Publications

Articles From 2002

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A Day in the Life of Future Lawyer

By Todd Flaming
December
2002
Column
Page 665
A technolegal tale from the future. And the future is good.

Decedent’s survivors can sue gun manufacturers and distributors for public nuisance provided that decedent’s death is “fairly traceable” to the defendants’ conduct

March
2002
Illinois Law Update
Page 120
On December 31, 2001, the Appellate Court of Illinois, First District, concluded that the complaint instituted by survivors of decedents killed by guns manufactured or distributed by the defendants stated a cause of action for public nuisance.

Deer hunting regulations amended

December
2002
Illinois Law Update
Page 634
The Department of Natural Resources amended regulations dealing with the hunting of white-tailed deer with handguns.

Defendant cannot be tried for reckless homicide after pleading guilty to reckless driving because of double jeopardy issues

August
2002
Illinois Law Update
Page 402
On June 6, 2002, the Appellate Court of Illinois, Second District, reversed the decision of the Circuit Court of Lake County and concluded that the prosecution violated double jeopardy when it charged the defendant with reckless homicide after he previously pled guilty to reckless driving.

Defendant waived per se conflict with a knowing and intelligent waiver, even though his counsel’s firm represented a potential state witness at the time of the alleged criminal activity

June
2002
Illinois Law Update
Page 288
On March 29, 2002, the Appellate Court of Illinois, First District, in this interlocutory proceeding, reversed the judgment of the trial court disqualifying defense counsel.

Defendant’s failure to assign plaintiff tasks that were given to more experienced employees did not constitute a materially adverse employment action under Title VII

September
2002
Illinois Law Update
Page 454
On July 12, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the grant of summary judgment to the Illinois Department of Transportation (IDOT) in a suit brought by an employee under Title VII.

Defendant’s statements during a routine traffic stop were properly suppressed when police officer did not have independent reasonable suspicion to ask about the items in the car

August
2002
Illinois Law Update
Page 402
On May 24, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of DuPage County and held that certain statements the defendant made as to ownership of items in his vehicle were properly suppressed by the trial court.

Defending the Deposition

By Maureen B. Collins
July
2002
Column
Page 379
Your job is to protect deponents from the undue influence of an overzealous opposing counsel; and from their own confusion and intimidation.

Definition of “relative” expanded

October
2002
Illinois Law Update
Page 512
On August 1, 2002, the Department of Children and Family Services (department) amended rules in sections 300, et al., of the Illinois Administrative Code. 89 Ill Adm Code 300-02, 304, 315, 328, 337-38, 359, 402.

Definition of small construction business altered

November
2002
Illinois Law Update
Page 584
On August 23, 2002, the Department of Central Management Services (department) expanded the number of construction businesses that will be considered "small" businesses in title 44 of the Illinois Administrative Code. 44 Ill Adm Code 1.

Department of Corrections did not violate state Religious Freedom Restoration Act when it confiscated religious pamphlet that contained inflammatory language about correction officers

October
2002
Illinois Law Update
Page 512
On August 13, 2002, the Appellate Court of Illinois, Fifth District, affirmed the ruling of the circuit court of Randolph County, and granted the Illinois Department of Corrections' (DOC) motion to dismiss this case.

Department of Human Services employees added to victims of aggravated assault and battery P.A. 92-0841

December
2002
Illinois Law Update
Page 634
On August 22, 2002, Gov. George H. Ryan signed into law Senate Bill 2030, which amends the Criminal Code of 1961 to include employees of the Department of Human Services (DHS) among the victims of aggravated assault or battery.

Department of Natural Resources takes steps to prevent disease from spreading throughout Illinois deer population

October
2002
Illinois Law Update
Page 512
On July 30, 2002, the Department of Natural Resources (department) adopted emergency amendments to section 635 of the Illinois Administrative Code. 17 Ill Adm Code 635.

The devil in the details of domestic-partner benefits

By Helen W. Gunnarsson
November
2002
LawPulse
Page 578
More employers are offering benefits to their employees' nonspouse partners. Here are some of the legal and administrative issues they need to consider.

