Publications

Articles From 2002

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Pages

125 Years of Making a Difference

By Tim Eaton
March
2002
Column
Page 112
Eighty-eight lawyers from 37 counties met in the Sangamon County Courthouse in Springfield on January 4, 1877, to formalize the beginning of the Illinois State Bar Association.

2002 Spring Session Roundup

By Jim Covington
August
2002
Column
Page 398
A revamped Uniform Partnership Act and new sex-abuse reporting requirements by clergy are among the many bills awaiting Gov. Ryan's signature at press time.

The ABCs of the ADA

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Every lawyer should know something about this far-reaching statute.

Adjudicated parent seeking to declare nonexistence of relationship between him and child must first obtain DNA test results disproving paternity

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court ruling that obtaining DNA test results disproving paternity is a condition precedent to the filing of an action to declare the nonexistence of a parent and child relationship.

Adoption assistance services

March
2002
Illinois Law Update
Page 120
On December 15, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 302 of the Illinois Administrative Code. 89 Ill Adm Code 302.

Affidavits of expert witnesses must comply with the plain language of Illinois Supreme Court Rule 191(a)

September
2002
Illinois Law Update
Page 454
On June 20, 2002, the Illinois Supreme Court reversed the appellate court and upheld the trial court's decision to reject the affidavit of the plaintiff's medical expert.

Affordable Housing Tax Credit Program implemented

July
2002
Illinois Law Update
Page 344
On April 15, 2002, the Illinois Housing Development Authority (authority) implemented new rules involving the administration of the affordable housing tax credit program in section 355 of the Illinois Administrative Code. 47 Ill Adm Code 355.

After being involuntarily dissolved, reincorporation of a homeowners association is not a mere formality and must conform to the requirements of the Illinois General Not For Profit Corporation Act of 1986

July
2002
Illinois Law Update
Page 344
Residential homeowners filed two declaratory judgment actions against the York Woods Community Association alleging that the association was not the legitimate successor of the prior homeowners association, which was involuntarily dissolved by the secretary of state.

All in the Family

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Perhaps your family-owned-business clients can take advantage of this special estate-tax exclusion.

Amendments to Consumer Fraud and Deceptive Business Practices Act requiring pre-filing notification to car dealers are unconstitutional

September
2002
Illinois Law Update
Page 454
On June 28, 2002, the Appellate Court of Illinois, First District, held that the 1993 and 1996 amendments to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1996).

Amendments to hospital reimbursement plan implemented

August
2002
Illinois Law Update
Page 402
On May 28, 2002, the Illinois Department of Public Aid (department) amended rules relating to reimbursement for medical programs and hospital services in section 89 of the Illinois Administrative Code. 89 Ill Adm Code 148.

Appeal Bonds and Illinois Supreme Court Rule 305

By Carolyn Quinn
April
2002
Article
Page 199
Will you need an appeal bond to stay execution of judgment and protect your client's property? This article discusses the process.

Appellate court lacks jurisdiction where struck counts and dismissed claims not separate and distinct from remaining claims; income partners not “partners” for purposes of liability for malpractice claims

December
2002
Illinois Law Update
Page 634
On September 9, 2002, the Appellate Court of Illinois, First District, affirmed in part and reversed in part the orders of the circuit court of Cook County striking the plaintiff's breach of contract counts, dismissing part of the claim for damages.

Appellate Judges and Lawyers: Building the Edifice of Law

By Tim Eaton
April
2002
Column
Page 166
When we were in law school we learned the basic principles of constitutional, criminal, contract, and tort law by studying opinions written in our state and federal reviewing courts.

The Appellate Timetable: A Procedural Checklist for General Practitioners

By Michael F. Dahlen
April
2002
Article
Page 188
A review and checklist of the deadlines lawyers must meet when they file appeals.

Are Plant-Shutdown Pension Benefits Protected?

By Michael F. Tomasek
January
2002
Article
Page 43
Federal courts are split on the issue.

Arguments That Work: Rhetorical Strategies for Argumentation

By Maureen B. Collins
November
2002
Column
Page 611
After evaluating the strengths and weaknesses of your facts and evidence, use one of the rhetorical strategies described here to argue your case.

Assistance appeal hearings

February
2002
Illinois Law Update
Page 66
On October 30, 2001, the Illinois Department of Human Services (department) adopted amendments to section 14 of the Illinois Administrative Code. 89 Ill Adm Code 14.

Availability of access to records of psychological treatment further narrowed

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.

Avoiding settlement surprises

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
What do you do to keep a settlement from unraveling? And what do you do when it unravels despite your best efforts? Seasoned negotiators offer advice.

Back to the Future

By Loren Golden
September
2002
Column
Page 446
One of my goals during my year as president is to determine whether the ISBA can present a meaningful, competitive health insurance program for our members.

Back to the Future

By Loren Golden
July
2002
Column
Page 336
It is with not a little trepidation, humility, and excitement that I embark upon my year as president of the Illinois State Bar Association.

Bar associations, U.S. reps seek exemptions for lawyers from Gramm-Leach-Bliley

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
The New York State and American Bar Associations have filed lawsuits seeking declaratory judgments that the FTC's application of GLBA's privacy provisions to practicing attorneys is unlawful, and members of Congress have introduced legislation that would exempt lawyers from the Act.

Behavior treatment in residential child care facilities

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Department of Children and Family Services (department) adopted amendments to section 384 of the Illinois Administrative Code. 89 Ill Adm Code 384.

Beneficiary’s malpractice action against deceased mother’s attorney for harm not suffered until after death of mother allowed when brought within two years of mother’s death

April
2002
Illinois Law Update
Page 176
On January 25, 2002, the Illinois Supreme Court affirmed the appellate court ruling that an exception to the statute of repose for attorney malpractice, 735 ILCS 5/13-214.3(d).

Bill requiring DNA samples awaits Ryan’s signature

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
Prosecutors and criminal defense attorneys alike praise the legislation, which requires everyone convicted of a felony to provide DNA for a statewide database.

Bill would require clergy to report abuse

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.

Boyd laid down the law on spoliation

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
Want to learn the law governing destruction of evidence in Illinois? Start with this 1995 Illinois Supreme Court decision.

Build an Online Law Library for Free (Mostly)

By Todd H. Flaming
April
2002
Column
Page 211
The print law library is dead. Long live the Internet law library.

Buyers of condominium units did not waive implied warranty of habitability when disclaimer in sales contract did not contain the phrase “implied warranty of habitability”

February
2002
Illinois Law Update
Page 66
On November 21, 2001, the Illinois Supreme Court reversed the appellate court's affirmation of a motion to dismiss brought by condominium unit sellers.

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