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Illinois Bar Journal
Articles From 2012

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Changes to special waste hauling permits October 2012 Illinois Law Update, Page 520 The Illinois Pollution Control Board ("the Board") recently adopted amendments to the regulations governing special waste hauling. 35 Ill. Adm. Code 809.
Changes to the administrative requirements for underground storage tanks May 2012 Illinois Law Update, Page 240 The Office of the State Fire Marshall (OSFM) recently added a new subpart to the regulations governing underground storage tanks. 41 Ill. Admin. Code 176.600. The statutory authority for these changes is the Gasoline Storage Act (430 ILCS 15).
Changes to the Emergency Medical Services and Trauma Center Code April 2012 Illinois Law Update, Page 184 The Illinois Department of Public Health ("Department") recently amended the provisions of the Emergency Medical Services and Trauma Center Code by adding a new section concerning critical care transport services. 77 Ill Adm Code 515.
Changes to the Medical Programs Code June 2012 Illinois Law Update, Page 292 The Illinois Department of Healthcare and Family Services (“Department”) recently added a new part to codify the procedures for the Department’s Electronic Health Record Provider Incentive Payment program.
Chapter 13 Bankruptcy: Tips for Representing Creditors By Faiq M. Mihlar and Heather M. Giannino March 2012 Article, Page 150 The authors advise counsel for creditors about preparing a proof of claim and filing a motion for relief from the automatic stay in Illinois-based bankruptcy courts.
Charitable solicitors allowed on public roadways. PA 097-0692 August 2012 Illinois Law Update, Page 404 The Illinois General Assembly has amended the Counties Code to restrict the regulation of charitable solicitations (55 ILCS 5/5-1182 new).
A Checklist for Building or Defending Against A Maintenance Case By Thomas J. Kasper May 2012 Article, Page 256 The IMDMA's 12 factors for calculating maintenance amount to a checklist for both sides in a divorce where maintenance is an issue. This article discusses each factor.
Child Sexual Abuse by Clergy: Statute of Limitations and Repose Challenges By Christopher T. Hurley and Mark R. McKenna November 2012 Article, Page 608 A recent appellate court decision holds that a Catholic diocese's fraudulent concealment of abuse tolls the statutes of limitation and repose, allowing a middle-aged victim to recover.
Choice-of-law clause does not control applicability of Consumer Fraud Act September 2012 Illinois Law Update, Page 464 On June 20, 2012, the second district appellate court held that contractual choice-of-law and forum-selection clauses that provide for the application of Illinois law do not automatically permit a party to bring claims under the Illinois Consumer Fraud and Deceptive Business Practices Act ("Consumer Fraud Act"). International Profit Associates, Inc. v. Linus Alarm Corp., ___ N.E.2d ___, 2012 IL App (2d) 110958.
Clerk to furnish lists of moving violations involving taxi drivers. PA 097-1062 December 2012 Illinois Law Update, Page 632 A new section of the Taxi Safety Act of 2007 now requires that, when vehicle citation records are not readily available for a particular taxi or registered taxi driver, the appropriate circuit-court clerk must provide a list of moving violations, if any, to a governmental unit upon request. 625 ILCS 55/15 new.
Co-parties lack standing to appeal substitution-of-judge rulings By Adam W. Lasker March 2012 Lawpulse, Page 126 The Illinois Supreme Court holds in Powell v Dean Foods that a defendant does not have standing on appeal to challenge the ruling on a co-defendant's motion for substitution of judge.
Cohabitation Agreements after the Civil Union Act By Natalie T. Lorenz June 2012 Article, Page 308 The Civil Union Act represents a movement away from the public policy of encouraging only traditional heterosexual married couple relationships, prompting the question: Should Illinois recognize unmarried couples’ cohabitation agreements?
College students may be excused for religious-based absences. PA 097-1038 November 2012 Illinois Law Update, Page 580 The University Religious Observances Act has been amended to provide new allowances for religious students. 110 ILCS 110/1.5.
