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Illinois Bar Journal
Articles From 2007

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Land Surveyor Liability to Third Parties in Illinois By Richard F. Bales March 2007 Article, Page 136 The land surveyor made a mistake - what are the damages? The defenses? Who can recover? This article explores those questions from the plaintiffs' and defense perspectives.
Law firm that followed state collection law not liable under FDCPA By Helen W. Gunnarsson June 2007 Lawpulse, Page 286 A law firm did not violate the federal Fair Debt Collection Practices Act when it followed Illinois procedure for collecting a state-court judgment, the seventh circuit ruled.
Lawpulse Have you been bench-slapped by the 7CA? By Helen W. Gunnarsson January 2007 Lawpulse, Page 8  Are seventh circuit justices' public scoldings of attorneys for defective jurisdictional statements disproportionately harsh?
Lawsuit challenges med-mal caps By Helen W. Gunnarsson January 2007 Lawpulse, Page 8 The suit, filed in Cook County, argues that the statute violates the separation of powers, is impermissible special legislation, and suffers from other constitutional infirmities.
The Learned Intermediary Doctrine and Pharmaceutical Company Liability By Stephen R. Kaufmann and Jason D. Johnson April 2007 Article, Page 202 The learned intermediary doctrine is strong armor against liability for pharmaceutical companies. But it's not without chinks.
Legal aid groups would benefit from cy pres statute By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 A bill would make it more likely that legal aid and other charitable organizations will end up with leftover class-action settlement proceeds.
Legislative Developments for Real Estate Lawyers By James K. Weston July 2007 Column, Page 384 Mortgage fraud and bifurcated closings were among the issues for this year's General Assembly.
Licensing of copyrighted images is subject to Right of Publicity Act October 2007 Illinois Law Update, Page 516 On August 2, 2007, the Illinois Appellate Court, First District, answered two certified questions and affirmed the order of the Circuit Court of Cook County denying defendant Corbis Corporation's motion to dismiss counts III and VI of plaintiff James Brown's amended complaint.
Licensing of physicians tied to maintenance of profiles December 2007 Illinois Law Update, Page 632 The Department of Financial and Professional Regulation, which regulates the licensing of physicians, has created rules to implement the Medical Practice Act of 1987, 225 ILCS 60 et seq, which required that the department make publicly available profiles of all physicians licensed in Illinois. 68 Ill Adm Code 1285. 
Limitations placed on property patients in mental health facilities may possess March 2007 Illinois Law Update, Page 124 Effective December 27, 2006, the Department of Human Services has implemented new rules in 59 Ill Adm Code 110.30 that allow the staff at mental health facilities to keep contraband, dangerous, and restricted items away from patients in order to protect the safety of both staff and patients. 59 Ill Adm Code 110.30. 
Liquidated Damages: The Forgotten Remedy in Noncompete Disputes By Kenneth J. Vanko May 2007 Article, Page 254 Damages are often difficult to prove in unfair competition cases. Liquidated damages clauses can provide an effective - and efficient - remedy.
Litigating Noncompetition Agreements: The Employee’s Perspective By Patrick M. Kinnally May 2007 Article, Page 250 Your client's former employer goes to court seeking a TRO to enforce a noncompete agreement against him. What do you do?
A Little Dabbling’ll Do Ya In By Karen Erger February 2007 Column, Page 106 Ignorance of the law is no excuse, especially for lawyers.
LLC Operating Agreements By Lin Hanson March 2007 Column, Page 152 Written agreements allow you to define relationships among shareholders, members, and partners.
LLCs and Asset Protection By Lin Hanson December 2007 Column, Page 662 LLCs afford clients protection from creditors, but not unlimited protection.
llinois Civil Rights Act amended to protect against gender discrimination. PA 0 95-0541 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has amended Section 5 of the Illinois Civil Rights Act of 2003 to prohibit gender discrimination. 740 ILCS 23/5.
Local governments barred from reverse auction evaluation of professional services bids -PA 094-1097 July 2007 Illinois Law Update, Page 348 The Illinois General Assembly has amended Section 5 of the Local Government Professional Services Selection Act, 50 ILCS 510/5. 
Local public entity immune from retaliatory discharge claim August 2007 Illinois Law Update, Page 404 On June 6, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Lake County dismissing Gregory Smith's retaliatory discharge complaint against the Waukegan Park District. 
Mandated cystic fibrosis testing for all infants born in Illinois December 2007 Illinois Law Update, Page 632 The Newborn Metabolic Screening and Treatment Code now mandates that all infants born in Illinois be tested for cystic fibrosis. 77 Ill Adm Code 661. 
Mass tort personal injury cases generally not suitable for class action February 2007 Illinois Law Update, Page 72 On November 30, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Fifth District, and the Circuit Court of Perry County, both of which improperly certified a class of plaintiffs. 
Medicaid Planning in Illinois: Are You Ready for the DRA? By Kirsten Izatt November 2007 Article, Page 586 The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.
Medical assistance eligibility enlarged for some patients with breast or cervical cancer April 2007 Illinois Law Update, Page 176 Effective January 28, 2007, the Illinois Department of Healthcare and Family Services has amended 89 Ill Adm Code 120. 
Melena and Mandatory Arbitration Agreements in Employment Contracts By Andrew Harris August 2007 Article, Page 418 A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.
Mental suffering now compensable in wrongful death cases By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.
Mentor program for new principals established December 2007 Illinois Law Update, Page 632 The State Board of Education has implemented Section 2-3.53a of the School Code, 105 ILCS 5/2-3.53a, which calls for a mentoring program between first-year principals and experienced principals. 23 Ill Adm Code   
Merci, et Au Revoir By Irene F. Bahr June 2007 Column, Page 284 President Bahr reviews her year at the helm.
Merger doctrine does not apply where parties operated under mutual mistake of fact March 2007 Illinois Law Update, Page 124 The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's finding that the merger doctrine required a dismissal of the plaintiffs' claims because the evaluation of the tax credit at the time of closing was a matter of public record. 
The Mortgage Rescue Fraud Act By James K. Weston January 2007 Column, Page 52 This law, effective January 1, is designed to protect soon-tobe-forclosed landowners from a "rescue" scam.
The Naked Truth: Fourth Amendment Lessons from the Supreme Court By Kerry J. Bryson July 2007 Article, Page 360 A review of recent home-search cases from the U.S. Supreme Court, including the Rettele "naked search" case from May.
Negligence is a proper consideration in determining entitlement to tax deed indemnity fund December 2007 Illinois Law Update, Page 632  On October 4, 2007, the Illinois Supreme Court affirmed the opinion of the third district appellate court, holding that the plaintiff, Chris Malmloff, was not entitled to compensation from the tax deed indemnity fund.