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Articles From 2002

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Every Lawyer’s Guide to DUI

By Donald J. Ramsell
June
2002
Article
Page 311
An overview for lawyers who don't practice DUI law.

Evidence of parent’s conduct following removal of children from her care is irrelevant to the determination of parental unfitness under “failure to protect” provision

June
2002
Illinois Law Update
Page 288
On March 21, 2002, the Illinois Supreme Court affirmed the appellate court, holding that evidence of a parent's conduct following removal of children from her care is irrelevant under the "failure to protect" provision for determining parental unfitness in a termination of parental rights proceeding under the Juvenile Court Act, 705 ILCS 405/2-29.

“Exculpatory no” doctrine is not an exception to criminal liability for obstruction of justice

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court reversed the appellate court and held that, in a criminal prosecution for obstruction of justice, the "exculpatory no" doctrine is not a defense to criminal liability.

Exemptions and deductions for Medical Assistance Program expanded

September
2002
Illinois Law Update
Page 454
On June 26, 2002, the Illinois Department of Public Aid (department) adopted amendments to section 120 of the Illinois Administrative Code. 89 Ill Adm Code 120.

Expert testimony on airbag sensor system admissible if supported by proper foundation

November
2002
Illinois Law Update
Page 584
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.

Fee tax turns employment-lawsuit winner into loser

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
Taxing attorney fee awards as income to the plaintiff threatens to reduce an employee's award to less than zero.

File Retention: Preventing Brownfields in Your Storage Room

By Karen Dilibert
December
2002
Column
Page 667
How can you avoid a massive, Superfund-style client-file cleanup down the road? Here are some pointers.

Finding of an open and obvious danger does not bar finding that a product was unreasonably dangerous because of a design defect under a risk-utility analysis

August
2002
Illinois Law Update
Page 402
On May 24, 2002, the Appellate Court of Illinois, First District, reversed the judgment of the Circuit Court of Cook County granting summary judgment to the defendants in this product liability case.

A First Response to Apprendi: 2001 Illinois Supreme Court Criminal Law Survey

By James H. Reddy
May
2002
Article
Page 254
The justices addressed a few issues raised by the U.S. Supreme Court's Apprendi ruling, but many remain.

For claim of intentional infliction of emotional distress against former spouse, specific conduct alleged in complaint must be judged within context of marital setting; continuing-tort theory is applicable in this type of action; boilerplate language in m

December
2002
Illinois Law Update
Page 634
On September 18, 2002, the Appellate Court of Illinois, Fifth District, reviewed three certified questions from the circuit court of Jefferson County and remanded the cause for further proceedings.

Foreign Intelligence Surveillance Court keeps its eyes on the spies

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
A brief history of the federal court that reviews the propriety of foreign intelligence wiretaps, which recently made news by denying a wiretap request for only the second time in 20-plus years.

Forgoing Interlocutory Appeals: the New “Law of the Case”

By Avidan J. Stern
December
2002
Article
Page 652
The Illinois Supreme Court has ruled that parties may appeal rulings at the end of a case even after forgoing an interlocutory appeal.

Forum Shopping (the Good Kind) in Custody and Guardianship Cases

By M. Lee Witte and Margaret C. Benson
September
2002
Article
Page 481
In custody cases, like most others, you'll increase your odds of success if you choose your forum wisely.

From Advocate to Peacemaker: Qualities and Techniques of the Successful Mediator

By Richard M. Calkins and Fred Lane
November
2002
Article
Page 594
Pointers for lawyers about how to play the peacemaker role.

Future injuries; the high court charts a new course

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
When the Illinois Supreme Court held that plaintiffs can be compensated for the risk of future injury, it departed from precedent and followed the trend.

Getting Real-World Advice on Ethical Dilemmas

By Karen J. Dilibert
February
2002
Column
Page 99
Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.

Government to indemnify employees for attorney fees under Tort Immunity Act P.A. 92-0810

December
2002
Illinois Law Update
Page 634
Gov. George H. Ryan signed into law an amendment to the Local Governmental and Governmental Employees Tort Immunity Act.

The Gramm-Leach-Bliley Act: Does it Apply to You?

By Aaron W. Brooks and Megan G. Heeg
August
2002
Article
Page 412
Many argue that GLBA's disclosure and other requirements apply to lawyers. Here's what to do.

Gravel walkway near home is not within curtilage of home and hence defendant has no expectation of privacy in property visible from the walkway

August
2002
Illinois Law Update
Page 402
On May 28, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the holding of the United States District Court for the Central District of Illinois and the defendant's conviction.

A Guide to EEOC Mediations

By Mary B. Manzo
November
2002
Article
Page 607
Pointers about the EEOC program from the Chicago office's ADR coordinator.

Have You Hugged Your Backup Lately?

By Paul Sullivan
September
2002
Column
Page 489
It's not a matter of whether you'll have a computer failure but when. Here's how to tell whether your backup system is up to snuff.

Healing-Art Malpractice Report: Must the Reporter be Identified?

By David F. Monteleone
February
2002
Article
Page 93
This author argues that plaintiffs can ignore the disclosure provisions.

Health insurance coverage for mastectomies

June
2002
Illinois Law Update
Page 288
On March 25, 2002, the Illinois Department of Insurance (department) issued emergency amendments to section 5421 of the Illinois Administrative Code. 50 Ill Adm Code 5421.

The high court overturns Illinois grandparents’ visitation statute

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
The Illinois Supreme Court rules that the grandparents' visitation law unconstitutionally infringes upon parents' rights.

High-tech filing comes to bankruptcy court…

By Helen W. Gunnarsson
June
2002
LawPulse
Page 282
Bankruptcy court for Illinois' southern district now requires electronic filing.

Hospital review procedures expanded

November
2002
Illinois Law Update
Page 584
On September 3, 2002, the Illinois Department of Public Aid (department) adopted amendments to part 148 of title 89 of the Illinois Administrative Code, dealing with hospital services.

Illinois Constitution does not provide a witness with a privilege against self-incrimination where there is a potential criminal prosecution against him by a foreign sovereign

March
2002
Illinois Law Update
Page 120
On November 21, 2001, the Illinois Supreme Court reversed the appellate court's decision to grant a defendant's interlocutory appeal, holding that the Illinois Constitution does not provide a witness with a privilege against self-incrimination because of a potential criminal prosecution against him by a foreign sovereign.

Illinois counties must have homicide protocol P.A. 92-0802

December
2002
Illinois Law Update
Page 634
Effective January 1, 2003, the Counties Code will be amended to require Illinois counties, other than "home rule" counties, to establish a written protocol to deal with homicides and questionable deaths.

Illinois Election Law and Procedure: Serious Problems, Straightforward Solutions

By Brian K. LaFratta and Jamie Lake
March
2002
Article
Page 130
The authors examine problems that arose in Illinois during the 2000 election and recommend solutions.

Illinois’ Evolving Doctrine of Intrastate Forum Non Conveniens

By Kristen M. Smith
December
2002
Article
Page 638
Courts have been generous in granting change of venue requests, but will the new supreme court take a different tack?

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