Publications

Articles From 2002

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Pet project

By Helen W. Gunnarsson
December
2002
LawPulse
Page 628
More and more estate-planning clients want to make sure that Fluffy is well provided for. Here's how to help them.

Petition to modify child support cannot delay enforcement ; P.A. 92-289

February
2002
Illinois Law Update
Page 66
Gov. George H. Ryan recently approved legislation making it easier to go forward with litigation to collect child support.

The Physician as Good Samaritan: Evolving Legal Protections Under Illinois Law

By Theodore R. LeBlang
October
2002
Article
Page 522
A review of the statutory and case law shielding physicians who provide medical care in emergencies.

Picky, Picky, Picky: Formatting an Appellate Brief

By Maureen B. Collins
September
2002
Column
Page 491
Don't try to understand the often picayune rules that govern typefaces, paper color and the like; just learn and follow them.

Plaintiffs allegations of “bait and switch” advertising were sufficient to state claims under the Illinois Consumer Fraud and Consumer Loan Acts when lender advertised a new loan but refinanced an old loan at unfavorable rates

July
2002
Illinois Law Update
Page 344
On March 27, 2002, The Appellate Court of Illinois, First District, Third Division, reversed the dismissal of the plaintiffs' consumer class action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1998) and the Illinois Consumer Installment Loan Act, 205 ILCS 670/18 (1998).

Plaintiff’s “marketing theory” of causation insufficient to satisfy proximate cause under Illinois Consumer Fraud and Deceptive Business Practices Act

September
2002
Illinois Law Update
Page 454
On June 20, 2002, the Illinois Supreme Court reversed the appellate court and affirmed the trial court's dismissal of the plaintiff's amended class action complaint.

The power of special interrogatories

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
They're a useful tool for the plaintiffs' bar as well as the defense, a trial lawyer says.

Pre- and post-delivery negligence allegations are part of a continuous series of events that meet the requirement for an identity in causes of action to dismiss suit under res judicata

June
2002
Illinois Law Update
Page 288
On April 3, 2002, the Appellate Court of Illinois, Second District, concluded that the plaintiff's suit was barred by the doctrine of res judicata because there was an identity of the causes of action in plaintiff's prior and present suits.

Prenups help couples put their cards on the table

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Even though courts have broad discretion to ignore prenuptial agreements, couples can benefit from the process of creating them, a family practitioner says.

Preparing to Take a Deposition

By Maureen B. Collins
May
2002
Column
Page 269
The first of three articles addressing the skills you need to take and defend a deposition.

Preventive Legal Care for Workplace Violence

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Counsel your employer-clients to address workplace violence before it happens.

Primary Insurers’ Duty to Exercise Good Faith Toward Excess-Insurance Carriers

By Beth Boggs and Daniel McLaughlin
January
2002
Article
Page 18
A review of primary insurers' obligations to excess-insurance carriers in settlement negotiations.

A Primer on Eminent Domain

By Jack H. Tibbetts
June
2002
Article
Page 313
An outline of the procedural requirements and recent cases.

Prior to filing condemnation proceedings, city must make a bona fide attempt to agree on price and negotiate in good faith

May
2002
Illinois Law Update
Page 232
On February 7, 2002, the Appellate Court of Illinois, Second District, affirmed the trial court's dismissal of Naperville's condemnation proceedings.

Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux

By Michele M. Jochner
February
2002
Article
Page 70
In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.

Probate Court Report #1: Protect children of divorce before probate

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Take steps during the divorce to protect ex-spouses/children after their ex-partner/parent's death, or they might get no higher priority in probate court than magazine subscriptions and utility bills.

Probate Court Report #2: Take care with heirship

By Helen W. Gunnarsson
March
2002
LawPulse
Page 114
Do a little probate work? Then take heed: failing to properly prepare an affidavit of heirship can lead to embarrassment or worse if the will falls through.

Professional Boxing and Wrestling Act amended to exclude wrestling

November
2002
Illinois Law Update
Page 584
On September 3, 2002, the Department of Professional Regulation (department) amended and repealed rules relating to professional boxing and wrestling matches in title 68 of the Illinois Administrative Code. 68 Ill Adm Code 1370.

Prompt Payment Act altered

December
2002
Illinois Law Update
Page 634
On September 19, 2002, the Office of the Comptroller and Department of Central Management Services adopted a joint amendment to the Illinois Administrative Code.

Proposed legislation would revamp Illinois child-support enforcement

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
HB 5140 would reduce the bureaucratic complexity of child-support enforcement by putting it in state's attorneys' hands.

Protecting Subcontractors’ Rights Under the Illinois Public Construction Bond Act

By Peter J. Bedard
October
2002
Article
Page 544
A look at how the Act can help your construction-business clients get paid for work they've done on public projects.

Protecting Your Communications

By Maureen B. Collins
January
2002
Column
Page 47
Don't let your brainchildren be like the proverbial cobbler's shoeless kids; lawyer, protect your IP rights.

Protecting Your Firm Against Loss of Key Employees

By Paul Sullivan
March
2002
Column
Page 147
Do you find yourself printing e-mail missives and saving the paper? Here's a better way to create an e-mail archive.

Provisions of Hospital Licensing Act permitting disclosure of patient information within hospital and to hospital’s counsel held constitutional

January
2002
Illinois Law Update
Page 14
On October 18, 2001, the Illinois Supreme Court, on direct appeal, reversed the circuit court, holding that the Hospital Licensing Act, 210 ILCS 85/6.17, did not violate the separation of powers doctrine, did not unreasonably violate a patient's right to privacy, and did not constitute impermissible special legislation.

Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold

January
2002
Illinois Law Update
Page 14
On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.

Putting Family First

By Tim Eaton
May
2002
Column
Page 224
Jane, Brian, Brent and Amanda; my wife and three children; my family. I have not mentioned them this year in my column.

Qualifications to advance for state police officers amended

December
2002
Illinois Law Update
Page 634
On September 23, 2002, the Department of State Police Merit Board (merit board) amended its procedures relating to qualifications and advancement in rank for state police officers in title 80 of the Illinois Administrative Code.

Recovering Damages for Fetal Pain and Suffering

By Barry David and Barth Howard Goldberg
December
2002
Article
Page 661
The authors argue that parents are entitled to recover for an unborn child's pain and suffering.

Recovering Lost Earning Capacity Under the Workers’ Compensation Act

By Douglas Rallo
July
2002
Article
Page 348
A detailed guide to helping clients recover for lost income or earning capacity under section 8(d)(1) of the Workers' Comp Act.

The “Religious Purposes” Property Tax Exemption and the First Amendment

By James W. Hilliard
October
2002
Article
Page 549
Here's how taxing authorities can determine whether property is being used for religious purposes without impermissibly inquiring into religious beliefs.

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