adopted amendments to 23 Ill Adm Code 2775.20 and 2775.50. 
Communicating Change By Maureen B. Collins June 2004 Column, Page 321 Heads out of the sand, you ostriches; confront change directly and talk about it honestly.
Community College Board Adopts Amendments February 2004 Illinois Law Update, Page 70 The Illinois Community College Board recently amended 23 Ill. Adm. Code 1501, governing the administration of the Illinois Public Community College Act.
Companies in violation of environmental protection standards cannot procure state business and are subject to more difficult requirements for permits P.A. 093-0575 January 2004 Illinois Law Update, Page 16 An amendment to the Illinois Procurement Code, effective January 1, 2004, provides that no person or business who was found to have willfully or knowingly violated §42 of the Environmental Protection Act.
Comparative fault principles apply under the Illinois Domestic Animals Running at Large Act; entry of additur is appropriate where the jury's verdict is legally inconsistent and inadequate because of failure to consider a specific item. June 2004 Illinois Law Update, Page 292 On March 2, 2004, the Fifth District Appellate Court affirmed the judgment of the Circuit Court of Jasper County, entering an additur for the plaintiff's claimed medical expenses and affirmed the jury verdict for plaintiff motorist. 
A condemning authority's good faith in negotiating with a property owner in eminent domain proceedings may be challenged in an interlocutory appeal May 2004 Illinois Law Update, Page 242 On February 5, 2004, the Illinois Supreme Court affirmed the Second District Appellate Court's determination that a condemning authority's good faith in negotiating compensation with a property owner may be challenged in an interlocutory appeal brought pursuant to §7-104(b) of the Eminent Domain Act, 735 ILCS 5/7-104(b) (West 2000).
Constructing an Argument By Maureen B. Collins January 2004 Column, Page 47 Like a house, a brief needs a solid framework, intricate inner workings, and an attractive appearance.
Constructive discharge can lead to strict Title VII liability for employers By Helen W. Gunnarsson February 2004 Lawpulse, Page 62 The seventh circuit ruled recently that constructive discharge can be a "tangible employment action" in a Title VII suit, in which case employers may not invoke affirmative defenses. And the employer in this case was an Illinois circuit court.
Contract Carriers Not Exempted from Vehicle Safety Inspections P.A. 093-0637 May 2004 Illinois Law Update, Page 242 Effective June 2004, the Illinois Vehicle Code has been amended to include, among the groups required to obtain a certificate of safety, vehicles of contract carriers transporting employees in the course of their employment on an Illinois highway in a vehicle designed to carry 15 or fewer passengers. 
Correspondence from Our Readers December 2004 Column, Page 610 Voluntary-dismissal abuse; small estate affidavits.
Correspondence from Our Readers November 2004 Column, Page 558 A "usable, current summary".
Correspondence from Our Readers August 2004 Column, Page 386 Hall v Henn – the "court had no alternative"
Correspondence from Our Readers February 2004 Column, Page 58 Don't forget the court's citation rules.
Creation of quality requirements for telecommunications carriers providing wholesale service November 2004 Illinois Law Update, Page 568 The Illinois Commerce Commission recently adopted 83 Ill Adm Code 731. 
Criminal street gang recruitment on school grounds is a Class 1 felony P.A. 093-0938 October 2004 Illinois Law Update, Page 514 Criminal street gang recruitment on school grounds or on public property adjacent to school grounds is a Class 1 felony. 
Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois By Jill E. Adams May 2004 Article, Page 246 In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?
Death Penalty Reform Measures May Include Stricter Punishments for Police Officers who Lie Under Oath in Murder Trials P.A. 93-0655 April 2004 Illinois Law Update, Page 176 This legislation will become effective if the legislature enacts the Capital Punishment Reform Study Committee Act (Senate Bill 472) over the Governor's amendatory veto.
Defendant was not required to introduce her own expert witness regarding the relationship of the plaintiff's prior injuries to the automobile collision because she was able to establish the same from cross-examination of the plaintiff's experts, obviating the need for further expert testimony May 2004 Illinois Law Update, Page 242 On January 30, 2004, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Lake County admitting evidence of a motorist's prior injuries without expert testimony regarding causation of the prior injuries. 
Defendant's conviction for armed robbery upheld based on limited circumstantial evidence regarding the presence of a weapon: a thin cut on victim's throat and victim's "confused" testimony May 2004 Illinois Law Update, Page 242 On February 5, 2004, the Appellate Court of Illinois, Third District, affirmed the conviction of the defendant for armed robbery in the Circuit Court of Kankakee County. 
The defendant's failure to prove that removal of her children from Illinois would be in the children's best interests was not against the manifest weight of the evidence August 2004 Illinois Law Update, Page 398 On May 19, 2004, the Illinois Appellate Court, Second District, held that the trial court's denial of the petitioner's removal petition was not against the manifest weight of the evidence. 
Defendants liable for undiscounted hospital bills, appellate court rules By Helen W. Gunnarsson August 2004 Lawpulse, Page 390 The third district appellate court ruled early this year that a plaintiff is entitled to the amount of a hospital's undiscounted bill, not a lower amount negotiated by the plaintiff's insurance carrier.
Demystifying the USA PATRIOT Act By William F. Zieske February 2004 Article, Page 82 Have you wondered what this massive, controversial Act is really all about? Here's a summary and review.
Denial of "fitness to stand trial" hearing in a parental rights proceeding did not violate father's due process rights November 2004 Illinois Law Update, Page 568 On August 20, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's decision finding the respondent father unfit to parent a child and terminating his parental rights.