Publications

Articles From 2001

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New medical assistance provisions

August
2001
Illinois Law Update
Page 398
On May 11, 2001, the Illinois Department of Public Aid (department) adopted amendments to section 140 of the Illinois Administrative Code. 89 Ill Adm Code 140.

New proposal to protect children who testify; S.B. 0027

March
2001
Illinois Law Update
Page 116
Under current Illinois law, courts may permit children under 18 who are witnesses in certain criminal prosecutions like sexual assault, predatory sexual assault of a child, and sexual abuse to testify via closed-circuit television outside the courtroom if the judge determines that in-court testimony would result in the child suffering serious emotional distress.

New report allegation

December
2001
Illinois Law Update
Page 624
On October 1, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 300 of the Illinois Administrative Code. 89 Ill Adm Code 300.

New state tax deduction for contributions to college savings plan P.A. 92-439

October
2001
Illinois Law Update
Page 516
Legislation signed by Gov. Ryan in August authorizes a deduction equal to a taxpayer's contribution to a Bright Start College Savings Program account.

No independent cause of action exists in tort for breach of duty of good faith and fair dealing or for tortious interference with business advantage

July
2001
Illinois Law Update
Page 342
On May 24, 2001, the Illinois Supreme Court reversed the appellate court and held that no independent cause of action exists in tort for an alleged breach of an implied duty of good faith and fair dealing arising from a contract.

No more dumpster babies?

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
A new law is designed to encourage desperate mothers to leave their newborns in safe places, not dumpsters and doorsteps.

Noncompete clauses may be prohibited in most broadcasting employee contracts; S.B. 720

June
2001
Illinois Law Update
Page 286
Certain broadcasting employees may soon enjoy greater freedom under a recent bill passed by both the Illinois House and Senate.

Notice of appeal cannot be filed before trial court has ruled on all SCR 137 motions for sanctions

December
2001
Illinois Law Update
Page 624
On September 20, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court in dismissing an appeal under SCR 304(a), ruling that a notice of appeal cannot be filed before the trial court has ruled on all existing SCR 137 motions for sanctions.

Of mangers and menorahs

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
When do religious holiday displays on public property pass constitutional muster?

Off-site locations approved

November
2001
Illinois Law Update
Page 568
On August 14, 2001, the Illinois Department of Human Services (department) adopted amendments to section 2060 of the Illinois Administrative Code. 77 Ill Adm Code 2060.

Officer’s immunity defense depends on the reasonableness of his conduct

February
2001
Illinois Law Update
Page 60
On December 8, 2000, the seventh circuit court of appeals reversed the district court's decision to set aside the jury's verdict in favor of Victor and Tre McNair, two brothers who had instituted a claim of excessive force against Officer Sean Coffey in violation of the Fourth Amendment.

Orders related to the temporary custody of a minor require only a “best interests” determination, distinct from the standard required at a temporary custody hearing

June
2001
Illinois Law Update
Page 286
On April 19, 2001, the Illinois Supreme Court reversed the appellate court's holding that the juvenile court lacked authority to remove a minor from his temporary foster home since there was no immediate necessity for the removal.

Parents to be notified if minor receives traffic ticket ; S.B. 627

August
2001
Illinois Law Update
Page 398
Senate Bill 627 would create a traffic ticket parent notification pilot program in DuPage, Kendall and Sangamon Counties beginning on January 1, 2002, and ending on December 31, 2003.

Park Before You Reverse: A Short Tour of the Reverse-Exchange Process

By Scott Nathanson
August
2001
Article
Page 427
Reverse exchanges allow real estate buyers to enjoy tax advantages even if they buy their new property before they sell.

Participation in race indicates assent to be bound by terms of release

June
2001
Illinois Law Update
Page 286
On March 30, 2001, the seventh circuit affirmed the lower court's finding that a go-kart racer could be held to the terms of a release form which defendants could not produce.

Persistence Pays in the Fight Against UPL

By Herb Franks
April
2001
Column
Page 164
In the struggle between the stone and the water, in time, the water wins. -Chinese proverb      

Pet hoarders would be treated as mentally ill under proposed legislation; H.B. 0599

May
2001
Illinois Law Update
Page 230
The Illinois House Agriculture Committee unanimously approved a bill intended to reduce incidents of "animal hoarding" in the state.

A Place for Policy

By Maureen B. Collins
October
2001
Column
Page 543
If you can persuade the judge that ruling in your client's favor means doing good, you'll probably do well.

Placement clearance

November
2001
Illinois Law Update
Page 568
On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.

Plain view doctrine does not justify seizure of property unnamed in warrant issued for back taxes

May
2001
Illinois Law Update
Page 230
On March 15, 2001, the seventh circuit held that plaintiff's Fourth Amendment rights were violated when officials of the Illinois Department of Revenue seized property belonging to the plaintiff but not named in a search warrant, and held that the plain view doctrine did not protect defendants' actions.

Plaintiff employee who was not handicapped under the guidelines of the Human Rights Act was not discriminated against when his employer terminated him

November
2001
Illinois Law Update
Page 568
On July 31, 2001, the Appellate Court of Illinois, First District, affirmed the order of the Human Rights Commission concluding that the commission's finding that the plaintiff's employer, R.B. Hayward and Company, did not discriminate against him based on a handicap or a perceived handicap "was not against the manifest weight of the evidence."

Plaintiff’s driving privileges reinstated after demonstrating that he was no longer an alcohol abuser and would be a “safe and responsible driver”

November
2001
Illinois Law Update
Page 568
The office of defendant Jesse White, secretary of state, revoked plaintiff Ronald Mohr's driving privileges for each of two driving under the influence convictions in 1982 and 1989.

Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception

By David Stevens
June
2001
Article
Page 296
The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.

POA Act Amendments: The Revised Statutory Short Form

By James F. Dunneback
July
2001
Article
Page 367
Highlights of recent changes to the POA Act.

Point/Counterpoint: Crafting a Counter-Argument

By Maureen B. Collins
May
2001
Column
Page 267
Learn to counter your opponent's arguments without giving them too much weight.

Police officer not eligible for annuity and pension benefits due to his felony narcotics convictions as they were sufficiently “related to or connected with his service as an officer”

November
2001
Illinois Law Update
Page 568
On August 29, 2001, the Illinois Appellate Court, First District, reversed the trial court's decision reinstating the plaintiff's annuity and pension benefits after the Retirement Board of the Policemen's Annuity and Benefit Fund denied his application for reinstatement of those benefits.

Post-Dissolution Rights of Corporations: What Survives the Survival Statute?

By Jacquelyne M. Belcastro
March
2001
Article
Page 120
Despite its apparent finality, the "survival statute" may not prevent post-dissolution litigation, a review of Illinois cases shows.

Potential Legal Pitfalls in Condominium Development

By Brian K. Kozminski
December
2001
Article
Page 655
A legal roadmap for Illinois condominium owners.

A President’s Year

By Herb Franks
May
2001
Column
Page 224
If I seem to boast more than is becoming, my excuse is that I brag for humanity rather than for myself.

Preventive legal care for employers

By Helen W. Gunnarsson
December
2001
LawPulse
Page 620
A Chicago attorney offers employment-law audits to her clients. Should you do the same?

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