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Illinois Bar Journal
Articles From 2007

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New Consumer Remedies for UPL By Melinda J. Bentley December 2007 Column, Page 631 A new law allows clients to sue for UPL damages under the Illinois Attorney Act.
New corresponding rules to the Covering ALL KIDS Health Insurance Program Act January 2007 Illinois Law Update, Page 14 The Department of Healthcare and Family Services (Department) has created part 123 of title 89 of the Illinois Administrative Code (Code) to implement the Covering ALL KIDS Health Insurance Program Act (Act). 215 ILCS 170/1 et seq. 
New DUI bill replaces JDPs with "monitoring device driving permits" By Helen W. Gunnarsson August 2007 Lawpulse, Page 398 A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.
New election rules for candidates with changed names - PA 094-1090 April 2007 Illinois Law Update, Page 176 The Illinois General Assembly has created new guidelines in the Election Code for candidates for public election who have had their name changed at some point in the past. 
New fellowship program created for nursing faculty members March 2007 Illinois Law Update, Page 124 The Board of Education (Board) has adopted 23 Ill Adm Code 1105 in order to implement amendments made to the Board of Higher Education Act, 110 ILCS 205/0.01 et seq, that provide for the creation of a fellowship program for qualified nursing faculty working at eligible institutions of higher education. 
New Grant Program for Children Raised by Grandparents September 2007 Illinois Law Update, Page 460 Pursuant to Public Act 94-0968, an amendment to the Higher Education Student Assistance Act, 110 ILCS 947/65.75, the Department of Education has added 23 Ill Adm Code 2738, titled "Grant Program for a Child Raised by Grandparent," effective July 1, 2007. 
New guidelines for valuation of supportive living facilities - PA 094-1086 July 2007 Illinois Law Update, Page 348 A new section, 35 ILCS 200/10-390, has been added to the Property Tax Code, providing guidelines for the valuation of supportive living facilities.
New incentives to promote jobs in the film and bioscience industries March 2007 Illinois Law Update, Page 124 56 Ill Adm Code 2650 has been amended by the Department of Commerce and Economic Opportunity (Department). 
New law allows Human Rights Act plaintiffs to file in circuit court By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 Complainants under the Illinois Human Rights Act can now file in circuit court instead of with state agencies. This brings Illinois into line with federal practice and that of 38 states.
New law expands video appearances by prisoners By Helen W. Gunnarsson October 2007 Lawpulse, Page 510 Public defenders opposed the law's passage, arguing that it gives inmates second-class justice.
New law on attorney modification clauses in real-estate contracts? By Helen W. Gunnarsson September 2007 Lawpulse, Page 454 Has the second district made it easier for a party to a real estate contract to make a counter offer disguised as a mere "modification"?
New Legislative History Resources By Tom Gaylord May 2007 Column, Page 268 Debate transcripts and more are on the General Assembly's Web site.
New Liquor Control Act regulations for premises near schools and churches -PA 094-1103 April 2007 Illinois Law Update, Page 176 The Liquor Control Act of 1934 (Act) was amended by adding subsections (k) and (l) to section 6-11, 235 ILCS 5/6-11(k) and (l), which provide very detailed amendments to the Act.
New program helps needy families pursue education, build homes, and start businesses October 2007 Illinois Law Update, Page 516 The Department of Human Services has added a new section to 89 Ill Adm Code 112, "Temporary Assistance for Needy Families." 
New protected categories under the Illinois Human Rights Act February 2007 Illinois Law Update, Page 72 The Department of Human Rights has amended 44 Ill Adm Code 750 to add sexual orientation, citizenship status, and military status to the list of categories protected in employment with government contractors under the Illinois Human Rights Act (Act). 
New rule allows citation of unpublished federal opinions By Helen W. Gunnarsson February 2007 Lawpulse, Page 66 Federal appellate courts used to restrict or prohibit citation of unpublished opinions in arguments to the courts. That changed January 1.
New rules aim to reduce chance of erroneous license suspensions July 2007 Illinois Law Update, Page 348 The Department of Transportation has amended its rules to make the policies of the Secretary of State consistent with those of the Division of Insurance and to ensure that drivers' licenses are not erroneously suspended. 92 Ill Adm Code 1070.20.
New rules create grievance procedures required by Americans with Disabilities Act November 2007 Illinois Law Update, Page 576 The State Board of Elections (Board) has created Part 1800 of Title 4 and has titled it "Americans with Disabilities Act Grievance Procedure."
New rules enacted regarding engine braking signs January 2007 Illinois Law Update, Page 14 Effective October 23, 2006, the Illinois Department of Transportation (Department) has added new sections to 92 Ill Adm Code 547. 
New rules for collecting costs under the Environmental Protection Act January 2007 Illinois Law Update, Page 14 The Illinois Environmental Protection Agency (Agency) has added new sections to 35 Ill Adm Code 1662. These new sections were enacted because the Environmental Protection Act (Act), in section 25d-7(b), requires the setting of costs for those persons liable to the state.
New rules promulgated regarding Indian Child Welfare Services June 2007 Illinois Law Update, Page 292 The Illinois Department of Children and Family Services has repealed the previous version of 89 Ill Adm Code 307 and has added new sections that now comprise part 307 of title 89. 
New statute of limitations rules for Predator Accountability Act - PA 094-998 February 2007 Illinois Law Update, Page 72 The Illinois General Assembly has created a new statute of limitations for the Predator Accountability Act. 735 ILCS 5/13-225. 
A new, stricter test for independent contractor status? By Helen W. Gunnarsson May 2007 Lawpulse, Page 230 Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?
No breach of fiduciary duty in merger May 2007 Illinois Law Update, Page 236 On March 8, 2007, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the plaintiffs' breach of fiduciary claims against members of Bank One's board of directors.
No conflict of interest in representing codefendant November 2007 Illinois Law Update, Page 576 On September 12, 2007, the Illinois Appellate Court, Third District, affirmed the theft conviction of Janet Turner in the Circuit Court of Knox County. 
No consumer fraud where plaintiff did not rely on allegedly misleading material April 2007 Illinois Law Update, Page 176 On February 2, 2007, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the plaintiff's consumer fraud, breach of warranty, and medical monitoring claims against defendant Bayer Corporation (Bayer), after its recall of the drug Baycol.
No duty to third parties for injuries resulting from theft of vehicle on private property April 2007 Illinois Law Update, Page 176 On February 8, 2007, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting summary judgment to defendants Budget Rent-A-Car Systems, Inc. (Budget) and Ranger Security (Ranger). 
No duty to warn, Illinois high court holds By Helen W. Gunnarsson November 2007 Lawpulse, Page 570 The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
No governmental immunity for hazardous recreational activity By Helen W. Gunnarsson April 2007 Lawpulse, Page 170 The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.
No per se liability exception to the risk-utility test when dangers are open and obvious April 2007 Illinois Law Update, Page 176 On February 16, 2007, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the Circuit Court of Cook County's order of summary judgment for defendant Scripto-Tokai Corporation (Scripto).