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Articles From 2002

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Illinois Judges Speak Out on Settlement Conferences

By Mark S. Mathewson
November
2002
Article
Page 604
Six judges from around the state describe their approach to pre-trial settlement conferences.

Illinois’ Revised Uniform Partnership Act

By Steven G. Frost
December
2002
Article
Page 644
Effective January 1, Illinois' partnership law will undergo extensive change. Here's a review.

Illinois Supreme Court cares for caretakers

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
The high court upholds the Probate Act provision that allows a claim against the estate by selected relatives who serve as custodial caretakers.

In a murder case, when the age of the victim is proven beyond a reasonable doubt, the trial judge may consider aggravating factors in determining an appropriate sentence without violating Apprendi

August
2002
Illinois Law Update
Page 402
On June 6, 2002, the Illinois Supreme Court upheld the defendant's extended-term sentence imposed by the trial court pursuant to section 5-8-2(a)(1) of the Unified Code of Corrections, 730 ILCS 5/5-8-2(a)(1) (1994).

In absence of additional evidence, a signed consent form indicating plaintiff’s anesthesiologist was an independent contractor was sufficient to show that codefendant hospital did not “hold out” the doctor as its apparent agent

July
2002
Illinois Law Update
Page 344
On April 26, 2002, the Appellate Court of Illinois, Second District, affirmed the decision of the Circuit Court of Kane County in granting codefendant hospital's motion for summary judgment.

In dismissing action, court converted employer’s motion to dismiss into a motion for summary judgment, and thus was required to permit parties to engage in discovery

January
2002
Illinois Law Update
Page 14
On October 22, 2001, the seventh circuit court of appeals reversed the district court's dismissal of plaintiff Covington's ADA claim.

In workers’ compensation suit, claimant not required to show that his stress exceeded the stress of coworkers

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Supreme Court reversed the appellate court in holding that, in a suit to recover workers' compensation benefits.

Incivility: The Exception, Not the Rule

By Tim Eaton
January
2002
Column
Page 8
A few years ago, as we finished closing arguments in a trial, my opposing counsel came over, shook my hand, and congratulated me on a job well done. I reciprocated with the same compliment.

Incorporating the Standard of Review into Your Appellate Argument

By Maureen B. Collins
April
2002
Column
Page 209
Here's how to remind the appellate court of its responsibility, and its power, to overturn or uphold the lower court's decision.

Increased child care subsidies

March
2002
Illinois Law Update
Page 120
On December 1, 2001, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 89 Ill Adm Code 50.

Increased fines for digging without calling JULIE P.A. 92-0179

July
2002
Illinois Law Update
Page 344
Gov. George H. Ryan signed legislation last July that amends the Illinois Underground Utility Facilities Damage Prevention Act (Act) (for an in-depth look, see William Zieske's article beginning on page 354).

Indigent mother has a constitutional right to court-appointed counsel to appeal ruling that she is an unfit parent, even if county is required to pay counsel’s fees

April
2002
Illinois Law Update
Page 176
On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.

Individual taxpayers do not have standing when state is real party in interest and section 20-104(b) of Illinois Code of Civil Procedure is unconstitutional to extent that it gives taxpayers that right

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Illinois Supreme Court held that the plaintiffs, a private citizen and a watchdog group, did not have standing to recover funds for Illinois taxpayers that were illegally received by employees of the Secretary of State's Office.

Internet Resources for Illinois Corporate and Securities Lawyers

By Adria P. Olmi
May
2002
Column
Page 267
Here are some of the helpful Internet resources; most of them free; for corporate and securities lawyers.

Internet Resources for Illinois Personal Injury Lawyers

By Adria P. Olmi
March
2002
Column
Page 151
Resources abound on the 'Net for p.i. lawyers. Here are some of the best.

Investigations of maltreatment of individuals in state-operated facilities

April
2002
Illinois Law Update
Page 176
On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.

IRPTA; goodbye and good riddance

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Real estate lawyers applaud the demise of the Illinois Responsible Property Transfer Act, which they say produced useless paperwork and little else.

Is an Internet “Road Show” an Oral or a Written Prospectus Under the Securities Act?

By James J. Moylan and Ana M. Mencini
January
2002
Article
Page 32
The authors trace the SEC's regulation of "road shows" from the concrete to the electronic highway.

Is E-mail Subject to the Open Meetings Act?

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Some e-mail exchanges between public board members might constitute meetings and thus implicate the Open Meetings Act.

Is Your Word Processor Telling Secrets to the Enemy?

By Todd Flaming
June
2002
Column
Page 319
Your word-processing software may be making confidential information available to your adversaries without your knowing it. Here's how it happens and what you can do about it.

Issuance of licenses

January
2002
Illinois Law Update
Page 14
On September 24, 2001, the Illinois Office of the Secretary of State adopted an emergency amendment to section 1030 of the Illinois Administrative Code. 92 Ill Adm Code 1030.

It’s Time to Repeal Illinois’ Seat-Belt Gag Rule

By Richard B. Foster and Charles E. Harper
February
2002
Article
Page 88
The authors recommend repeal of the law that prohibits admission of evidence of seat belt non-use.

Joint custody order not abuse of discretion if evidence shows parties cooperative; trial court may not order automatic termination of custody based upon either party moving from two specified counties

November
2002
Illinois Law Update
Page 584
On August 23, 2002, the Appellate Court of Illinois, Fourth District, affirmed as modified the order of the Circuit Court of Sangamon County awarding joint custody to the parties.

JULIE, Digger and Liability for Damage to Buried Utilities

By William F. Zieske
July
2002
Article
Page 354
A review of the newly amended Underground Utility Facilities Damage Prevention Act, which protects underground utilities from construction damage and governs the legal relationship between contractors and utilities

Jumping on a trampoline poses open and obvious risks so there is no duty to warn

August
2002
Illinois Law Update
Page 402
On June 6, 2002, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, and concluded that it was proper to enter summary judgment on behalf of the defendants in this product liability case.

The Latest on Liens: An Illinois Tort Lawyer’s Guide

By Edward W. McNabola and Kevin E. O’Reilly
March
2002
Article
Page 124
Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.

Law authorizes Health Maintenance Organizations (HMOs) to offer point-of-service (POS) benefits P. A. 92-0135

August
2002
Illinois Law Update
Page 402
Gov. George H. Ryan signed into law House Bill 1040 on July 24, 2001, which amended Illinois' Health Maintenance Organization Act.

Law Librarians Can Help You Save Money and Do Better Research

By Peter A. Hook
July
2002
Article
Page 373
You can use a librarian to conduct research more effectively, even if you don't have one on staff.

Law permitting a parent to be declared unfit after more than one child is born with drugs in his or her system and the mother has the opportunity for treatment does not violate the equal protection or due process clauses of the Illinois Constitution

June
2002
Illinois Law Update
Page 288
On April 3, 2002, the Appellate Court of Illinois, Second District, affirmed the ruling of the trial court terminating the parental rights of the respondent after finding that she was an unfit parent.

Law prohibits cell phone look-alike firearms: guns that resemble cellular telephones P. A. 92-0155

August
2002
Illinois Law Update
Page 402
On July 25, 2001, Gov. George H. Ryan signed into law Senate Bill 0037, which amends the Criminal Code of 1961 to prohibit the manufacture, sale, transfer, purchase, possession, or carrying of a firearm that is in the shape or design of a wireless telephone.

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