Publications

Articles From 2003

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Maximizing Your Client’s Recovery Under the Federal Tort Claims Act

By Thomas A. Kantas
February
2003
Article
Page 76
An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.

Mediation procedures for telephone customers implemented

March
2003
Illinois Law Update
Page 116
On January 1, 2003, the Illinois Commerce Commission (commission) adopted new rules relating to the administration and implementation of its mediation program for solving the disputes of telephone customers in title 83 of the Illinois Administrative Code.

Medical payments adopted under Public Aid

May
2003
Illinois Law Update
Page 226
The Illinois Department of Public Aid recently amended 89 Ill Adm Code 140, relating to medical payments.

Medical payments under Public Aid amended

February
2003
Illinois Law Update
Page 62
The Illinois Department of Public Aid recently altered the rules governing payouts for medical services. The changes are codified in the Administrative Code.

Meeting the press

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
Why should lawyers talk to reporters? Because it can be good for you and your client, journalists say.

Membership and Mentorship

By Terrence J. Lavin
July
2003
Column
Page 324
As I embark on this wonderful journey as your president, I find myself constantly thinking about the people who helped me get to this lofty position.

Minor’s constitutional rights not violated by section 5-125 of Juvenile Court Act, exempting ordinance-violation prosecutions from detention procedures set forth in Act

May
2003
Illinois Law Update
Page 226
On February 7, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the Circuit Court of Champaign County finding the defendant guilty of violating the conditions of his supervision and sentencing him to detention and conditional discharge.

Miranda, Fifth Amendment don’t apply in summary-suspension hearings

By Helen W. Gunnarsson
February
2003
LawPulse
Page 58
Three Illinois Appellate Court districts have ruled that summary-suspension hearings are civil proceedings to which Miranda and the privilege against self-incrimination do not apply.

MJP: it’s not just a large-firm issue

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
Do any of your clients winter in Florida? Do you do legal work with your laptop and cell phone while on vacation out of state? Find out what ISBA has done to promote clearer rules defining the dos and don'ts of multijurisdictional practice.

Monitors: Choosing a Window to Your Computer

By Todd Flaming
August
2003
Column
Page 411
You spend much of your day staring at a computer monitor. Here's a brief buyer's guide.

Mortgage Certificate of Relief Act amendments signed into law

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
Lenders often fail to send a certificate of release after a mortgage has been paid off. A new law addresses the problem.

Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.

Murphy’s Law: A judge says “no” to UPL

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
An Illinois-based federal district judge takes a bold stand against UPL, and the seventh circuit affirms.

Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court

By Robert P. Vogt
February
2003
Article
Page 72
Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.

Neglecting Mandatory Asbestos Reinspections Could Lead to Liability for Schools

By Craig T. Liljestrand
November
2003
Article
Page 571
A review of the Asbestos Hazard Emergency Response Act's mandatory reinspection requirements.

New amendments affect police interrogations (P.A. 93-0517)

October
2003
Illinois Law Update
Page 492
The Illinois Police Training Act has been amended to require training of police officers to conduct electronic interrogations.

New exemptions from Firearm Owners Identification Card Act ; P.A. 92-0839 (approved 8-22-02, effective immediately); P.A. 92-0854

May
2003
Illinois Law Update
Page 226
Recent legislation created additional classes of persons exempt from the requirement that a person who owns or possesses a firearm in Illinois must have a Firearm Owner's Identification Card.

New guidelines created governing home loans P.A. 92-0531

March
2003
Illinois Law Update
Page 116
Recent amendments to the Deposit of State Moneys Act (15 ILCS 520/7) now permit approved financial institutions to place the interest earned by deposited state moneys in a separate account.

New legislation creates Senior Citizens and Disabled Persons Prescription Drug Discount Program Act; P.A. 93-0018

August
2003
Illinois Law Update
Page 384
The recently enacted Senior Citizens and Disabled Persons Prescription Drug Discount Program Act creates a program that will enable eligible senior citizens and disabled persons to purchase prescription drugs at discounted prices.

New legislation criminalizes use of a dangerous place in connection with controlled substances offense (P.A. 93-0516)

October
2003
Illinois Law Update
Page 492
The Illinois Criminal Code has been amended to criminalize the use of a dangerous place for the commission of a substance or cannabis offense.

New payment programs for inpatient and outpatient services implemented

May
2003
Illinois Law Update
Page 226
On February 24, 2003, the Department of Public Aid (department) adopted amendments implementing several new payment programs affecting specified inpatient and outpatient services in title 89 of the Illinois Administrative Code.

New Post-9/11 Registration Procedure for Foreign Workers, Students, and Visitors

By Robert S. White
May
2003
Article
Page 253
Failure to meet the requirements of the new procedure could lead to deportation and other unpleasant consequences.

New Regulations in Place for Petroleum Equipment Contractors

December
2003
Illinois Law Update
Page 600
The Office of the State Fire Marshall has adopted new regulations implementing the Petroleum Equipment Contractors Licensing Act, 225 ILCS 729/1, et. seq

New SPAM laws take effect in 2004 P.A. 93-0199

September
2003
Illinois Law Update
Page 436
Under new legislation, an initiator of an unsolicited e-mail advertisement must establish either a toll-free telephone number or valid sender-operated.

New training requirements established for pharmacies P.A. 92-0880

April
2003
Illinois Law Update
Page 168
The Pharmacy Practice Act of 1987, 225 ILCS 85 et seq., was recently amended to include a new section 17.1 .

No statute of limitations on certain sex offenses P.A 92-0752

June
2003
Illinois Law Update
Page 280
In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.

Non-breaching party to a real estate contract may seek, in addition to specific performance, damages for delay in the performance of the contract, provided that the damages are reasonably foreseeable.

November
2003
Illinois Law Update
Page 550
On August 29, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County.

Noncustodial parent is entitled to actual notice of a petition to change child’s name

December
2003
Illinois Law Update
Page 600
On September 4, 2003, the Appellate Court of Illinois, Second District, vacated the order of the Circuit Court of DuPage County, granting the petitioner's petition to change her son's name. 

Nursing home litigation: no certificate of merit required

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.

Of QILDROs and QDROs

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
Too many lawyers fail to distinguish between these two orders, both of which govern the payment of pension benefits on divorce; but under very different circumstances.

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