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Articles From 2006

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2006 employer unemployment contribution rates released

March
2006
Illinois Law Update
Page 118
Effective January 1, 2006, the Department of Employment Security has issued new rates for employers making unemployment contributions.

2006 Spring Session Roundup

By Jim Covington
July
2006
Column
Page 348
New restrictions on eminent domain, another crack at grand-parents" visitation, and more.

7CA: immigration petitioners get “below the minimum standards of legal justice”

By Helen W. Gunnarsson
January
2006
LawPulse
Page 10
The court reverses the Board of Immigration Appeals "a staggering 40 percent" of the time. Here's a look at the problem and some pointers for representing an asylum-seeking client.

Adding conditions to plea agreement after it is negotiated may violate defendant’s due process rights

March
2006
Illinois Law Update
Page 118
On December 20, 2005, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, First District, and vacated the sentence imposed by the Circuit Court of Cook County on the defendant.

Admissibility of Damage Photos Without an Expert in Illinois

By Hon. William J. Haddad
November
2006
Article
Page 606
Admission of damage photos may no longer be automatic, this author opines.

Advertising legal services limited - Pa 09 -0659

January
2006
Illinois Law Update
Page 16
Effective January 1, 2006, the Illinois general Assembly amended the Attorney Act, 705 ILCS 205/1 et seq, by changing section 1. 

African-American HIV/AIDS Response Fund created PA 094-0797

August
2006
Illinois Law Update
Page 404
The Illinois General Assembly amended the African-American HIV/AIDS Response Act (Act) to create a special fund that shall provide grants for "programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act." 

Age lowered for tattoos and punishments increased -Pa 09 -06

January
2006
Illinois Law Update
Page 16
The Illinois generally Assembly amended section 12-10 of the Criminal Code of 1961, 720 ILCS 5/12-10 et seq, by lowering the minimum age in subsection (a) required for a person to get a tattoo in Illinois from age 21 to age 18. 

Alcoholic mist machines prohibited in Illinois : PA 094-0745

July
2006
Illinois Law Update
Page 334
Section 6-33 has been added to the Liquor Control Act of 1934 (Act), in order to prohibit the use or sale of "any alcohol without liquid machine" in the state of Illinois. 

Amendment to the residential burglary statute does not apply retroactively

January
2006
Illinois Law Update
Page 16
On october 20, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, reversing the defendant's burglary conviction. 

Another look at attorney approval clauses

By Helen W. Gunnarsson
October
2006
LawPulse
Page 518
Attorney-proposed changes to real estate contracts containing attorney-approval clauses should not be viewed as counteroffers that terminate the agreement, a law prof opines. 

Appellate court OKs race-based custody decision

By Helen W. Gunnarsson
October
2006
LawPulse
Page 518
Trial courts may use the race of parent and child as a factor in determining custody, the second district rules. 

Appellate malpractice plaintiffs must prove they would have won the appeal

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
In a suit alleging an attorney's failure to perfect an appeal, the client must prove that he or she would have won the appeal had it been properly perfected. 

Appointed Attorneys for Indigent Civil Litigants in Federal Court: the Illinois Experience

By John Rearden Jr.
July
2006
Article
Page 369
A look at how Illinois-based federal district courts appoint counsel for indigent civil litigants, including standby counsel for pro se claimants.

Arbitration Clauses: The Singular Approach in Cingular Wireless

By Jeffrey A. Parness
December
2006
Column
Page 678
The Illinois Supreme Court lays down the law on arbitration agreements.

Asked and Answered

December
2006
Column
Page 682
Must Homebuilders Give Buyers an Express Warranty?

Asked and Answered

November
2006
Column
Page 620
Calendaring for the budget-conscious small firm.

Asked and Answered

October
2006
Column
Page 559
A guide for representing condo buyers. 

Asked and Answered

September
2006
Column
Page 499
Can a client's unemployed ex reduce his child support obligation?

Asked and Answered

August
2006
Column
Page 431
Should You Sign Documents As Your Client's Agent?

Assignees of debt entitled to original interest

May
2006
Illinois Law Update
Page 230
On March 3, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Knox County, holding that the plaintiff, PRA III, LLC (PRA), was entitled to charge interest on the defendant's debt at the rate agreed upon when the defendant originally incurred the debt, even though PRA was not a party to the original agreement. 

Attorney title agents must disclose agency

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
In real estate transactions, be sure to apprise clients when you also serve as an agent to the title company. In fact, you might want to do so in writing at the outset. 

Attorney’s fees are not recoverable absent express statutory or contractual language

February
2006
Illinois Law Update
Page 68
On December 1, 2005, the Illinois Appellate Court, Fourth District, reversed the decision of the Circuit Court of Menard County, which held that a contract provision stipulating that the defendant management company would be responsible for "all collection costs" allowed recovery for attorney's fees.

Automated railroad crossing enforcement permitted. PA 094-0771

September
2006
Illinois Law Update
Page 464
In an effort to increase safety at railroad crossings, Section 11-1201.1 of the Illinois Vehicle Code was amended, and section 11-1201.5 was added. 625 ILCS 5/11-1201.1 and 1201.5.

Award of medical expenses is “compensation” under the Workers’ Compensation Act

March
2006
Illinois Law Update
Page 118
On December 21, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding that an award of medical expenses was "compensation" under the Workers' Compensation Act (Act) and that the claimant was, therefore, entitled to interest on his award of medical expenses.

Background checks for jurors?

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
A federal judge and some state's attorneys offer their varying viewpoints about how far to go to determine whether prospective jurors are coming clean. 

Bad Words

By H. Joseph Gitlin
April
2006
Column
Page 208
Why say "dissolution of marriage" when "divorce" says it more clearly?

Ban on secret compartments in vehicles unconstitutional

December
2006
Illinois Law Update
Page 650
On September 26, 2006, the Illinois Appellate Court, First District, reversed the appellant's conviction in the Circuit Court of Cook County for violating section 12-612 of the Illinois Vehicle Code. 625 ILCS 5/12-612. 

Bankruptcy practice after bankruptcy reform

By Helen W. Gunnarsson
January
2006
LawPulse
Page 10
Dire predictions notwithstanding, serious consumer bankruptcy practitioners appear still to be in business. Costs have gone up, though, and let the dabbler beware.

Bankruptcy’s fresh-start policy trumps foregone creditor claims

November
2006
Illinois Law Update
Page 584
On August 17, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, holding Jack Marszalek, owner of Consolidated Services and Construction, Inc (Consolidated), was not liable to S. R. McGuire Builder and General Contractor, Inc (McGuire) as a successor in interest because any claims McGuire may have had against Marszalek were discharged in bankruptcy.

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