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Illinois Bar Journal
Articles From 2005

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New law fine-tunes child rep statute By Helen W. Gunnarsson October 2005 Lawpulse, Page 498 A new act seeks to clear up confusion about the differing roles of attorney, GAL, and child representative, and expressly authorizes judges to order divorcing spouses into counseling.
New limits for family limited partnerships By Helen W. Gunnarsson August 2005 Lawpulse, Page 382 Casting a shadow over a popular tax avoidance device, a recent case disallowed an estate tax break for a decedent who maintained too much control over the business he transferred to his family limited partnership.
New provisions for appointment of counsel in child support enforcement proceedings February 2005 Illinois Law Update, Page 68 The Illinois Department of Public Aid recently adopted amendments to the Child Support Enforcement regulations, 89 Ill Adm Code 160.10(h).
New reg requires law firms to “properly dispose” of consumer info By Helen W. Gunnarsson July 2005 Lawpulse, Page 330 Effective June 1, a Federal Trade Commission regulation requires businesses – including law firms – to destroy sensitive information derived from consumer credit reports.
New requirements to report teachers’ service and earnings credit November 2005 Illinois Law Update, Page 564 Effective August 9, 2005, the Teachers' Retirement System (TRS) has added a new section to Part 1650 of Title 80, 80 Ill Adm Code 1650. 
New rules bring clarity to appellate practice By Helen W. Gunnarsson December 2005 Lawpulse, Page 614 Appellate practitioners welcome the supreme court rule changes, including a new rule providing that a party can file only one postjudgment motion directed at a final order.
No recovery of economic losses for negligent design December 2005 Illinois Law Update, Page 622 On September 26, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County dis-missing the plaintiff-homeowners' architectural malpractice action against the architect and architectural firm. 
No statutory right to refuse chemical testing for DUI May 2005 Illinois Law Update, Page 232 On February 3, 2005, the Illinois Supreme Court reversed the decisions of both the appellate and circuit courts, which granted the defendant's motion to suppress the results of his blood and urine tests. 
No unauthorized practice of law when lenders prepare documents July 2005 Illinois Law Update, Page 336 On April 21, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Fourth District, and the Circuit Court of Cook County's decision granting summary judgment to the defendant. 
(Not so) dastardly deeds By Helen W. Gunnarsson January 2005 Lawpulse, Page 8 If you spot a mistake in a deed, don't panic. There might just be an easy fix.
Obtaining and Defending Against an Order of Protection By Thomas J. Kasper June 2005 Article, Page 290 Orders of protection can become part of the gamesmanship of divorce. Here's how to represent plaintiffs and defendants in OP proceedings.
One-year limitation period in Tort Immunity Act applies to personal injury actions against local public entities February 2005 Illinois Law Update, Page 68 On November 18, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's dismissal of the plaintiff's personal injury action. 
“Other-crimes” evidence is admissible to show defendant’s intent and lack of mistake April 2005 Illinois Law Update, Page 170 On January 21, 2005, the Illinois Supreme Court found that the circuit court did not abuse its discretion in admitting the evidence in question and upheld the appellate court's affirmance of the convictions.
Part-time/concurrent service may be considered to determine service time under SURS December 2005 Illinois Law Update, Page 622 Effective September 6, 2005, the Illinois State Universities retirement System has added a new section to Part 1600 of Title 80, 80 Ill Adm Code 1600.
Participants in SURS benefit plans may elect to make contributions during military leave October 2005 Illinois Law Update, Page 506 In Part 1600 of Title 80, 80 Ill Adm Code 1600, the State Universities Retirement System (SURS) has added a new section. 
Patients Challenge Nonprofit Hospitals’ Charitable-Care Practices By Neville M. Bilimoria March 2005 Article, Page 134 A look at recent cases brought by plaintiffs against hospitals and their charitable-care practices
Personal goodwill is not to be included in a division of marital assets April 2005 Illinois Law Update, Page 170 On January 21, 2005, the Illinois Supreme Court reversed the judgment of the appellate court and upheld the circuit court's determination that personal goodwill be excluded in the valuation of the former husband's dental practice.
A plaintiff may not base a motion for summary judgment on issues not contained in the pleadings September 2005 Illinois Law Update, Page 446 On June 30, 2005, the Illinois Appellate Court, First District, reversed the Circuit Court of Cook County's decision granting the plaintiff summary judgment in a lease termination dispute.
A plaintiff must establish a prima facie basis for exercising long-arm jurisdiction over a non-resident corporation July 2005 Illinois Law Update, Page 336 On April 13, 2005, the Illinois Appellate Court, Fifth District, reversed the Circuit Court of Lawrence County's decision finding personal jurisdiction over a successor non-resident defendant corporation. 
A plaintiff must object to a witness at the time the witness is to testify, in order to preserve that objection for appeal September 2005 Illinois Law Update, Page 446 On June 28, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiffs' motion to bar the defendant's expert witness from testifying at trial. 
Planning for Business Breakups By Lin Hanson September 2005 Column, Page 482 Pre-planning helps make endings happy – or at least less unhappy.  
Police force applicant qualifications tightened July 2005 Illinois Law Update, Page 336 The Illinois Department of State Police Merit Board has amended Part 150 of Title 80 of the Illinois Administrative Code. Effective April 15, 2005, the amendment refines the pool of police force applicants by requiring either a Bachelor's Degree or an Associate's Degree.
Police officer decertification hearings procedure adopted February 2005 Illinois Law Update, Page 68 The Illinois Labor Relations Board (Board) recently adopted 80 Ill Adm Code 1240, effective November 1, 2004. 
Pre-conviction suspension or revocation of driver’s licenses and permits clarified November 2005 Illinois Law Update, Page 564 The Illinois Secretary of State has amended Part 1040 of Title 92, 92 Ill Adm Code 1040. 
Preaching to the Converted By Robert K. Downs November 2005 Column, Page 556 Solo and small firm lawyers are in touch with the core values of the profession.
Preparing to Meet the Future By Ole Bly Pace, III May 2005 Column, Page 224 We don't alter the future, but we can plan for it
A private medical clinic does not qualify as a “place of public accommodation” March 2005 Illinois Law Update, Page 116 On December 20, 2004, the Illinois Appellate Court, Fourth District, affirmed the decision of the Illinois Human Rights Commission (Commission) granting a medical clinic's motion to dismiss the pleading.
Procedural and practice rules promulgated for voluntary mediation of public utility disputes March 2005 Illinois Law Update, Page 116   The Illinois Commerce Commission recently adopted 83 Ill Adm Code 201, dealing with voluntary mediation practice in the resolution of public utilities disputes. 
Procedures adopted for processing claims under the Illinois Worker Adjustment and Retraining Notification Act July 2005 Illinois Law Update, Page 336 The Illinois Department of Labor (IDL) recently added Part 230 of Title 56 of the Illinois Administrative Code, 56 Ill Adm Code 230.
Process for hospitals to receive Medicaid and Medicare payments amended August 2005 Illinois Law Update, Page 390 The Illinois Department of Public Aid recently amended Part 148 of Title 89 of the Illinois Administrative Code, 89 Ill Adm Code 148.