Publications

Articles From 2004

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Overruling Knapp, a “motion for clarification” does not stay the 30-day appeal period

October
2004
Illinois Law Update
Page 514
On July 12, 2004, the Illinois Fourth District Appellate Court dismissed the plaintiff's appeal.

Parent may not claim loss of consortium damages for a child’s nonfatal injuries

April
2004
Illinois Law Update
Page 176
On January 23, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' dismissal of Count III of the plaintiffs' complaint. 

Park Districts Are Granted More Taxing Power P.A. 093-0625

August
2004
Illinois Law Update
Page 398
Effective immediately, if a park district lies wholly within one county, the park district board of that district is authorized to increase property taxes for corporate purposes for any one year

Pilot Associate Member Program for Councils, Committees

By Ole Bly Pace III
August
2004
Column
Page 388
I've been known to (repeatedly) say that we are part of a noble profession.

A plea agreement cannot be rejected for lack of timeliness unless the defendant has been given advance notice of a deadline

November
2004
Illinois Law Update
Page 568
On August 11, 2004, the Illinois Appellate Court, Fourth District, reversed the Circuit Court of Champaign County's conviction and sentence and remanded the case for further proceedings.

Posner to hoteliers: don’t let the bedbugs bite

By Helen W. Gunnarsson
January
2004
LawPulse
Page 10
A leading conservative jurist makes a statement about punitive damages and pest control.

Possession of FOID card and latex gloves not enough to raise reasonable suspicion

December
2004
Illinois Law Update
Page 620
On October 12, 2004, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Kane County, granting the defendant's motion to suppress evidence seized from his vehicle after he was stopped by a police officer for three traffic violations.

Post-Conviction Petitions Limited Unless Certain Extenuating Circumstances Can be Shown P.A. 093-0493

February
2004
Illinois Law Update
Page 70
Effective the first of the year, an inmate cannot file more than one post-conviction petition in the trial court, under 725 ILCS 5/122-1, without leave of court.

Posthumous pet protection provisions

By Helen W. Gunnarsson
August
2004
LawPulse
Page 390
A new statute validates trusts for the benefit of pets, but what provisions should pet trusts include? Here are suggestions.

Potluck events excluded from regulation by health authorities P.A. 093-1039

December
2004
Illinois Law Update
Page 620
Effective June 1, 2005, no health authority will have regulatory power over potluck food events.

A Practical Guide to Seeking – and Avoiding – Rule 137 Sanctions

By Aldo E. Botti and Carla Labunski
August
2004
Article
Page 408
Your opponent has filed a pleading that you think is frivolous. Is it worth fighting? Read and find out.

Preaching to the Choir on the Town Hall Trail

By Terrence J. Lavin
May
2004
Column
Page 234
As your ISBA president, I have been traveling the state speaking to lawyers about the pleasures and the pitfalls of practicing law in Illinois.

Prepaid calling services now subject to regulation under Public Utilities Act P.A. 093-1002

November
2004
Illinois Law Update
Page 568
Effective January 1, 2005, prepaid calling service providers must be certified by the state in order to protect against fraud. 

Preserving nursing home residents’ assets is harder than ever

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
As a recent third district case shows, it's nigh impossible to create a trust that enables nursing home residents who still have assets to qualify for Medicaid and thereby preserve an estate for the next generation.

Probation in combination with imprisonment deemed acceptable punishment for offenders admitted into a drug court program P.A. 093-1014

December
2004
Illinois Law Update
Page 620
In an effort to advance both the rehabilitation of criminal offenders and public protection, the Illinois Unified Code of Corrections (IUCC) has been amended to assert that a term of imprisonment in combination.

Procedures clarified for sample testing of electric meters

October
2004
Illinois Law Update
Page 514
The Illinois Commerce Commission recently adopted amendments to 83 Ill Adm Code 410.180 and 460.410, effective August 1, 2004. 

Procedures Outlined for Criminal Justice Board

June
2004
Illinois Law Update
Page 292
On March 12, 2004, the Illinois Criminal Justice Information Authority implemented new regulations at 2 Ill. Adm. Code 1760 to outline procedures for the Illinois Integrated Justice Information System Implementation Board.

Procrastination: Raising the Stakes

By Karen Erger
October
2004
Column
Page 544
Ten tips to tame your inner procrastinator.

Professional Service Corporation licensing is not intended to protect the public health and welfare

October
2004
Illinois Law Update
Page 514
On July 8, 2004, the Illinois Second District Appellate Court answered two questions, certified for interlocutory appeal by the Circuit Court of McHenry County, in the negative.

Proper Review of Improper-Venue Rulings

By Anthony J. Longo
December
2004
Article
Page 638
When should reviewing courts defer to trial court rulings on transfer-of-venue motions? This author offers his analysis.

Proposed New Rules of Professional Conduct for Illinois Lawyers

By Robert A. Creamer and Thomas P. Luning
June
2004
Article
Page 306
A joint ISBA/CBA committee's recommendations for selected new rules of professional conduct.

Pursuant to §2-616 of the Code of Civil Procedure, relation back exists for any cause of action arising from the same transaction or occurrence.

January
2004
Illinois Law Update
Page 16
On October 2, 2003, the Illinois Supreme Court affirmed that portion of the appellate court's opinion that reversed the dismissal of certain paragraphs of the plaintiff's amended complaint.

Rail Carriers Must Foot Bill for Sign Installation P.A. 93-0604

February
2004
Illinois Law Update
Page 70
Effective immediately, when the Illinois Commerce Commission orders the installation of luminous flashing signal or crossing gate devices at a particular grade crossing.

Real Estate Transfer Tax Regulations Amended to Prohibit Effective Double-Taxing of Real Estate Entities P.A. 93-0657

May
2004
Illinois Law Update
Page 242
Effective June 1st, limits are imposed to stop effectively double-taxing some real estate entities.

A reasonable contract provision that acts as a restraint on trade will not be held void as against public policy

May
2004
Illinois Law Update
Page 242
On February 20, 2004, the Illinois Supreme Court affirmed the trial and appellate courts' holding that a restriction in a contract between a company in the business of leasing truck drivers and its customer was not invalid as against public policy.

Record of Foreign Birth May be Created for Visa Holders P.A. 93-0645

March
2004
Illinois Law Update
Page 124
Effective immediately, the State Registrar of Vital Records may make and file a Record of Foreign Birth for a person born in a foreign country who has been granted an IR-3 visa by the U.S. Immigration and Naturalization Service.

Recovering Attorney Fees From the Opposing Party in Illinois Divorce Cases

By Alison G. Turoff
September
2004
Article
Page 462
A guide through the steps required under IMDMA to recover fees from the other side.

Recovering Damages for Wrongfully Issued Injunctions in Illinois

By John J. D’Attomo
January
2004
Article
Page 34
The court issue a TRO against your client without notice and based on a frivolous theory. What can you do?

Regulations in Place to Implement Restricted Call Registry

June
2004
Illinois Law Update
Page 292
The Illinois Commerce Commission (ICC) has adopted regulations to implement the provisions of the Restricted Call Registry Act.

Reining in Outside Influence on Judicial Campaigns

By Ole Bly Pace
October
2004
Column
Page 506
 ISBA monitors the tone and conduct of judicial campaigns.

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