Commercial drivers may not text or use cell phones while driving. PA 097-0829 October 2012 Illinois Law Update, Page 520 Illinois lawmakers have amended the Illinois Vehicle Code to prohibit texting and limit the use of cell phones by commercial drivers (625 ILCS 5/6-500, 5/6-526 new, 527 new).
Compassionate Consultations: Winning Over Prospective Clients By Larry E. Lauterjung July 2012 Article, Page 364 You usually have an hour to sell yourself to prospective clients during the initial consultation. The key is to communicate your genuine understanding and concern.
The continuing saga of J.S.A., M.H., and W.C.H. By Helen W. Gunnarsson February 2012 Lawpulse, Page 70 A long and bitter dispute between two lawyers over the child their relationship produced generates yet another reported opinion.
Contractor Enhancement Claims in Mechanics Lien Cases: A Smaller Sliver of Pie? By Larry N. Woodard January 2012 Article, Page 46 The Mechanics Lien Act gives contractors priority over mortgagees to the extent their work "enhanced" the property's value, giving them another chance to recover when mortgaged real estate sells. This article looks at the legal and practical difficulties in proving enhancement.
Corporate authorities of townships may provide for disposal of brush and leaves. PA 097-0417 January 2012 Illinois Law Update, Page 16 The Township Code has been amended to authorize corporate authorities of a township to provide funds, by ordinance, for the collection, transportation, and disposal of brush and leaves within the unincorporated parts of the township. 60 ILCS 1/210-7 new.
Correspondence from Our Readers December 2012 Column, Page 622 Lawyerly discontent, mechanics lien bill.
Correspondence from Our Readers November 2012 Column, Page 570 All in the family; don't eliminate grounds for divorce, heart balm torts.
Correspondence from Our Readers September 2012 Column, Page 454 Reforming legal education; telephone scammers claiming to be lawyers; lawyer websites.
Correspondence from Our Readers August 2012 Column, Page 394 The Illinois deposit of wills; compassionate client consultations.
Correspondence from Our Readers June 2012 Column, Page 282 DUI videos, home inspections.
Court Approval of Minors' Settlements By Hon. Ron Spears November 2012 Column, Page 613 Should judicial approval be required for even small damage awards for minors?
Court clarifies affidavit requirements for service of process by publication July 2012 Illinois Law Update, Page 352 On May 9, 2012, the first district appellate court held that affidavits phrased in the passive voice that failed to identify the individuals who attempted to serve process did not satisfy the requirements for service of process by publication.
Court highlights tension between improper venue and forum non conveniens June 2012 Illinois Law Update, Page 292 On March 30, 2012, the Illinois Appellate court, while upholding the trial court’s decision to dismiss the case, underscored the idea that a case cannot be dismissed both for improper venue and for forum non conveniens.
Court upholds parenting order restricting children's exposure to non-custodial parent's religion February 2012 Illinois Law Update, Page 76 An order prohibiting a non-custodial parent from exposing his children to Jehovah's Witness beliefs until the child is 13 is valid because those beliefs were being used to alienate the custodial parent, according to the Illinois First District Appellate Court.
Creation of the Illinois Tollway Office of the Inspector General January 2012 Illinois Law Update, Page 16 The Toll Highway Act ("Act") [605 ILCS 10] was recently amended to create the independent Illinois Tollway Office of the Inspector General ("OIG"). 2 Ill Adm Code 3430
Credit Agreements Act does not bar debtor challenge to affirmative defense October 2012 Illinois Law Update, Page 520 On July 18, 2012, the third district appellate court held that the Illinois Credit Agreements Act ("Credit Agreements Act") did not bar a debtor from contesting the accuracy of a commercial security agreement when the document was introduced by a creditor as an affirmative defense.
Credit Card Collection Suits: Life Preservers for Illinois Consumers By Edward J. Halper and Rachel L. Schaller July 2012 Article, Page 360 Recent case law, consumer protection statutes, and the hearsay rule give Illinois consumers an array of legal and procedural defenses in credit card collection suits.