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Illinois Bar Journal
Articles From 2004

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Tenants assured repayment of expenses for repairs to rented property P.A. 093-0891 October 2004 Illinois Law Update, Page 514 The Residential Tenants' Right to Repair Act will become effective January 1, 2005.
There is Ample Sunshine Already By Gregory C. Ray March 2004 Article, Page 139 The Illinois House has passed, and the Senate is considering, a bill that would limit the power of the parties and the court to bar access to information in litigation involving "public hazards." 
Third-party entities barred from accepting payments for certifying drivers September 2004 Illinois Law Update, Page 456 The Illinois Secretary of State recently adopted amendments to 92 Ill Adm Code 1030 effective on June 14, 2004. 
This is Me Leaving You: Illinois Departs from the Federal Estate Tax Scheme By Susan T. Bart January 2004 Article, Page 20 A critical look at legislation "decoupling" Illinois' estate tax from the federal credit.
Three-year bingo licenses are now available P.A. 093-0742 September 2004 Illinois Law Update, Page 456 Effective immediately, for a triennial fee of $600, the Department of Revenue shall issue a license for the conducting of bingo to any bona fide religious, charitable, labor, fraternal, youth athletic, senior citizen, educational, or veterans' organization organized in Illinois. 
Title work is lawyers' work By Helen W. Gunnarsson July 2004 Lawpulse, Page 334 Leading real estate practitioners warn their fellow lawyers not to cede control over title work to realtors.
The Top 10 Ways to Avoid Losing a Motion for Summary Judgment By Hon. Barbara A. McDonald March 2004 Article, Page 128 Learn how to improve your odds of winning a summary judgment motion or, as a nonmovant, how to spot flaws in your adversary's argument.
Transmitters of Money Must Make License Disclosures P.A. 93-0535 January 2004 Illinois Law Update, Page 16 The Transmitters of Money Act ("TOMA") now provides that authorized sellers engaging in the business of transmitting money on behalf of a licensee must conspicuously display a disclosure notice supplied by the licensee.
Trial court abused its discretion by entering a judgment of paternity as a sanction for refusal to submit to DNA tests, because the court-imposed findings did not serve any interests of the minor child, putative parent, or state February 2004 Illinois Law Update, Page 70 On November 24, 2003, the Appellate Court of Illinois, First District, reversed judgments of paternity of the Circuit Court of Cook County in three consolidated cases and remanded for further proceedings. 
Trial court did not abuse its discretion in awarding $8,500 a month in child support even though the monthly amount spent on the child was $1,000 and the total monthly household expenses were $4,000. March 2004 Illinois Law Update, Page 124 On December 10, 2003, the Appellate Court of Illinois, Fourth District, upheld the order of the Circuit Court of Vermillion County ordering the non-custodial parent, a professional athlete, to pay $8,500 in monthly child support.
Trial court erred in ordering restitution based on a charge that was dismissed as part of plea agreement. March 2004 Illinois Law Update, Page 124 On December 30, 2003, the Appellate Court of Illinois, Second District, vacated the order of the trial court ordering the defendant to pay restitution based on a criminal damage to property charge that was dismissed as a part of her plea agreement on other charges.
Trial courts have no obligation to sua sponte issue an involuntary manslaughter instruction February 2004 Illinois Law Update, Page 70 On November 20, 2003, the Illinois Supreme Court reversed the judgment of the appellate court that found that the trial court had abused its discretion when it failed to sua sponteissue an involuntary manslaughter instruction to the jury. 
A Trust Counsel's Duty to Beneficiaries By Robert S. Held December 2004 Article, Page 636 Although the law is unsettled, attorneys for trusts may owe a fiduciary duty to trust beneficiaries.
Trustees dissatisfied with a judgment are free to appeal, but do so at their own risk and cost October 2004 Illinois Law Update, Page 514 On July 12, 2004, the Illinois Fourth District Appellate Court affirmed that part of the Circuit Court of McLean County's judgment that refused to award attorney's fees incurred by a trustee on appeal.
Trusts for Domestic Animals are Valid; P.A. 93-0668 June 2004 Illinois Law Update, Page 292 Effective January 1, 2005, the Illinois Trust and Trustees Act will acknowledge the validity of a trust for the care of one or more designated domestic or pet animals.
UCCJEA: A New Approach to Custody Jurisdiction and Interstate Custody and Visitation By Celia Guzaldo Gamrath April 2004 Article, Page 204 A look at the new law and the changes it makes in the way courts determine custody jurisdiction.
Undocumented Workers' Remedies for Employment-Law Violations in Illinois By Michael K. Fridkin May 2004 Article, Page 256 Despite a Supreme Court decision restricting their remedies under the NLRA, undocumented workers can still get relief under other employment laws, this author opines.
Uniform Mediation Act comes to Illinois By Helen W. Gunnarsson January 2004 Lawpulse, Page 10 Illinois' Uniform Mediation Act; one of two such state Acts nationwide; took effect January 1.
The Uniform Mediation Act: Illinois' Newest Privilege By Sarah E. Cook and Sheryl E. Healy February 2004 Article, Page 92 A look at this new law, which should make mediation a more attractive alternative to litigation.
Unlawful entry is an "authorized act" by a peace officer within the meaning of the municipal ordinance of resisting or obstructing a peace officer April 2004 Illinois Law Update, Page 176 On January 21, 2004, the Appellate Court of Illinois, Fourth District, affirmed the judgment of the Circuit Court of Champaign County convicting the defendant of resisting or obstructing a peace officer. 
Untangle Your Web Site By Maureen B. Collins and Hillary Altekruse Mann April 2004 Column, Page 222 Yes, you really do need a Web site, and these FAQs will help you make the most of it.
Using No-Reliance Clauses to Prevent Fraud-in-the-Inducement Claims By Joseph Wylie October 2004 Article, Page 536 Plaintiffs are using fraud-in-the-inducement theory to turn breach-of-contract allegations into tort claims. A new case gives defendants a way to fight back.
Using QDROs to Collect Support Payments: The Impact of In re Marriage of Thomas By Joseph N. DuCanto September 2004 Article, Page 474 Thomas empowers courts to use an ex-spouse's pension benefits to meet maintenance and support obligations.
Verbatim-record provision to meeting law amended By Helen W. Gunnarsson September 2004 Lawpulse, Page 450 The legislature amended the Open Meetings Act to clarify that verbatim recordings are accessible only in litigation over whether the public body violated the Act. Is the amendment too restrictive?
VESSA: unpaid leave for domestic violence victims By Helen W. Gunnarsson March 2004 Lawpulse, Page 118 Find out about this newly effective law that, like the Family and Medical Leave Act, grants unpaid leave to covered workers.
Voice Stress Analyzer a Permissible Method of Deception Detection P.A. 93-0619 February 2004 Illinois Law Update, Page 70 The Detection of Deception Examiners Act was recently amended to clarify that the Act does not prohibit the use of a voice stress analyzer by any trained.
Voluntary Dismissals in Illinois – a Critical Review By Markus May September 2004 Article, Page 484 The author examines the right to non-suit in Illinois and opines that it should be limited.
Watch out for (un)real estate deals By Helen W. Gunnarsson July 2004 Lawpulse, Page 334 Don't let your clients lead you down the road to a RESPA violation by misstating the price of real estate.
Website is immune from suit for defamation where it only posts links to information published by third parties. January 2004 Illinois Law Update, Page 16 On October 28, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County dismissing the plaintiff's defamation complaint.
What are "Books" and Why Do We Need Them? By Thomas Keefe November 2004 Column, Page 598 The question isn't whether to use books, it's how.