Director of IDOC abused his discretion by following unwritten policy that prevented inmates with domestic battery arrests from receiving good-time credit

March
2002
Illinois Law Update
Page 120
On December 28, 2001, the Appellate Court of Illinois, Third District, affirmed the trial court's decision that the director of the Illinois Department of Corrections (IDOC) abused his discretion by refusing to grant good-time credit to the defendant because he was previously charged with domestic battery.

Do trial lawyers have the Country behind them?

By Helen W. Gunnarsson
November
2002
LawPulse
Page 578
A recent case interpreting language that appears in many Country Companies insurance policies has the plaintiffs' bar buzzing.

Document-Retention Policies in the Wake of Enron

By David F. Barlett
June
2002
Article
Page 317
Find out how a uniform and consistent document-retention policy can protect your clients.

Electronic surveillance regulations updated

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Department of State Police (department) adopted several amendments to section 1295 of the Illinois Administrative Code. 20 Ill Adm Code 1295.

Eligibility for restricted driving permits and minimum sentence requirements for DUI convictions P.A. 92-0418

June
2002
Illinois Law Update
Page 288
On August 17, 2001, Gov. Ryan signed House Bill 2265, which amended the Illinois Vehicle Code and the Unified Code of Corrections concerning the eligibility for restricted driving permits and minimum sentence requirements for drivers convicted of DUI offenses.

Embezzlement at insurance company affects interstate commerce and Congress authorized to prohibit such conduct under Commerce Clause

October
2002
Illinois Law Update
Page 512
On August 20, 2002, 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.

Emergency amendments aid hospitals

July
2002
Illinois Law Update
Page 344
On April 30, 2002, the Department of Public Aid (department) adopted emergency amendments to section 148 of the Illinois Administrative Code. 89 Ill Adm Code 148.

Emergency Preparedness Pointers for Lawyers

By Paul Sullivan
May
2002
Column
Page 265
Let's face it; sometimes you can't prevent fires, floods, violent attacks and the like from wreaking havoc in the workplace. But you can prepare for the worst.

Employee’s Hepatitis B did not substantially limit a major life activity under the Americans with Disabilities Act

January
2002
Illinois Law Update
Page 14
On October 22, 2001, the seventh circuit court of appeals affirmed the grant of summary judgment for a former employer, holding that "liver function" was not a major life activity under the Americans with Disabilities Act, 42 USC § 12101 et seq.

Employers need not hire workers for jobs that threaten health

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The ADA does not require employers to hire employees for jobs that would pose a "direct threat" to the candidates health, the Supreme Court ruled.

Employment agreement between physician and unlicensed not-for-profit corporation violates prohibition against corporate practice of medicine

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that a physician's employment agreement her employer violated the prohibition against the corporate practice of medicine and was void and unenforceable.

Estate and Gift Tax Changes: What’s New in the New Law?

By Richard A. Campbell and Mary C. Talarico
January
2002
Article
Page 24
Here's a summary of the changes wrought by the Economic Growth and Tax Relief Reconciliation Act.

The estate of homestead is a permissible defense to a forcible entry and detainer action by a condominium association seeking possession and money damages for back maintenance assessments on a condominium unit

February
2002
Illinois Law Update
Page 66
On November 26, 2001, the Appellate Court of Illinois, Second District, reversed the decision of the trial court, holding that an estate of homestead is a defense to a condominium association's forcible entry and detainer action against a condominium owner who owes back assessments to the association.

Estate-Planning Internet Resources for Illinois Lawyers

By Adria P. Olmi
January
2002
Column
Page 49
Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.

Ethical Campaign Practices for Illinois Judicial Candidates

By Hon. Patrick E. McGann
February
2002
Article
Page 76
A review of the ethical limitations on Illinois judicial campaigns.

An even brighter start for college savers

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
Beginning last January 1, section 529 college savings plans allow contributions to grow tax-free.

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