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Illinois Bar Journal
Articles From 2005

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Living in a two story house By Helen W. Gunnarsson August 2005 Lawpulse, Page 382 Can parties be "separate and apart" for purposes of filing for divorce while still living under the same roof?
LLC Potpourri By Lin Hanson December 2005 Column, Page 646 Series LLCs are a valuable tool, but they're expensive. here are some money-saving tips.
Loan program application procedures established for brownfields site restoration program January 2005 Illinois Law Update, Page 14 The Illinois Department of Commerce and Economic Opportunity (Department) recently adopted 35 Ill Adm Code 1740. Effective October 21, 2004, the purpose of the new part is to establish the application procedure and reimbursement requirements for the Brownfields Site Restoration Program
Longer hazardous waste accumulation allowed for members of NEPTP August 2005 Illinois Law Update, Page 390 In order to reflect changes in the federal hazardous waste program allowing greater waste accumulation time for members of the National Environmental Performance Track Program .
Losing streak By Helen W. Gunnarsson May 2005 Lawpulse, Page 226 Compulsive gambling is like other pathological behavior that leads lawyers astray, with a big difference – it's not treated as a mitigating factor by the ARDC.
Maintenance proceedings revised in IMDMA - PA 094-0089 September 2005 Illinois Law Update, Page 446 Effective January 1, 2006, the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/101 et seq) is revised to provide that "any maintenance obligation, including any unallocated maintenance and child support obligation, or any portion of any support obligation.
Making settlement appealing By Helen W. Gunnarsson February 2005 Lawpulse, Page 62 On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.
Mandatory minimum sentence increased for domestic battery - PA 093-0809 June 2005 Illinois Law Update, Page 280 Effective on January 1, 2005, in addition to any other sentencing alternatives for a second or subsequent conviction for domestic battery, an individual will be automatically sentenced to a minimum of 72 consecutive hours in prison.
Maximizing Punitive Damages after BMW and State Farm: A Trial Lawyer’s Guide By Peter S. Stamatis and Alexander T. Muhtaris March 2005 Article, Page 112 Despite rumors to the contrary, the U.S. Supreme Court has not ruled punitive damages unconstitutional. Here's how to make the most of your cases.
Maximum hourly amount for attorney’s fees increased for contested unemployment insurance matters April 2005 Illinois Law Update, Page 170 The Illinois Department of Employment Security recently amended 56 Ill Adm Code 2720.20. These changes became effective on January 24, 2005.
MCLE: Ready or Not, Here it Comes By Helen W. Gunnarsson December 2005 Article, Page 626 A lawyer's-eye view of the new MCLE rules.
Mediation of Financial Issues – Proceed with Caution By H. Joseph Gitlin October 2005 Column, Page 538 Financial mediators, more than custody mediators, must know the fine points of the law.
Medical Malpractice and the Tort System in Illinois By Neil Vidmar July 2005 Article, Page 340 According to an ISBA-commissioned report, the increase in doctors' liability insurance premiums apparently has not been caused by runaway juries.
Mercury-Containing Equipment added to Universal Waste Category August 2005 Illinois Law Update, Page 390 The Illinois Pollution Control Board has amended Part 733 of Title 35, 35 Ill Adm Code 733, effective April 13, 2005.
More individuals protected from potential harassment by criminal defendants PA 093-0818 January 2005 Illinois Law Update, Page 14 The Criminal Code has been amended to protect additional individuals from harassment when they are or were expected to testify in a legal proceeding. 
More protection for children under the age of 9 years - PA 094-0011 August 2005 Illinois Law Update, Page 390 On June 8, 2005, the Children's Product Safety Act ("Act") is amended by raising the age of children protected under the Act from under the age of 6 years, to any child under the age of 9 years. 
More than the Blues By Karen Erger August 2005 Column, Page 422 Know a lawyer who suffers from depression? Here's how to help.  
Mortgage Escrow Account Act expands “mortgage lenders” and notice requirements - PA 094-0050 September 2005 Illinois Law Update, Page 446 On June 17, 2005, the Mortgage Escrow Account Act (Act) (765 ILCS 910/1 et seq) was modified from its original form so as to broaden the scope of "mortgage lender" to include savings banks, credit unions, mortgage bankers, and one who services the loan.
Motions to dismiss will be treated the same, as long as there’s no prejudice to the plaintiff April 2005 Illinois Law Update, Page 170 On January 31, 2005, the Illinois Appellate Court, First District, affirmed in part and reversed in part the Circuit Court of Cook County's decision granting the defendants' Code of Civil Procedure section 2-619(a)(9) motion to dismiss the complaint.
A moving experience By Helen W. Gunnarsson August 2005 Lawpulse, Page 382 Did you know you can schedule your opponent's motion for hearing if he doesn't?
New Act seeks to address public health crisis regarding suicides—PA 093-0907 April 2005 Illinois Law Update, Page 170 On August 11, 2004, Illinois adopted the Suicide Prevention, Education, and Treatment Act in an effort to address this crucial public health concern, which ranks tenth among causes of death nationally. 
The New Bankruptcy Law: A Consumer Lawyer’s Guide By James J. Haller and William A. Mueller September 2005 Article, Page 454 The new act takes effect next month: here are the most important changes to Chapters 7 and 13.
New endorsements for transportation of hazardous materials October 2005 Illinois Law Update, Page 506 Effective July 28, 2005, the Secretary of State has added a new section to Part 1030 of Title 92, 92 Ill Adm Code 1030.
New exemptions from mandatory registration requirement for unemployment insurance applicants April 2005 Illinois Law Update, Page 170 The Illinois Department of Employment Security has amended 56 Ill Adm Code 2865. 
New grant program seeks an increase in students entering high technology fields June 2005 Illinois Law Update, Page 280 Effective on March 22, 2005, the Illinois Department of Commerce and Economic Opportunity adopted 14 Ill Adm Code 110.
New grievance procedure under Americans with Disabilities Act July 2005 Illinois Law Update, Page 336 The Illinois State Board of Education (Board) recently added Part 1300 of Title 4 (4 Ill Adm Code 1300), effective April 25, 2005.
New guidelines for adult entertainment facilities PA 093-1056 March 2005 Illinois Law Update, Page 116 Effective November 23, 2004, the Counties Code (55 ILCS 5) was amended by changing section 5-1097.5 to prohibit adult entertainment facilities from locating within 3,000 feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship.
New health requirements for indoor physical fitness facilities December 2005 Illinois Law Update, Page 622 Pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act, the Department of Public health has added Part 527 to Title 77 (77 Ill Adm Code 527). 
The New Illinois Gestational Surrogacy Act By Nancy Ford May 2005 Article, Page 240 In Illinois, a recently enacted statute governs would-be parents' contracts with surrogate mothers. Here's a look at what the new law does and doesn't do.
New IPI instructions are free on the Web By Helen W. Gunnarsson April 2005 Lawpulse, Page 162 Sign up with the supreme court to get notice every time a new IPI instruction is made available.