Publications

Articles From 1998

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New Appeal Rights in Administrative Hearings in Paternity and Child Support Cases

December
1998
Illinois Law Update
Page 662
On September 10, 1998, the Department of Public Aid adopted emergency amendments to various parts of section 104 of its administrative rules pursuant to Public Act 90-104. 89 Ill Adm Code 104.

New Procedures for Motor Vehicle Inspections

December
1998
Illinois Law Update
Page 662
On September 28, 1998 the Illinois Environmental Protection Agency adopted 24 amendments and added 16 new subsections to section 276. 35 Ill Adm Code 276.

Offense of Harassment Through Electronic Communication—PA 90-578

November
1998
Illinois Law Update
Page 596
Public Act 90-578 adds the offense of harassment through electronic communication to the Obscene Phone Call Act.

Perspectives on Lawyer Malpractice

By Stephen C. Buser
November
1998
Column
Page 586
This month's IBJ features a pair of articles that deal in some way with lawyer civil liability.

A physician’s lien may be valid despite technical deficiencies, and in a claim for conversion a jury may award punitive damages

December
1998
Illinois Law Update
Page 662
On October 1, 1998, the Illinois Supreme Court affirmed the appellate court's holding that the physician's lien was valid despite technical deficiencies.

Prior Order of Protection Violators Subject to Increased Domestic Battery Penalties; P.A. 90-734

December
1998
Illinois Law Update
Page 662
According to Public Act 90-734, domestic battery committed by a defendant with a prior conviction for violating an order of protection is a Class 4 felony.

Public Listing of Delinquent Taxpayers; PA 90-753

November
1998
Illinois Law Update
Page 596
Subject to several conditions, the Director of Revenue may annually disclose a list of delinquent taxpayers' names, addresses, amounts owed, and other information.

Punitive Damages Under the Illinois Sales Representative Act

By Leonard A. Nelson
November
1998
Article
Page 622
Courts have misconstrued the ISRA to plaintiffs' detriment, this author argues.

A railway company does not owe a trespasser a duty of ordinary care, only a duty to refrain from engaging in willful and wanton conduct.

December
1998
Illinois Law Update
Page 662
On October 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that plaintiff, Charles Reid, was not a permissive user of the railway tracks owned by the defendant, Norfolk & Western Railway Company (N & W).

Reducing Real Estate Tax Assessments for Contaminated Property

By H. Alfred Ryan
December
1998
Article
Page 680
Here's how to lower the property-tax bill for clients who own contaminated real estate.

Rejection Letters: “Just Say No” Is Not Enough

By Laura Walsh
November
1998
Column
Page 644
Saying "no'' to job applicants is never pleasant, but here's how to make rejection letters less painful for sender and recipient

Researching Illinois Court Rules

By Jean McKnight
November
1998
Column
Page 641
It's not hard to find the latest state and Illinois-based federal court rules . . . if you know where to look.

Residence Requirement for Temporary Assistance for Needy Families

November
1998
Illinois Law Update
Page 596
On September 1, 1998 the Department of Human Services repealed portions of sections 112, 113, and 114. 89 Ill Adm Code 112-114.

Saying What You Mean: A Mini-Usage Guide

By Maureen B. Collins
December
1998
Column
Page 699
The difference between the right word and the wrong word is the difference between ... regardless and irregardless.

The Scope and Substance of Medical Expert Cross-Examination

By John M. Stalmack and Kelly A. Giampa
November
1998
Article
Page 612
A comprehensive review of permissible cross-examination of medical experts under Illinois law.

Season’s Greetings

By Timothy L. Bertschy
December
1998
Column
Page 656

Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages

By John J. Meehan
December
1998
Article
Page 674
Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.

Six-month distance between EEOC claim and agency rehiring too great to show the requisite causal link in ADEA retaliation claim

November
1998
Illinois Law Update
Page 596
On September 17, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's judgment that the plaintiffs had failed to show that the defendant agency had violated the Age Discrimination in Employment Act (ADEA) by retali retaliating against them after a claim was brought with the EEOC for wrongful discharge.

Six-month statute of limitations period does not apply to unfair labor practice claims under the National Labor Relations Act (NLRA)

November
1998
Illinois Law Update
Page 596
On September 18, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's ruling that a six-month statute of limitations did not apply to the plaintiff's unfair labor practices suit against the defendant labor organization.

Suing on Behalf of the State: A Parens Patriae Primer

By Jim Ryan and Don R. Sampen
December
1998
Article
Page 684
The state can and does bring civil suits on behalf of its citizens. Here's the background on the parens patriae doctrine.

Twelve Steps to Prepare Your Practice for the New Millenium

By Anne E. Thar
December
1998
Column
Page 695
This 12-step plan will help you enter the 21st Century with a fresh approach to your practice and a lower risk of malpractice.

Union employee lacks standing to challenge an arbitration award absent allegations that the union breached its duty of fair representation

December
1998
Illinois Law Update
Page 662
On September 24, 1998, the Illinois Supreme Court affirmed the appellate court's holding that a union employee covered by a collective-bargaining agreement does not have standing to challenge an arbitration award in circuit court unless the employee has alleged that the union breached its duty of fair representation.

Win Employee Loyalty and Keep the Raiders Away

By Paul Sullivan
November
1998
Column
Page 639
Small firms face special challenges in keeping and recruiting good staff. But they have some special advantage, too.

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