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Illinois Bar Journal
Articles From 2008

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Counties Code amended. PA 095-0805 December 2008 Illinois Law Update, Page 612 The Counties Code has been amended by adding section 42000 dealing with county ownership of a wind farm. 55 ILCS 5/42000. This new section provides that a county may "own and operate a wind generation turbine farm [wind farm]." 
Court affirms sua sponte dismissal of will August 2008 Illinois Law Update, Page 390 On May 19, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Champaign County which sua sponte dismissed an Illinois action, and vacated its earlier order admitting the will of Charles Ray Hoch to probate because of a similar case pending in Louisiana.
Court affirms that ex-wife entitled to her percentage share of disability benefits August 2008 Illinois Law Update, Page 390 On May 28, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County denying petitioner's request for attorney fees and granting petitioner's rule to show cause and to enforce judgment.
Court determines that limitations period tolled during parties’ marriage July 2008 Illinois Law Update, Page 340 On April 21, 2008, the Illinois Appellate Court, Second District, answered two certified questions relating to a premarital agreement in the negative and remanded the cause to the Circuit Court of Lake County for additional proceedings.
Court upholds $1 million penalty arising out of $12,000 support debt By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
Court upholds, modifies risk-utility test for products liability By Helen W. Gunnarsson December 2008 Lawpulse, Page 606 In a recent case, the Illinois Supreme Court upheld - but reformulated - the risk-utility test, while declining to abandon the consumer-expectation test.
Court upholds penalty against employer for not withholding income for child support July 2008 Illinois Law Update, Page 340 On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
Court upholds per se conflict doctrine By Helen W. Gunnarsson December 2008 Lawpulse, Page 606  A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.
Cover Me: Documentation Is More Than CYA By Karen Erger June 2008 Column, Page 316 Thoughtful domumentation promotes good communication and good decisions.
The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay By Hon. Daniel B. Shanes November 2008 Article, Page 574 The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.
Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 
Criminal Code of 1961 amended. PA 095-0849 October 2008 Illinois Law Update, Page 504 Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 
Custody conundrum By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?
Denial of forum non conveniens constitutes error March 2008 Illinois Law Update, Page 124 On December 26, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County denying the defendant's motion to dismiss based upon interstate forum non conveniens.
Departing Executives and the Wage Payment Act By Richard L. Miller and John Haarlow, Jr. March 2008 Article, Page 138 The Illinois Wage Payment and Collection Act can be a powerful tool for departing executives who haven t been properly compensated.
Depositions of Gravely Ill Illinois Claimants By Professor Jeffrey A. Parness September 2008 Column, Page 476  A majority in Berry found that while the trial court ruled correctly the system failed.
Diogenes and the Testimonial Whopper By Hon. Ron Spears February 2008 Column, Page 104 What can we do to improve the accuracy and honesty of witness testimony? Not enough.
District of Columbia v Heller: The Death Knell For Illinois Handgun Bans? By Christopher Keleher August 2008 Article, Page 402 The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.
Do We Still Need Grounds for Divorce? By H. Joseph Gitlin October 2008 Column, Page 534 They don't mean much in the age of no-fault divorce.
Dog Bites Man: Liability for Dog Attacks Under the Animal Control Act By April Pruitt-Summers August 2008 Article, Page 408 The Illinois Animal Control Act eliminates the "one bite" rule and makes other changes to the common law of dog attacks.
Don’t Be Afraid To Be Paid By Helen W. Gunnarsson November 2008 Article, Page 558 Learn how to create a bill-paying culture among your clientele.
Don’t Use an LLC for asset protection By Lin Hanson June 2008 Column, Page 314 Learn how creditors can get at an llC member's personal assets.
Driving on Sunday not reasonable suspicion to make traffic stop May 2008 Illinois Law Update, Page 236 On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.
DUI changes effective June 1 By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.
DUI Law: The BAIID Era Begins By Helen W. Gunnarsson December 2008 Article, Page 616 Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.
Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169 February 2008 Illinois Law Update, Page 72 The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 
Duty to disclose triggered by written interrogatories only March 2008 Illinois Law Update, Page 124 On December 26, 2007, the Illinois Appellate Court, Fourth District, reversed the holding of the Circuit Court of Sangamon County and remanded for renewed discovery and trial proceedings. 
Easing restrictions on who may order medication and treatment June 2008 Illinois Law Update, Page 284 Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 
Elder Abuse and Neglect Act amended. PA 095-0402 March 2008 Illinois Law Update, Page 124 The Illinois General Assembly has amended the Elder Abuse and Neglect Act to add provisions concerning abuse monitoring. 320 ILCS 20/15. 
Emergency petition lacking affidavit not invalid because it was verified by petitioner February 2008 Illinois Law Update, Page 72 On December 5, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Cook County Circuit Court denying the respondent's Motion to Strike and Dismiss Petitioner's Emergency Motion to Restrict Visitation and for a finding of visitation abuse.