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Articles From 2004

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Individuals may elect to reduce automobile insurance coverage P.A. 093-0762 September 2004 Illinois Law Update, Page 456 Effective immediately, any named insured person or applicant has the right to reject additional uninsured motorist coverage. 
Injuries sustained by the plaintiff, a passenger in a private vehicle that was struck by an intoxicated driver as it sped through a red light on its way to the hospital, were not proximately caused by the city’s refusal to send an ambulance August 2004 Illinois Law Update, Page 398 On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the City of Chicago.
Internet service providers now regulated by the Consumer Fraud and Deceptive Business Practices Act P.A. 093-1016 December 2004 Illinois Law Update, Page 620 Effective in 2005, Internet service providers will be regulated by the Illinois Consumer Fraud and Deceptive Business Practices Act. 
Is doubling the bankruptcy homestead exemption on the horizon? By Helen W. Gunnarsson June 2004 LawPulse, Page 286 Bigger homestead and personal property exemptions would benefit debtor-homeowners and encourage more debtors to opt for Chapter 7, not Chapter 13, relief.
Is It Time to Grow Your Staff? By Paul Sullivan April 2004 Column, Page 215 If you can't seem to catch up to your workload, it may be time to bring in help. Here are some of your options.
Is laches a defense to child-support claims? By Helen W. Gunnarsson July 2004 LawPulse, Page 334 Probably not, no matter how long the obligee waits to collect; and the same goes for equitable estoppel.
Is your firm registered with the supreme court? By Helen W. Gunnarsson February 2004 LawPulse, Page 62 News flash: many law firms, not just lawyers, must register, and those who don't could see their fee awards invalidated.
It’s Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois By Mark E. McNabola July 2004 Article, Page 344 The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.
Judicial Ping-Pong By James E. Pfander December 2004 Column, Page 652 A new law allows more discrimination claims against the state.
Juvenile Offenders to be Deinstitutionalized from Correctional Confinement Facilities to Community-Based Alternative Programs P.A. 93-0641 March 2004 Illinois Law Update, Page 124 Effective immediately, the state will encourage the use of pilot programs in communities to deinstitutionalize juvenile offenders by reallocating funds from juvenile correctional confinement to such alternatives through the "Redeploy Illinois" program. 
A kindercentric custody-law proposal By Helen W. Gunnarsson April 2004 LawPulse, Page 170 ISBA's Family Law Section Council has proposed a revolutionary revamp of Illinois's child custody law that puts the rights and interests of children first.
Language in marriage dissolution agreement must be given its plain meaning December 2004 Illinois Law Update, Page 620 On September 16, 2004, the Illinois Appellate Court, Third District, reversed in part, affirmed in part, and remanded for further proceedings the judgment of the Circuit Court of Mercer County. 
Larry the Lizard’s Near-Death Experience By Hon. Ron Spears November 2004 Column, Page 600 The search for justice yields a solution worthy of Solomon.
A lawful stop and nervous behavior are not enough to justify a frisk for weapons November 2004 Illinois Law Update, Page 568 On August 27, 2004, the Illinois Appellate Court, Second District, affirmed the Circuit Court of Kane County's decision granting the defendant's motion to quash arrest and suppress seized evidence.
Leaving You in Good Hands By Terrence J. Lavin June 2004 Column, Page 284 From a purely personal perspective, it is difficult indeed to try to summarize the highlights of my year as your ISBA President. 
Legal protection for mothers who breastfeed P.A. 093-0942 October 2004 Illinois Law Update, Page 514 A mother now has a private right of action if she is denied the right to breastfeed by the owner or manager of a public or private location, other than a private residence or place of worship.
Legislators consider the Gestational Surrogacy Act By Helen W. Gunnarsson June 2004 LawPulse, Page 286 What happens when a pregnant surrogate changes her mind? When the intended parents divorce during the pregnancy? HB 4962 would address those questions and others.
Lienholders Must Surrender Title Within 21 Days P.A. 93-0621 February 2004 Illinois Law Update, Page 70 The Illinois Vehicle Code was recently amended to require that persons holding a security interest in a vehicle, who are in possession of the certificate of title, must release the security interest within 21 days after receiving payment in satisfaction. 
Life after “Same Part of the Body”: An Update on Admissibility of Prior Injuries By Joseph G. Feehan March 2004 Article, Page 146 A review of recent case law governing admissibility of prior and subsequent medical conditions in injury cases.
Limited license for corporate counsel; a mixed blessing? By Helen W. Gunnarsson April 2004 LawPulse, Page 170 New Supreme Court Rule 716, which creates a limited license to practice for Illinois-based in-house counsel, is getting mixed reviews in corporate law departments.
LLC info now on the Web By Helen W. Gunnarsson June 2004 LawPulse, Page 286 Thanks to the Illinois Secretary of State's office, more information about LLCs is now available online.
Local governments cope with the verbatim-record requirement By Helen W. Gunnarsson March 2004 LawPulse, Page 118 What must public bodies do to comply with the new law? The answers are far from clear.
The Long, Hard Fight to Improve Public Image By Ole Bly Pace, III September 2004 Column, Page 448 In the recent ISBA economic poll, we asked survey recipients what the ISBA could do to improve the economics of the practice. 
Look Before You Leap: The Dangers of Directorship By Karen Erger April 2004 Column, Page 217 Many lawyers who are asked to serve on clients' boards of directors jump at the chance. But there's a dark side to this flattering proposal.
Making a Life and a Living in the Law By Ole Bly Pace, III July 2004 Column, Page 332 As my brief stewardship of this office begins, you may be wondering what the guy with the odd name will be doing, and why.
Malpractice Risks for Corporate and Business Lawyers By David R. Sinn October 2004 Article, Page 522 A review of tricky conflicts issues and other malpractice landmines for corporate lawyers.
Malpractice Wars Redux: The Same Old Song By Terrence J. Lavin April 2004 Column, Page 168 The temporary custodian of the office of ISBA president never exactly knows what issues and challenges will surface during his/her year at the helm. 
Massage therapists required to submit fingerprints to State Police P.A. 093-0908 October 2004 Illinois Law Update, Page 514 Effective immediately, each applicant for a massage therapist license will have his or her fingerprints electronically submitted to the Department of State Police. 
Mechanics Liens and Slander of Title: The Case for Absolute Privilege By Michael G. Cortina May 2004 Article, Page 267 The author argues that mechanics-lien filers are protected from slander of title claims by the privilege for statements made during litigation.
Mentoring Writers By Maureen B. Collins September 2004 Column, Page 491 It takes time to train fledgling lawyers to write well. But the time you invest now will pay dividends later.