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Illinois Bar Journal
Articles From 2006

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Nurse with license pending may be qualified under Veterans Act PA 094-703 March 2006 Illinois Law Update, Page 118 In order to accommodate the number of veterans who require nursing care at their homes, section 2.07 of the Department of Veterans Affairs Act, 20 ILCS 2805/2.07.
An omission in an indictment is harmless error unless the defendant can prove prejudice February 2006 Illinois Law Update, Page 68 On December 15, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, affirming the defendant's ten-year prison term for involuntary manslaughter of a family or household member. 
Only the state supreme court has authority to decide between competing interests behind the court's rules February 2006 Illinois Law Update, Page 68 On December 1, 2005, the Illinois Supreme Court reinstated the defendant's appeal for post-conviction relief and remanded his case to the Illinois Appellate Court, First District. 
Otherwise invalid disclaimer may be made valid by parties' "course of dealing" December 2006 Illinois Law Update, Page 650 On October 6, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, held that implied warranties had been disclaimed throughout the course of dealings between a window manufacturer and one of its parts suppliers, and granted the defendant parts supplier's motion to dismiss. 
Partially consumed bottles of wine permitted to leave restaurants - PA094-0630 December 2006 Illinois Law Update, Page 650 Recently, the Illinois General Assembly added section 6-33 to the Liquor Control Act of 1934 (Act) to allow restaurant patrons to take an unfinished bottle of wine home with them if certain requirements are met.
Personal Information Protection Act amended to help prevent identify theft- PA 094-0947 December 2006 Illinois Law Update, Page 650 With increasing concern over identity theft, the Illinois General Assembly amended the Personal Information Protection Act (Act), covering any data collector that owns or licenses personal information concerning an Illinois resident.
Playing the Rule 68 card By Helen W. Gunnarsson May 2006 Lawpulse, Page 222 FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 
The Playmate and the Probate Exception By James E. Pfander June 2006 Column, Page 320 The probate exception lay dormant for decades, but Anna Nicole Smith's case revived it.
POA amendments help protect incapacitated principals By Helen W. Gunnarsson September 2006 Lawpulse, Page 458 The new law empowers the Department of Aging and its provider agencies to go to court to require agents to produce their records, which will help authorities identify and stop abuse.
POA perils By Helen W. Gunnarsson August 2006 Lawpulse, Page 398 The supreme court's opinion in In re Winthrop is valuable reading for attorneys who sometimes find themselves preparing a power of attorney for Party A at the behest of Party B. 
Police and firefighters' duties must be kept separate -PA 094-720 March 2006 Illinois Law Update, Page 118 The Illinois Municipal Code was amended by adding section 10-3-3.1, 65 ILCS 5/10-3-3.1, in order to make distinct the duties of police officers and firefighters.
Police departments typically not "victims" under restitution statute July 2006 Illinois Law Update, Page 334 On April 6, 2006, the Illinois Appellate Court, Second District, affirmed in part and vacated in part the decision of the Circuit Court of DuPage County to order defendant Danenberger to pay restitution to the Naperville Police Department (Department) as a condition of her probation for filing a false police report. 
Political committee raffle requirements changed February 2006 Illinois Law Update, Page 68 Effective November 7, 2005, the State Board of Elections has amended Part 210 of Title 26, 26 Ill Adm Code 210, which guides raffles run by political committees.
Politics and the Bar By Robert K. Downs April 2006 Column, Page 164 When it comes to promoting the rule of law, lawyers should be political animals.
Pollution Control Board adds five new permit exemptions June 2006 Illinois Law Update, Page 284 Effective March 3, 2006, five new permit exemptions are available from the Pollution Control Board. The exemptions are found in Part 201 of Title 35, in new subsections hhh through lll of section 201.146.
Practical Lessons from the First Circuit Mediation Program By Suzanne J. Schmitz January 2006 Article, Page 30 Mediation of civil cases is also succeeding in the state's southern- most counties. find out why and how.
The Predatory Lending Database Has Arrived By James K. Weston October 2006 Column, Page 560 Illinois' anti-mortgage-fraud program debuted September 1. Will it fulfill its intended purpose?
Predatory Lending Database Pilot Program By James K. Weston January 2006 Column, Page 44 A well-intentional law armed at predatory lending puts title companies and lawyers at risk, the author argues
Predatory Lending, Notary Fraud By James K. Weston April 2006 Column, Page 204 Illinois' predatory lending law gets off to a slow start, and notary fraud arrives on legislators' radar screens.
Preparing for a Rainy Day By Karen Erger October 2006 Column, Page 562 Tips for creating your firm's emergency plan.
A Primer on the General Assembly's Web Site By Thomas Keefe September 2006 Column, Page 504 It's now an excellent starting point for research.
Probate Act section should be read independently of IMDMA April 2006 Illinois Law Update, Page 174 On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child. 
Procedure for filling vacancies on the Board of Trustees of the Teachers' Retirement System amended PA 094-710 March 2006 Illinois Law Update, Page 118 With regard to vacancies on the Board of Trustees of the Illinois Teachers' Retirement System, section 16-165 of the Illinois Pension Code, 40 ILCS 5/16-165, was amended.
Procedures clarified regarding wagers on moved horse races June 2006 Illinois Law Update, Page 284 The Illinois Racing Board has amended 11 Ill Adm Code 308.40.
Procedures for appealing to PTAB adjusted May 2006 Illinois Law Update, Page 230 In order to clarify existing procedures and add a new deadline extension for submitting rebuttal evidence, the Property Tax Appeal Board has amended and added to Part 1910 of Title 86, 86 Ill Adm Code 1910, effective February 15, 2006.
Procedures for appeals before the Property Tax Appeal Board amended April 2006 Illinois Law Update, Page 174 Effective January 20, 2006, Part 1910 of Title 86, 86 Ill Adm Code 1910, was amended and new sections were added regarding property tax appeals.
Public Employee Disability Act calls for disbursement of benefits beyond one calendar year August 2006 Illinois Law Update, Page 404 On June 2, 2006, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of McLean County, construing the time limitation under the Public Employee Disability Act (Act), 5 ILCS 345/1 et seq, to apply to the time the employee is unable to perform, notwithstanding the calendar period of time that has passed since a duty-related injury.
Quitclaim deeds require notification to previous owner. PA 094-0823 September 2006 Illinois Law Update, Page 464 The Illinois General Assembly recently added Section 3-5046 to the Counties Code in order to provide better notice to previous owners that a quitclaim deed has been filed. 
Railroad operator liable for injury to frequent trespasser May 2006 Illinois Law Update, Page 230 On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser. 
Rate increases provided for developmental care facilities and agencies August 2006 Illinois Law Update, Page 404 The Illinois Department of Health and Family Services has amended 89 Ill Adm Code 153. The amendment grants rate increases of three percent to "intermediate care facilities for persons with developmental disabilities" (ICF/MRs) and to agencies for developmental training.