Publications

Articles From 2003

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Guardian ad litem 101

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
Veteran ISBA members offer advice to lawyers who find themselves appointed as guardian ad litem for disabled respondents.

Guardianship and its Alternatives: What’s Best for Elderly Clients?

By Susan Dawson-Tibbits
March
2003
Article
Page 120
Sometimes guardianship is the right answer for elderly clients, but often there are better, less intrusive alternatives

A Guide to the Illinois Post-Conviction Hearing Act

By Kerry J. Bryson
May
2003
Article
Page 248
The Act allows prisoners to pursue claims neglected on direct appeal or based on facts not in the record.

Health Insurance for ISBA Members

By Loren Golden
June
2003
Column
Page 272
As I promised in one of my previous President's Pages, the ISBA, at my direction, was going to take a serious look at providing meaningful health insurance for our members.

Helping Clients Make the Most of Health-Care and Property POAs

By Daniel M. Moore Jr.
January
2003
Article
Page 35
Pointers on using advance directives to help clients avoid guardianship and make life-and-death decisions before they lack capacity.

Highway hire-back to be funded by additional fines P.A. 92-0619

February
2003
Illinois Law Update
Page 62
Recent legislation amended the Illinois Vehicle Code and the State Finance Act.

Honor thy POA

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
What can you do when a bank refuses to honor a duly executed POA for property? Here are some suggestions.

Hospital Employment of Physicians After Berlin and Carter-Shields

By Saul J. Morse and Robert John Kane
August
2003
Article
Page 402
Recent developments in Illinois law governing employment of physicians by hospitals and hospital affiliates.

Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation

December
2003
Illinois Law Update
Page 600
On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 

Hospitals potentially liable even if doctor takes the blame

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
The supreme court recently affirmed a med-mal plaintiff's right to proceed against a hospital even where the physician falls on his sword.

How Great Will the Impact Really Be?

By Judy L. Cates
May
2003
Article
Page 231
Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.

How to Find Jury Instructions

By Phill Johnson
July
2003
Column
Page 361
Jury instructions aren't hard to find in print, but you'll have less luck searching online.

IHSA’s definition of “undue influence” not vague and ambiguous, yet summary judgment inappropriate where it is unclear whether definition applied in fair manner

July
2003
Illinois Law Update
Page 332
On April 30, 2003, the Appellate Court of Illinois, Fourth District, reversed and remanded the order of the circuit court of McLean County granting the defendant, IHSA, summary judgment.

Illinois Legal Ethics 101

By Thomas More Donnelly
January
2003
Article
Page 18
Answers to some of the most common legal ethics questions.

Illinois legislature outlaws ephedra P.A. 93-0008

August
2003
Illinois Law Update
Page 384
In May 2003, the state legislature enacted the Ephedra Prohibition Act, banning the sale or offer for sale of any dietary supplement containing any quantity of ephedra or ephedrine alkaloids.

Illinois Mechanics Lien Questions and Answers

By Samuel H. Levine
March
2003
Article
Page 137
A quick Q&A guide to the Act and to mechanics liens generally, with links to online forms.

Illinois’ New Estate-Tax Law

By David A. Berek
September
2003
Article
Page 465
An overview of Illinois' newly "decoupled' estate-tax scheme.

Illinois Parentage Act does not require trial court to grant petition to modify visitation order because custodial parent wishes to leave state with her child; court must still determine whether modification would be in child’s best interest

January
2003
Illinois Law Update
Page 14
On October 17, 2002, the Appellate Court of Illinois, Third District, reversed and remanded the order of the circuit court of Rock Island County granting a petition to modify a visitation order to allow the mother to move to Florida with the parties' child.

Illinois says “no” to estate-tax elimination

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
The feds are phasing out the estate tax, but beginning this year cash-strapped Illinois will no longer cap its estate tax at the federal maximum.

The Illinois Supreme Court’s 2002 Civil Cases: A New Court Settles In

By Nancy J. Arnold, Tim Eaton, and Michael T. Reagan
April
2003
Article
Page 172
Our annual review of the leading cases.

Illinois Workforce Investment Board created P.A. 92-0588

March
2003
Illinois Law Update
Page 116
Recently enacted legislation created the Illinois Workforce Investment Board (board), a body formerly known as the Illinois Human Resource Investment Council.

In claim for workers’ compensation, Industrial Commission’s award of payments must be upheld if based upon sufficient evidence that a work-related injury was responsible for aggravating or accelerating claimant’s preexisting condition

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court upheld the Industrial Commission's award of temporary total disability payments on a workers' compensation claim.

In petitions for removal, custodial parents do not have to show that child will reap “direct” benefit from move; custodial parents only have to show that the disruption caused by move will be outweighed by benefits resulting from move

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court held that when considering the best interest of children in petitions by custodial parents for removal from Illinois.

Increased penalties for arson involving a place of worship P.A. 93-0169

September
2003
Illinois Law Update
Page 436
New legislation provides for increased penalties for arson involving a place of worship.

Insurance plans must cover contraceptives P.A. 93-0102

September
2003
Illinois Law Update
Page 436
Individual or group policies of accident and health insurance amended, delivered, issued, or renewed in Illinois after January 1, 2004.

Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.

Insuring against bankrupt insurers

By Helen W. Gunnarsson
June
2003
LawPulse
Page 274
What to do when an insurance company important to your case goes belly up? For one thing, consult the Illinois Office of the Special Deputy Receiver.

Insuring Against Insolvent Insurers: The Illinois Insurance Guaranty Fund

By Marlene A. Kurilla and Melissa A. King
November
2003
Article
Page 560
Which insurers are covered and which are not? What's a "covered claim"? Find out how the fund works.

Insuring Your Law Practice

By Paul Sullivan
January
2003
Column
Page 41
What kinds of insurance does your practice need, and how much? Here's an overview.

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