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Illinois Bar Journal
Articles From 2008

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Restrictive covenant unenforceable due to termination of employment agreement May 2008 Illinois Law Update, Page 236 On February 21, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County denying the plaintiff's request for a preliminary injunction.
Retalitory discharge: local governments not immune under Workers’ Comp Act By Helen W. Gunnarsson November 2008 Lawpulse, Page 548  Public employees can sue for being fired in retaliation for filing a workers' comp claim, the Illinois Supreme Court holds.
Retired, inactive, in-house lawyers can now represent clients pro bono By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 Effective July 1, new supreme court rules let retired, inactive, and in-house lawyers working through legal-aid providers or other approved groups represent clients pro bono.
Retooling the relation-back doctrine By Helen W. Gunnarsson April 2008 Lawpulse, Page 174 The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original. 
Rules implement new exceptions to “pollution control facility” definition March 2008 Illinois Law Update, Page 124 The Pollution Control Board has added more exceptions to the definition of "pollution control facility" in response to changes made to the Environmental Protection Act, 415 ILCS 5/1 et seq. 35 Ill Adm Code 101. 
Rules protect people whose insurance carriers fail to provide proof of coverage June 2008 Illinois Law Update, Page 284 The Department has modified their rules governing insurance in Part 2025, titled "Illinois Health Insurance Portability and Accountability Standards." 50 Ill Adm Code 2025.
Rules require disclosure of compliance with Islamic laws and customs in food preparation February 2008 Illinois Law Update, Page 72 A new Part was added to the Department of Agriculture's rules on Animals and Animal Products. 8 Ill Adm Code 190. 
Sale of Tobacco to Minors Act amended. PA 095-0905 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.
Save the Date(s) and for Whom By Jack C. Carey September 2008 Column, Page 436 Mark your calendar for these ISBA events commemorating Lincoln's 200th birthday.
Search of probationer’s computer deemed permissible October 2008 Illinois Law Update, Page 504 On August 12, 2008, the Illinois Appellate Court, Second District, affirmed in part, reversed in part, and remanded for further proceedings the judgment of the Circuit Court of Kane County granting the defendant's motion to quash arrest and suppress evidence found pursuant to a search of the defendant's home by probation officers.
Seller must refund earnest money deposit for failure to provide real estate disclosure statement April 2008 Illinois Law Update, Page 180 On January 30, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the Circuit Court of Christian County awarding the plaintiffs $10,000 plus costs for the defendant's failure to provide the plaintiffs with a real estate disclosure statement. 
Settlements: The Limits of Same-Case Enforcement By Professor Jeffrey A. Parness December 2008 Column, Page 642  Lessons from the A and A case.
Sex Offender Community Notification Law amended. PA 095-0817 October 2008 Illinois Law Update, Page 504 On August 14, 2008, the Sex Offender Community Notification Law was amended by adding Section 116 titled "Missing Sex Offender Database." 730 ILCS 152/116.
Sexual Assault Survivors Emergency Treatment Act amended. PA 095-0432 June 2008 Illinois Law Update, Page 284 The Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/1a, has been amended. The Act regulates healthcare delivery for sexual assault survivors, and the collection of evidence pursuant to the statewide sexual assault evidence collection program.
Sexual injury limitation period amended. PA 095-0589 May 2008 Illinois Law Update, Page 236 The Code of Civil Procedure has been amended by the addition of section 13-202.3. 735 ILCS 5/13-202.3. 
The slacker son who wouldn’t leave home By Helen W. Gunnarsson October 2008 Lawpulse, Page 498  Your clients want to send their noncontributing adult son packing, but he says, "Nuh uh." Getting him out the door isn't as simple as you might think.
So You Want to Be a Personal Injury Lawyer? By Helen W. Gunnarsson October 2008 Article, Page 508 How do you break into p.i. practice? Successful practitioners offer advice.
A solo’s advice on going solo By Helen W. Gunnarsson March 2008 Lawpulse, Page 118  A young sole practitioner's take on the perils and pleasures of hanging out your shingle.
Spying Spouses and Their High-Tech Tools By Alison G. Turoff July 2008 Article, Page 348 Divorcing spouses who try to gain the upper hand by catching the other party in the act may violate federal and state eavesdropping and privacy statutes.
State Finance Act amended to create Domestic Violence funds. PA 095-0711 September 2008 Illinois Law Update, Page 444 The State Finance Act has been amended with the addition of sections 30 ILCS 105/5.675 and 6z-69 to create the Married Families Domestic Violence Fund for domestic violence assistance and services.
Statutory change gives right to counsel to juveniles facing detention By Helen W. Gunnarsson October 2008 Lawpulse, Page 498  An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.
Stem Cell Research and Human Cloning Prohibition act Passed - PA 095-0519 May 2008 Illinois Law Update, Page 236 The Stem Cell Research and Human Cloning Prohibition Act has been enacted. 410 ILCS 110/1 et seq.
Stepping up the fight against elder abuse By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.
Substance Abuse Prevention on Public Works Projects Act passed. PA 095-0635 August 2008 Illinois Law Update, Page 390 Illinois lawmakers passed the Substance Abuse Prevention on Public Works Projects Act. 820 ILCS 130/5.5. 
Successor Liability in Illinois By George W. Kuney March 2008 Article, Page 148 Find out when creditors and tort victims can sue the buyer of a business for the debts and torts of the seller.
Supreme court upholds parent’s refusal to allow grandparent visitation By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 A grandmother failed to show that denying her visitation was harmful to her grandchild’s physical, mental, or emotional health.
Supremes limit trusts ability to subtract investment-advice costs By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 The U.S. Supreme Court holds that trusts are subject to a two-percent floor for subtracting investment advisory fees from their taxable income.
Supremes: the Best approach to tort reform survives By Helen W. Gunnarsson August 2008 Lawpulse, Page 384  The supreme court holds that a med-mal plaintiff is entitled to a 90-day extension to file her certificate of merit - and that a 2004 law didn't reenact the version of 2-622 invalidated in Best v Taylor.
Take Care of Yourself By Jack C. Carey July 2008 Column, Page 332 An annual checkup can save your life.
Talking About You By Karen Erger December 2008 Column, Page 644 Make sure your ads and other communications to the public don't violate ethics rules.