Publications

Articles From 1999

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QILDRO, eavesdropping, damages, and more

By Stephen C. Buser
July
1999
Column
Page 346
If matrimonial law is part of your practice, you won't want to miss Ronda Glenn's and Michelle Mosby-Scott's timely article on Illinois' QILDRO law, which took effect just days before this issue of the Journal arrived in your mailbox. 

Reading Between the Lines of Doyle: When Is New Consideration Required?

By Tamara L. Vergara
November
1999
Article
Page 584
If a document does not alter the presumption of at-will employment, it may be beyond the reach of Doyle, this author argues.

Reckless Homicide Sentencing Modified in Cases Involving Multiple Deaths and Alcohol or Drugs; PA 91-122

September
1999
Illinois Law Update
Page 460
Public Act 90-122 mandates a six- to 28-year prison term for a defendant found guilty of reckless homicide involving two or more deaths in a single course of conduct when the defendant is under the influence of alcohol or drugs.

Recreational Property and Injuries: “Playing” with Governmental Tort Immunity

By W. Bradley Colwell
December
1999
Article
Page 654
The trend, according to this author, is to expand the range of property deemed recreational and thus to expand immunity.

Rediscovering the Truth: Requests for Admissions Are Not Discovery

By Edward S. Margolis
April
1999
Article
Page 214
A pair of recent Illinois Supreme Court decisions have given practitioners a powerful tool for narrowing issues of fact.

Reducing lead-based paint in Illinois

October
1999
Illinois Law Update
Page 521
On July 12, 1999, the Illinois Department of Commerce and Community Affairs adopted amendments and a new sub-section to section 110 of the Illinois Administrative Code. 47 Ill Adm Code 110.

Refusal of children to visit non-custodial parent does not relieve that parent of his obligation to provide financial support to the children.

February
1999
Illinois Law Update
Page 73
On December 2, 1998, the fourth district of the Illinois Appellate Court affirmed the trial court's decision denying James Heldebrandt's motion to reduce or terminate his child support obligations to his five children.

Registration Requirements of the Sex Offender Registration Act Upheld

September
1999
Illinois Law Update
Page 460
On July 22, 1999, the Second District of the Illinois Appellate Court affirmed a lower court holding that the Sex Offender Registration Act, 730 ILCS 150/1 et seq.

Regulation of Riverboat Casino Gambling

September
1999
Illinois Law Update
Page 460
On July 2, 1999, the Illinois Gaming Board adopted emergency amendments to section 3000 of the Illinois Administrative Code. 86 Ill Adm Code 3000.

Remarks by a supervisor made prior to a reduction in employee duties are not probative of discriminatory intent in the termination of that employee five months later.

February
1999
Illinois Law Update
Page 73
On December 3, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's grant of summary judgment to Ameritech, the defendant.

Representing Grandparents Who Raise Grandchildren: An Overview of Illinois Law

By Susan Dawson-Tibbits
September
1999
Article
Page 468
This article highlights various Illinois statutes that give grandparents legal authority to make decisions affecting their grandchildren.

Representing Workers Under the Fair Labor Standards Act and Illinois Minimum Wage Law

By Peter S. Rukin
April
1999
Article
Page 208
A primer on these important worker protection laws.

Requiring a fee for the return of property found within a repossessed vehicle does not violate the Fair Debt Collection Practices Act.

May
1999
Illinois Law Update
Page 244
On March 12, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Northern District of Illinois.

Resolving Contract Ambiguity: Parol Evidence Versus the Rules of Contract Construction

By Andrew R. Schwartz and Matthew R. Henderson
April
1999
Article
Page 204
The authors argue that courts should entertain parol evidence only as a last resort.

Retaliatory demotion and constructive retaliatory discharge causes of action not recognized under Illinois law

August
1999
Illinois Law Update
Page 406
On June 17, 1999, the first district of the Illinois Appellate Court upheld the trial court's dismissal of plaintiffs' complaint for failure to state a claim on which relief could be granted.

“Same Part of the Body Rule” Revised: Admissibility of Prior Injuries in PI Cases

By Hon. Barbara A. McDonald
August
1999
Article
Page 414
A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.

Saying What You Mean: the Sequel

By Maureen B. Collins
March
1999
Column
Page 171
Attorneys are not above the laws of good marketing; ignore them at your peril.

School officials must report armed persons on school grounds; PA 91-11

August
1999
Illinois Law Update
Page 406
According to PA 91-11, a school official must notify the school principal if he/she observes a "person in possession of a firearm on school grounds.''

School shooters excluded from juvenile court jurisdiction ; P.A. 91-15

August
1999
Illinois Law Update
Page 406
The Juvenile Court Act, 705 ILCS 405/1 et seq, attempts to best serve the safety and ``welfare of [an accused minor] and the best interests of the community'' by shielding the minor from the full force and application of the Illinois Criminal Code.

A Science Lesson for Lawyers

By Stephen C. Buser
January
1999
Column
Page 6
Though we've examined the law of DNA evidence in the Journal, we haven't reviewed the science of DNA testing; until this issue, beginning on page 18.

Secondary Education and Temporary Assistance for Needy Families

July
1999
Illinois Law Update
Page 351
On May 1, 1999, the Illinois Department of Human Services adopted an emergency amendment to section 112.78 of the Illinois Administrative Code. 89 Ill Adm Code 112.

Sexually Violent Persons Commitment Act

January
1999
Illinois Law Update
Page 13
On October 23, 1998, the Department of Human Services added section 299 to its administrative rules. 59 Ill Adm Code 299. 

The Standard for Changing Child Custody Within Two Years of a Final Order

By H. Joseph Gitlin
September
1999
Column
Page 492
The author reviews IMDMA section 610 and the applicable cases and argues that custody transfers within two years of a final custody order should be granted only under emergency circumstances.

Statewide grand jury permitted for certain computer facilitated sex offenses ; P.A. 91-225

November
1999
Illinois Law Update
Page 575
Public Act 91-225 permits the creation of a ``multicounty Statewide Grand Jury'' to ``investigate, indict, and prosecute'' certain sex offenses when they are facilitated by the use of a computer.

Statute of limitations for certain sexual offenses extended; P.A. 91-475

October
1999
Illinois Law Update
Page 521
Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.

Stopped school bus law extended to school property; P.A. 91-260

December
1999
Illinois Law Update
Page 636
Public Act 91-260 extends, to school property, the law on ''[a]pproaching, overtaking, and passing'' a stopped school bus.

Suing Your Pet Iguana: Equitable Apportionment, Indivisible Injury, and Comparative Fault

By Gordon R. Broom and Robert J. Evola
January
1999
Article
Page 28
The authors lament the confusion caused by courts' applying two conflicting theories of comparative fault: equitable apportionment and indivisible injury.

Supreme court review — online, with link to the full-text opinions

By Stephen C. Buser
May
1999
Column
Page 235
Once again we've called upon members of the Appellate Lawyers Association to look back on the preceding supreme court year, and once again they've delivered a thoughtful and thorough review.

Surviving parents of decedent may not maintain a wrongful death action where the decedent is survived by a spouse and no children.

October
1999
Illinois Law Update
Page 521
On August 3, 1999, the Illinois Appellate Court affirmed the lower court finding that the plaintiff lacked standing to sue for wrongful death.

There’s No Place Like Home

By Anne E. Thar
October
1999
Column
Page 553
Repeat those words before following the Yellow Brick Road to malpractice and UPL risks in an unfamiliar jurisdiction.

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