Publications

Articles From 2006

Browse articles by year: 2018 (118) 2017 (330) 2016 (325) 2015 (331) 2014 (327) 2013 (307) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

State adopts Design-Build Procurement Act - PA 094-0716

February
2006
Illinois Law Update
Page 68
The Design-Build Procurement Act was adopted on December 13, 2005, and the guidelines presented in the Act shall be abided by if doing so would be cost-effective and suitable for the particular project at issue.

State agencies must post rules regarding ADA grievance procedures

April
2006
Illinois Law Update
Page 174
The Illinois Department of Public Health (Department) has added new sections to Part 1700 of Title 4, 4 Ill Adm Code 1700. 

State can’t dun surviving spouse’s estate for nursing home bill

By Helen W. Gunnarsson
August
2006
LawPulse
Page 398
The Illinois Supreme Court ruled that the state can't seek reimbursement for long-term care from a surviving spouse's estate, making the revocable living trust an even more attractive estate-planning tool. 

State Podiatric Disciplinary Funds may not be transferred to General Revenue Fund PA 094-0726

May
2006
Illinois Law Update
Page 230
Effective upon becoming law, section 8h, "Transfers to General Revenue Fund," of the State Finance Act, 30 ILCS 105/8h, is amended. Subsection (c) of section 8h now provides that section 8h does not apply to funds reserved in the "Illinois State Podiatric Disciplinary Fund."

State University Retirement System creates new rule regarding “earnings”

August
2006
Illinois Law Update
Page 404
Effective May 9, 2006, the Illinois State Universities Retirement System (SURS) has added a new section to 80 Ill Adm Code 1600. 

Strength Through Diversity

By Irene F. Bahr
July
2006
Column
Page 336
We must strive to promote diversity in our legal system and our association.

Strict compliance required under Transit Act

October
2006
Illinois Law Update
Page 526
On July 25, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, dismissing the plaintiff's complaint for failure to comply with the statutory notice requirements of section 41 of the Metropolitan Transit Authority Act (Transit Act). 70 ILCS 3605/41.

Strict compliance versus “substantial justice”

By Helen W. Gunnarsson
October
2006
LawPulse
Page 518
In deciding whether to give a party extra time to respond to a request to admit, can a court consider the other party's failure to comply with another rule? The first district says "yes." 

Substantive Amendments to Contracts: Don’t Breathe New Life into Unwanted Provisions

By Joan M. Kubalanza and Kevin J. Clancy
March
2006
Article
Page 146
An amendment to a 1906 real estate lease produced a huge unexpected rent increase. Don't let it happen to you.

Substitution of Judges: Proceed with Caution

By Helen W. Gunnarsson
November
2006
Article
Page 590
Lawyers and judges speculate about whether and when moving for substitution is really the right move.

Suing Defendants Who Later Declare Bankruptcy: Vacating a Dismissal for Want of Prosecution

By Anna-Katrina S. Christakis and Jeffrey D. Pilgrim
August
2006
Article
Page 432
When a plaintiff's action is dismissed for want of prosecution while the defendant's bankruptcy is pending and the automatic stay is in place, the plaintiff can seek to have the dismissal vacated.

Supreme court to rule on putative father registry

By Helen W. Gunnarsson
August
2006
LawPulse
Page 398
Some say the registry protects adoptive parents and children from belated, unwelcome interest by a biological dad. Others say it unfairly cuts a birth father out of his child's life. 
   

Supreme court to streetside restaurants: keep patrons out of harm’s way

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
In Marshall v Burger King, the Illinois Supreme Court ruled that public businesses abutting the street have a duty to protect invitees from dangerous drivers.

Tampering with fire safety system is a Class 4 felony PA 094-707

February
2006
Illinois Law Update
Page 68
Effective June 1, 2006, the Criminal Code of 1961, 720 ILCS 5/16-22 et seq, is amended by adding section 16-22, which makes "tampering with a security, fire, or life safety system" a Class 4 felony. 

Teachers allowed to elect Medicare coverage PA 094-724

April
2006
Illinois Law Update
Page 174
The Illinois General Assembly recently amended the Illinois Pension Code (Code) by adding section 17-130.3 (40 ILCS 5/17-130.3).

Throwing Stones at Cyclops

By Hon. Ron Spears
May
2006
Column
Page 260
Lawyers, who do battle with words, should strive to be warrior poets.

Title insurers not in “business of supplying information” when they issue title commitments, supremes say

By Helen W. Gunnarsson
March
2006
LawPulse
Page 110
Some lawyers say the ruling "defies reality," while title insurers contend that it is squarely in the mainstream. 

 

Trial court granted broad discretion in dissolution of marriage decisions

April
2006
Illinois Law Update
Page 174
On February 1, 2006, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of St. Clair County, dividing the marital estate of Mark and Peggy Hubbs and awarding child support. 

Trial Lawyers’ Top Opinions of 2005

By Hon. James P. Flannery Jr.
March
2006
Article
Page 122
From pre-trial notice requirements to spoliation of evidence, 2005 produced an array of Illinois cases of special interest to the trial bar.

A Two-Year Term for President?

By Robert K. Downs
March
2006
Column
Page 108
An update on what has happened and is happening during ISBA's FY '05-'06.

Unemployment Insurance Act revised PA 094-0723

May
2006
Illinois Law Update
Page 230
Effective January 1, 2006, sections 1400 and 1402 of the Unemployment Insurance Act (820 ILCS 405/100 et seq) were revised, and section 1400.2 was added to the Act. 

Unmarried couples: custodial parent can’t remove child without petitioning court

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
The Illinois Supreme Court says the same removal standard applies to parents who never married as to those who married and divorced. 

Using the Internet for Legal Research

By Thomas Keefe
January
2006
Column
Page 46
The net is best used as a compliment to, not replacement for, traditional sources of legal information.

The Vanishing Attorney/ Client Privilege

By Irene F. Bahr
October
2006
Column
Page 516
The ISBA must fight to protect this longstanding principle against federal encroachment.

Voluntary withholding for taxes from unemployment benefits

May
2006
Illinois Law Update
Page 230
Effective January 31, 2006, the Department of Employment Security has amended Part 2920 of Title 56. 

Voter Information and Judicial Retention Elections in Illinois

By Albert J. Klumpp Ph
October
2006
Article
Page 538
Are judicial retention elections impervious to information-based voting? An analysis of voting patterns suggests not.

What Search Engines Can - and Can’t - Do for You

By Thomas Keefe
March
2006
Column
Page 152
Internet search engines are important research tools, but take care to learn their limitations.

What to Do When There’s No “I Do”

By Helen W. Gunnarsson
June
2006
Article
Page 292
Experienced practitioners offer pointers about protecting unmarried clients' rights to custody and property in the face of a breakup or legal challenge.

What’s crude talk among Friends?

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
Sexually charged talk in the workplace doesn't always equal sexual harassment, the California Supreme Court says. 

What’s in a Name? For UCC Filings Under Revised Article 9, Everything

By Edward J. Underhill
June
2006
Article
Page 314
Secured creditors must be prepared to modify their searching and filing practices to assure that security interests remain enforceable.

Pages