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Illinois Bar Journal
Articles From 2006

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Electronic recording of vehicle speeds permitted only in construction zones. PA 094-0814 September 2006 Illinois Law Update, Page 464 In order to increase safety for construction and maintenance workers, Section 11-605.1 of the Illinois Vehicle Code (Code) was amended and section 11-612 was added. 625 ILCS 5/11-605.1 and 11-612. 
Electronic tax payments are timely if started prior to the due date September 2006 Illinois Law Update, Page 464 Effective June 26, 2006, the Illinois Department of Revenue (Department) amended part 750 of title 86, 86 Ill Adm Code 750. 
Employee Stock Forfeiture Provisions : A Different Breed of Restrictive Covenant By James V. Garvey and Frederic T. Knape July 2006 Article, Page 376 The authors argue that forfeiture provisions should not be subjected to  traditional restrictive covenant analysis.
Employees granted leave time to donate blood September 2006 Illinois Law Update, Page 464 The Illinois Department of Public Health has added new sections to part 985 of title 77, 77 Ill Adm Code 985. 
Employer sues ex-employee under computer fraud law for deleting data - and wins By Helen W. Gunnarsson September 2006 Lawpulse, Page 458 A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.
Employers’ liability for employees’ loose tongues By Helen W. Gunnarsson July 2006 Lawpulse, Page 338 The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 
Employers not responsible for employee fatigue October 2006 Illinois Law Update, Page 526 On July 14, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of La Salle County, dismissing plaintiff Behrens' complaint against Harrah's for failure to state a claim. 
Employers’ Tort Liability for Employees’ Injuries: A Primer By Jennifer E. Simms November 2006 Article, Page 602 An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.
EPA amended for pollution control PA 094-0725 April 2006 Illinois Law Update, Page 174 Effective June 1, 2006, the Environmental Protection Act (Act) (415 ILCS 5 et seq) was amended by revising sections 22.51 and 39, respectively, to set more precise standards in the field of excavation. 
Equitable apportionment proper where will is silent as to covering shortfalls October 2006 Illinois Law Update, Page 526 On July 20, 2006, the Illinois Appellate Court, Third District, answered a certified question brought on interlocutory appeal and remanded the cause back to the Circuit Court of Rock Island County.
Equitable estoppel not inapplicable to private alterations of child support orders July 2006 Illinois Law Update, Page 334 On April 19, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which found that it had no authority to determine whether equitable estoppel prevented a mother from collecting unpaid child support from the father. 
Estate Planning for Disabled Adults: The Legal Framework By Thomas A. Pasquesi May 2006 Article, Page 242 A look at the standards that guide guardians and courts charged with making decisions on behalf of incompetent wards.
Evidence of settling defendants’ culpability admissible for apportionment of fault November 2006 Illinois Law Update, Page 584 On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.
Excessive engine braking noise prohibited in commercial vehicles : PA 094-0756 July 2006 Illinois Law Update, Page 334 The Illinois General Assembly has amended the Illinois Vehicle Code (Code) by adding section 602.1. 625 ILCS 5/12-602.1.
Expanding the Use of Medical Treatises in Illinois Trials By Terrence J. Lavin and Michelle L. Wolf August 2006 Article, Page 426 The authors argue that following the federal approach would produce a better-informed jury.
Expectations in an Envelope By Karen Erger February 2006 Column, Page 96 So why do lawyers use those self-serving engagement letters? Oh, the many reasons.
Fair Value Redux By Lin Hanson June 2006 Column, Page 318 Proposed legislation would clarify LLC minority shareholders' rights and remedies.
False personation of peace officer while carrying a weapon now a felony PA 094-0730 June 2006 Illinois Law Update, Page 284 Effective April 17, 2006, the Criminal Code of 1961, 720 ILCS 5/1-1 et seq, was amended to expand the statutory restriction on the unlawful use of weapons. 
Family Law and the New Bankruptcy Code By John J. Johnston March 2006 Article, Page 128 The new Code amendments have a major impact on family law - here are key provisions, issues, and strategies.
“Family or household member” classification in domestic battery proceedings may require extended cohabitation March 2006 Illinois Law Update, Page 118 On December 22, 2005, the Illinois Appellate Court, Second District, modified a decision of the Circuit Court of DuPage County, which convicted the defendant of two counts of domestic battery. 
Federal Government Info on the Web By Thomas Keefe July 2006 Column, Page 382 Much of the primary federal law once available only for a fee is now free on the Web.
Federal regulations adopted regarding driver service hours June 2006 Illinois Law Update, Page 284 92 Ill Adm Code 395 has been amended by the Illinois Department of Transportation, which has integrated the regulations that the Federal Motor Carrier Safety Administration began using via 70 FR 49978, as of August 25, 2005. 
Filing System Basics for Solo and Small-Firm Lawyers By Carl R. Draper February 2006 Article, Page 84 Is your filing system - paper and electronic - up to snuff?
Financial reports required for charity sale of motor vehicles or watercrafts PA 094-0749 August 2006 Illinois Law Update, Page 404 The Solicitation for Charity Act is amended by changing section 6, 225 ILCS 460/6, which requires specific information in the financial reports of fund raisers that collect or sell motor vehicles or watercrafts. 
Fraudulent concealment keeps legal malpractice defendants on the hook By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 A tortfeaser who fraudulently conceals a legal malpractice cause of action can be sued even after the statute of repose has run, the supreme court held last month. 
Free Online Research from Fastcase By Irene F. Bahr September 2006 Column, Page 456 This exciting benefit more than repays your dues investment.
The General Assembly rewrites eminent domain law By Helen W. Gunnarsson June 2006 Lawpulse, Page 278 The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 
General Not for Profit Corporation Act of 1986 has new signature rules October 2006 Illinois Law Update, Page 526 The Illinois Secretary of State has added a new section to part 160 of title 14, 14 Ill Adm Code 160. 
The Geography of Class Litigation By James E. Pfander March 2006 Column, Page 148 The federal and state high courts have shown a sophisticated understanding of the territorial reach of regulatory power. 
Good Samaritan Act amended - PA 094-0825 October 2006 Illinois Law Update, Page 526 In an effort to encourage bystanders to provide aid to those in need, the Illinois General Assembly added section 67 to the Good Samaritan Act. 745 ILCS 49/67.