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Illinois Bar Journal
Articles From 2008

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New procedures for selection of design-build firms for Capital Development Board Projects January 2008 Illinois Law Update, Page 16 The Capital Development Board (CDB) has added a new part with sixteen new sections to Title 44, Government Contracts, Procurement and Property Management. 44 Ill Adm Code 1030.
The New RESPA Regulation By James K. Weston October 2008 Column, Page 532 The Federal Reserve finally issues a new RESPA rule.
New restrictions on the availability of confidential information to caregivers July 2008 Illinois Law Update, Page 340 The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 
New rules allowing animals in hospitals for therapy programs November 2008 Illinois Law Update, Page 554 The Department of Public Health made two amendments and added a new section to Part 250, which governs hospital licensing requirements. 77 Ill Adm Code 250.
New rules for licensed facilities that ship and possess radioactive material July 2008 Illinois Law Update, Page 340 The Illinois Emergency Management Agency made several amendments and added two new sections to 32 Ill Adm Code 330, governing the tracking of radioactive material. 
New rules governing reporting requirements of private biodiesel producers July 2008 Illinois Law Update, Page 340 The Department of Revenue amended 86 Ill Adm Code 500, in an effort to impose reporting and payment requirements on those who produce biodiesel fuel or biodiesel fuel blends for self-use. 86 Ill. Adm. Code 500. 
New Rules governing Tax Shelters, Listed Transactions, and Credits for Business Assets April 2008 Illinois Law Update, Page 180 The Department of Revenue made several amendments and added two new sections governing tax shelters to the Income Tax part of Title 86 of the Illinois Administrative Code. 86 Ill Adm Code 100. 
New rules governing the Illinois Graduated Driver’s License Program March 2008 Illinois Law Update, Page 124 The Secretary of State made a number of changes and added two new sections to Part 1040, Cancellation, Revocation or Suspension of Licenses or Permits. 92 Ill Adm Code 1040. 
New rules governing the monthly income ceiling for childcare eligibility November 2008 Illinois Law Update, Page 554 The Department of Human Services (DHS) amended 89 Ill Adm Code 500, which deals with the general program provisions for childcare.
New rules prescribe public comment at Illinois Commerce Commission meetings March 2008 Illinois Law Update, Page 124 The Illinois Commerce Commission has created a new part, "Public Information, Rulemaking and Organization." 2 Ill Adm Code 1700. 
No discovery deps allowed By Helen W. Gunnarsson August 2008 Lawpulse, Page 384 A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.
No discretionary immunity for retaliatory discharge of employee June 2008 Illinois Law Update, Page 284 On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.
No error in allowing evidence of past convictions June 2008 Illinois Law Update, Page 284 On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.
No in personam jurisdiction over Indiana clinic March 2008 Illinois Law Update, Page 124 On December 28, 2007, the Illinois Appellate Court, First District, reversed the holding of the Circuit Court of Cook County denying the defendant's motion to dismiss for lack of in personam jurisdiction.
No ineffective assistance where motion to dismiss would have failed June 2008 Illinois Law Update, Page 284 On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.
No psych-record access for “garden variety” employee emotional distress claims By Helen W. Gunnarsson February 2008 Lawpulse, Page 66 A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.
No referendum required for annexation under section 7-1-8 of the municipal Code May 2008 Illinois Law Update, Page 236 On February 26, 2008, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Kendall County denying the plaintiff's complaint for a mandamus order.
No reimbursement to marital estate for contributions to mortgage on marital residence January 2008 Illinois Law Update, Page 16 On October 29, 2007, the Illinois Appellate Court, Second District, affirmed an award of child support, vacated those portions of a judgment ordering reimbursement to the marital estate, and remanded the judgment for further proceedings in the Circuit Court of McHenry County.
No suppression of evidence obtained in violation of Illinois eavesdropping statute April 2008 Illinois Law Update, Page 180 On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 
No withdrawal allowed for a “blind plea” January 2008 Illinois Law Update, Page 16 On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.
No wrongful death action for abortion to protect mother’s health By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.
Nursing Home Care Act amended. PA 095-0031 January 2008 Illinois Law Update, Page 16 The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.
Only actual damages are recoverable under Breach of Promise Act November 2008 Illinois Law Update, Page 554 On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding that the defendant had committed legal malpractice.
The Open Meetings Act v. client confidentiality By Helen W. Gunnarsson October 2008 Lawpulse, Page 498 A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.    
Order-of-protection laws amended to prohibit access to health records. PA 095-0912 November 2008 Illinois Law Update, Page 554 The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.
Out-of-state psychologists allowed to practice in Illinois. PA 95-0451 June 2008 Illinois Law Update, Page 284 The Clinical Psychologist Licensing Act has been amended by adding Section 11.5. 225 ILCS 15/11.5. 
Oversight of towing companies increased November 2008 Illinois Law Update, Page 554 The Illinois Commerce Commission added a new part to Title 92, Part 1715, relating to safety relocation towing. 92 Ill Adm Code 1715. 
The Perilous World of POA Agents By Helen W. Gunnarsson August 2008 Article, Page 398 They're responsible for tedious recordkeeping, and they risk raising the family's ire - even being sued. Who wants this thankless job?
The perils for employers of hiring private investigators By Helen W. Gunnarsson February 2008 Lawpulse, Page 66 Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.
Perinatal HIV Prevention Act amended. PA 095-0702 August 2008 Illinois Law Update, Page 390 The Illinois General Assembly amended sections 10 and 15 of the Perinatal HIV Prevention Act. 410 ILCS 335/10 & 15.