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Articles From 2006

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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.