Illinois Bar Journal


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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.