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Articles From 2002

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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.
Can Court-Imposed Grandparent Visitation Survive Wickham v Byrne? By Michael K. Goldberg September 2002 Article, Page 458 Only if the General Assembly stays within the limits imposed by the U.S. and Illinois Supreme Courts, the author warns.
Can we talk (to the other side’s employees)? By Helen W. Gunnarsson January 2002 LawPulse, Page 10 If you're suing a company that's represented by counsel, when can you talk directly to its employees?
Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath By Carl W. Gilmore September 2002 Article, Page 472 Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.
The Changing Contours of the Illinois Tort of Negligent Misrepresentation By Matthew Sheynes July 2002 Article, Page 362 Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.
Child support obligations regarding medical insurance more strictly enforced September 2002 Illinois Law Update, Page 454 On July 1, 2002, the Department of Public Aid (department) amended section 160 of the Illinois Administrative Code to ensure child support obligations that include medical insurance coverage are satisfied.
Child support: pending privatization of the SDU raises concerns By Helen W. Gunnarsson November 2002 LawPulse, Page 578 State officials say there's no cause for alarm, but some lawyers worry that changing vendors could once again muddle the child-support distribution system.
Circuit court cannot summarily dismiss a defendant’s post-conviction petition as untimely during first stage of post-conviction proceedings November 2002 Illinois Law Update, Page 584 On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.
Civil monetary penalty against nursing home proper when supported by substantial evidence that Medicare regulations were violated October 2002 Illinois Law Update, Page 512 On August 15, 2002, the United States Court of Appeals for the Seventh Circuit concluded that a civil monetary penalty assessed to the plaintiff by the Department of Health and Human Services for violations of Medicare regulations was proper.
Clash over class actions By Helen W. Gunnarsson November 2002 LawPulse, Page 578 Madison County is at the center of a dispute over class-action filings.
College saving in Illinois; a new carrot and stick By Helen W. Gunnarsson October 2002 LawPulse, Page 506 Illinois residents have another incentive to invest in Illinois' Bright Start college savings program; and a disincentive to participate in plans offered by other states.
Communicating with Colleagues By Maureen B. Collins October 2002 Column, Page 555 Attorney-client relationships aren't the only important ones in your professional life. Learn how to talk to your partners, associates and other lawyer-coworkers.
Communities encouraged to provide public access to Internet May 2002 Illinois Law Update, Page 232 On February 15, 2002, the Illinois Department of Commerce and Community Affairs (department) adopted amendments to section 546 of the Illinois Administrative Code. 14 Ill Adm Code 546.
Community caretaking role of police does not provide reasonable suspicion sufficient to conduct a Terry stop or to seize drug evidence September 2002 Illinois Law Update, Page 454 On June 17, 2002, the Appellate Court of Illinois, Fourth District, modified its decision and reversed the defendant's conviction for possession of a controlled substance (cocaine) with intent to deliver because the court ruled in favor of suppressing the only evidence of the defendant's guilt.
Constructive filing only achieved when a document is transmitted by the United States Postal Service September 2002 Illinois Law Update, Page 454 On June 4, 2002, the Appellate Court of Illinois, Fifth District, dismissed the defendant's appeal of the Williamson County Circuit Court's denial of the defendant's motion to transfer venue.
Contending with HIPAA Privacy Standards in Illinois By Neville M. Bilimoria August 2002 Article, Page 414 This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.
Corporate reform bill tough on lawyers By Helen W. Gunnarsson September 2002 LawPulse, Page 448 Ironically, the SEC was lukewarm to less stringent ethics rules urged by a U of I law prof and colleagues last spring.
Correspondence from Our Readers December 2002 Column, Page 622 When forum shopping, don't forget the Indian Child Welfare Act.
Correspondence from Our Readers November 2002 Column, Page 570 Hail to the chief
Correspondence from Our Readers September 2002 Column, Page 442 Eaton's passionate presidency
Correspondence from Our Readers July 2002 Column, Page 334 Put family first.
Correspondence from Our Readers June 2002 Column, Page 278 Medicare liens; a clarification.
Correspondence from Our Readers May 2002 Column, Page 222 More on liens.
Correspondence from Our Readers April 2002 Column, Page 162 Must the author of a "certificate of merit" be disclosed?
Correspondence from Our Readers March 2002 Column, Page 110 Civility begins and ends with judges.
Correspondence from Our Readers January 2002 Column, Page 6 Those clients from hell.
Court need not examine both the reliability of the methodology used and its general acceptance to conduct a proper Frye analysis for admissibility of novel scientific evidence May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.
Creating a Small Office Network, Part II By Todd H. Flaming October 2002 Column, Page 553 Here's the hardware and software you need to network the computers in your office and increase your efficiency and productivity.
Creating a Small-Office Network, Part 1 By Todd Flaming August 2002 Column, Page 425 Small-firm computing is no longer about which computer to buy; even the basic models are powerful enough. Now it's about how to set up a network that lets you share programs and files.
A criminal defendant’s guilty plea at trial waives all Apprendi-based sentencing challenges on appeal July 2002 Illinois Law Update, Page 344 On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.