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Illinois Bar Journal
Articles From 2010

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Illinois Homeowner’s Emergency Assistance Program enacted. PA 096-0921 August 2010 Illinois Law Update, Page 400 The Illinois Housing Development Authority has been granted the power to provide financial assistance to qualifying Illinois homeowners.
Illinois implements changes to Nurse Practice Act December 2010 Illinois Law Update, Page 616 The Department of Financial and Professional Regulation recently amended section 1300 of the Nurse Practice Act, which lays out many of the regulations governing Advanced Practice Nurses (APNs), Registered Nurses (RNs), and Licensed Practical Nurses (LPNs). 68 Ill Adm Code 1300 et seq.
Illinois implements heightened safety standards for pools and spas May 2010 Illinois Law Update, Page 236 The Illinois Department of Public Health recently adopted heightened safety standards on pools and spas.
Illinois Interscholastic Association protected from defamation claims. PA 096-0723 June 2010 Illinois Law Update, Page 292 Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.
Illinois Lawyer Finder: ISBA’s Member-Client Connection By Mark D. Hassakis October 2010 Column, Page 500 Illinois Lawyer Finder can connect you with clients. Shouldn't you be there?
Illinois military code amended. PA 096-0822 March 2010 Illinois Law Update, Page 128 Under the Illinois Military Code, grants from the Illinois Military Family Relief Fund are now available for Illinois residents who are part of the Reserves of the United States Armed Forces or Illinois National Guard members and were injured while deployed in support of operations undertaken as a result of the September 11th terrorist attacks. 
Illinois modifies rules pertaining to the electronic prescription monitoring program March 2010 Illinois Law Update, Page 128 The Illinois Department of Human Services (the department) recently amended the state's currently existing electronic prescription monitoring program (the program).  
Illinois motorists face stiffer penalties for driving recklessly near bicyclists. PA 096-1007 September 2010 Illinois Law Update, Page 452 Illinois bicyclists have been provided greater protection through recent changes to the Illinois Vehicle Code. (625 ILCS 5/11-703).
Illinois Municipal Code and implied preemption October 2010 Illinois Law Update, Page 508 On July 27, 2010, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding that a local ordinance defining an abandoned gasoline station as a nuisance was not preempted by section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1). 
The Illinois Predator Accountability Act: A Sleeping Giant By Christopher P. Keleher November 2010 Article, Page 582 The Illinois Predator Accountability Act of 2006 allows victims of sexual exploitation to sue pimps, brothels, and customers. Learn about the law's potential and pitfalls.
Illinois Supreme Court upholds reduction of punitive damages award By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 But the standard by which punitive awards should be measured remains unclear.
Illinois Supreme Court: statutory med-mal caps are unconstitutional By Helen W. Gunnarsson March 2010 Lawpulse, Page 122 By overriding juries' findings and judicial oversight over them, the caps law violated the separation of powers, the court ruled.
The Impact of ABN AMRO v McGahan on Already-Issued Foreclosures By Kevin M. Hudspeth October 2010 Article, Page 520 Does a recent Illinois Supreme Court opinion render some alreadyissued foreclosure orders voidable? If so, what might that mean for the property and subsequent buyers?
The Implied Warranty of Habitability in Illinois: A Critical Review By Roger L. Price and M. Ryan Pinkston February 2010 Article, Page 92 A look at the implied warranty of habitability for Illinois homebuyers from the perspective of counsel for builders and sellers.
Inaugural Animal Law newsletter highlights ISBA’s newest section By Helen W. Gunnarsson March 2010 Lawpulse, Page 122 The range of articles reflects the diversity and broad reach of animal-law practice.
Increased minimum awards for surviving spouses of a deceased Illinois resident. PA 096-0968 September 2010 Illinois Law Update, Page 452 Illinois lawmakers have granted surviving spouses a larger minimum award from the estate of the deceased. (755 ILCS 5/15-1) 
Introducing the New and Improved Minor Guardianship Statute By Margaret C. Benson December 2010 Article, Page 628 An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases and otherwise honors the rights of parents while protecting children.
Involuntary commitment provision of Mental Health Code overturned By Helen W. Gunnarsson January 2010 Lawpulse, Page 10 The Illinois Appellate Court rules that a code provision allowing involuntary commitment for "dangerous conduct" is unconstitutionally vague.
Is a Not-Yet-Paid Contingent Fee Marital Property? By H. Joseph Gitlin October 2010 Column, Page 542 A divorcing lawyer has earned a big fee but hasn't been paid. Is the fee award marital property?
Is Selling Title Insurance a “Business Transaction”? By Joseph R. Fortunato and Steven B. Bashaw January 2010 Column, Page 50 A reference to the sale of title insurance in the new rules has some lawyers concerned.
Is your client a nonresident of Illinois for state income tax purposes? By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The Illinois Department of Revenue is looking closely at former Illinois residents who claim residency in other states while maintaining ties to Illinois.
Is Your Metadata Showing? Avoiding Document-Sharing Disasters By Helen W. Gunnarsson February 2010 Article, Page 76 Here's how to ensure that your documents' metadata, including comments and proposed changes, are viewed only as intended.
ISBA ethics opinions: updated and easier to research By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 A new searchable online index of ethics opinions, freshly updated in light of the new rules, makes them a better resource than ever for ISBA members.
ISBA Lawyers Do Care By Mark D. Hassakis July 2010 Column, Page 340 They care about strengthening communities, helping children, and more.
ISBA Mutual - A Success Story for Illinois Lawyers By John G. O’Brien January 2010 Column, Page 8 Here's what sets this lawyer-owned insurance company apart.
ISBA Opinion 10-02 Reins in Real Estate Brokers By Peter J. Birnbaum April 2010 Column, Page 212 This new ethics opinion is good news for real estate lawyers, the author contends.
It’s settled - mortgage foreclosure actions are quasi in rem proceedings August 2010 Illinois Law Update, Page 400 The Illinois Supreme Court in June upheld decisions of the Circuit Court of Cook County, finding that mortgage foreclosure actions are quasi in rem proceedings.
“It’s Toasted”: Lawyer websites and the rules of ethics By Karen Erger December 2010 Column, Page 645 So what can you say and do on your website? A new ABA ethics opinion provides guidance.
Join an ISBA Committee or Section By Mark D. Hassakis January 2010 Column, Page 9 Our ISBA Family Invites You to Join an ISBA Committee or Section
A judge’s guide to drafting orders By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A bankruptcy judge's 18 guidelines for drafting orders are a surprise hit on the blawgging circuit.