Publications

Articles From 2003

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State’s burden of proof in best interests stage of termination of parental rights proceeding is preponderance of evidence

June
2003
Illinois Law Update
Page 280
On March 27, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County terminating the respondent's parental rights.

Statute of limitations expands under Local Governmental Tort Immunity Act P.A. 93-0011

August
2003
Illinois Law Update
Page 384
A recent amendment to the Local Governmental and Governmental Employees Tort Immunity Act allows for the commencement of an action for damages for injury or death against any local public entity or public employee.

“Stop and Frisk” in Illinois: Recent Supreme Court Terry-Doctrine Decisions

By Michelle M. Jochner
December
2003
Article
Page 616
A look at recent decisions that define when warantless stops are permissible under the Fourth Amendment.

The Structured Settlement Protection Act helps judges say “no”

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.

Superior rights doctrine properly applied in determination of custody and best interests of child under section 601 of IMDMA

April
2003
Illinois Law Update
Page 168
On January 22, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Winnebago County awarding custody of Alexander to his father.

Support group

By Helen W. Gunnarsson
April
2003
LawPulse
Page 162
Members of an ISBA electronic discussion group offer pointers about how to squeeze child support out of an unemployed and unwilling parent.

The Supreme Court Endorses the Right to Second Opinions for HMO Participants

By Travis J. Ketterman
February
2003
Article
Page 66
In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.

Sweeping regulation regarding sex offenders

October
2003
Illinois Law Update
Page 492
The Illinois Sex Offender Management Board recently adopted regulations pursuant to their duties under 20 ILCS 4026.

Synthetic Drug Manufacturing Conspiracy Defined P.A. 93-0596

November
2003
Illinois Law Update
Page 550
A person commits criminal synthetic drug manufacturing conspiracy when, with the intent that a controlled substance be manufactured or produced, the person aids in the manufacture or production of a synthetic controlled substance.

Tandem state-federal claim produces big results in employment case

By Helen W. Gunnarsson
April
2003
LawPulse
Page 162
An ISBA member combined a state common law intentional infliction of emotional distress claim with an FMLA claim to win a huge federal trial court judgment for his client.

Teen courts on the rise in Illinois

By Helen W. Gunnarsson
June
2003
LawPulse
Page 274
Courts staffed by teenagers are coming to a community near you.

Temporary registration plate program expanded

May
2003
Illinois Law Update
Page 226
On February 27, 2003, the Illinois Secretary of State's Office adopted amendments to its Temporary Registration Permit vehicle registration program in title 92 of the Illinois Administrative Code.

Ten Loss-Prevention Tips for Support Staff

By Karen Erger
April
2003
Column
Page 207
Treat your paralegals, administrative assistants, secretaries and other staff with the respect that a valued coworker deserves. And urge them to read and follow these 10 tips, designed especially for the folks on the front lines.

Ten Tips for Starting Your Research Right

By Mark E. Wojcik
July
2003
Column
Page 359
New lawyers and summer clerks, listen up: you're researching real cases now. Here are some pointers to help you with the critical first task of any research assignment; determining its scope and limits.

Termination dates for child support orders clarified ; P.A. 92-0876

May
2003
Illinois Law Update
Page 226
Recent amendments to the Illinois Public Aid Code, 305 ILCS 5/10-2, clarify the requirements for termination of child support. Section 10-2.

Time period for mandatory case reviews altered

January
2003
Illinois Law Update
Page 14
On November 8, 2002, the Department of Children and Family Services (department) re-evaluated its policies concerning mandatory case reviews for child custody cases in title 89 of the Illinois Administrative Code. 89 Ill Adm Code 316.

Time periods and termination dates for regulatory innovation projects amended

February
2003
Illinois Law Update
Page 62
On November 27, 2002, the Illinois Environmental Protection Agency (EPA) amended rules relating to the administration and termination of regulatory innovation projects in section 35 of the Illinois Administrative Code.

To Speak or Not to Speak?

By Maureen B. Collins
October
2003
Column
Page 525
Sometimes 'tis nobler in the mind to keep thy mouth shut...

Tobacco Product Manufacturers’ Escrow Enforcement Act implemented

July
2003
Illinois Law Update
Page 332
The Illinois Office of the Attorney General recently adopted new administrative regulations related to the enforcement of the Tobacco Product Manufacturers' Escrow Act, 30 ILCS 168, and Tobacco Product Manufacturers' Escrow Enforcement Act, 30 ILCS 169.

Total Return Trusts Give Trustees Flexibility in Ever-changing Markets

By Louis S. Harrison, Erica E. Lord, and Senator Kirk W. Dillard
May
2003
Article
Page 240
This new law permits trustees to invest prudently while serving the needs of both remainder and income beneficiaries.

Trial court erred in granting state guardian authority to place disabled adult in skilled-care nursing home prior to holding involuntary commitment hearing

March
2003
Illinois Law Update
Page 116
On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.

Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.

Trial court properly issued search warrant where, under totality of facts, affidavit would lead one of reasonable caution to believe defendant’s hair and blood samples would be relevant evidence of offense committed

May
2003
Illinois Law Update
Page 226
On February 5, 2003, the Appellate Court of Illinois, Fifth District, affirmed the order of the Circuit Court of Marion County convicting the defendant of home invasion and aggravated criminal sexual assault.

Trial court’s denial of wife’s request for a child’s representative to testify does not violate procedural due process.

October
2003
Illinois Law Update
Page 492
On July 9, 2003, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Du Page County granting the former husband's request for a change of custody and denying his request for termination of unallocated support.

Trial court’s error in allowing improper and untimely answers to a Rule 216 request held as cause for a new trial

October
2003
Illinois Law Update
Page 492
On June 30, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the Circuit Court of Cook County denying the defendant's motion to strike the plaintiffs' answers to requests for admissions submitted to them pursuant to Supreme Court Rule 216, 134 Ill.2d R. 216.

The trial court’s judgment that the plaintiff did not negligently contribute to the forgery of checks was not against the manifest weight of the evidence when the plaintiff took reasonable precautions; in a claim of breach of presentment of warranties, pr

October
2003
Illinois Law Update
Page 492
On June 25, 2003, the Appellate Court of Illinois, First District, affirmed the orders of the Circuit Court of Cook County entering judgment against MidAmerica Bank (MidAmerica) and in favor of Clean World Engineering, Ltd. (Clean World), and granting the third-party defendant's, TCF Bank Illinois (TCF),motion for summary judgment against MidAmerica.

Trial Practice Update for General Practitioners: Lessons from Recent Cases

By Patrick M. Kinnally
October
2003
Article
Page 508
A review of leading practice and procedure cases and the lessons they teach.

“UCITA” spells “anti-consumer”?

By Helen W. Gunnarsson
April
2003
LawPulse
Page 162
Adoption of the Uniform Computer Information Transactions Act would stack the deck in favor of software manufacturers and against the buying public, critics say.

Unconditional payment requirement of use tax claimants amended

April
2003
Illinois Law Update
Page 168
On January 15, 2003, the Department of Revenue (department) adopted new rules involving the unconditional repayment requirement of a claimant who files a claim for either credit or refund of the Use Tax in title 86 of the Illinois Administrative Code.

Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she “substantially prevails”

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.

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