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Articles From 2006

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Electronic recording of vehicle speeds permitted only in construction zones. PA 094-0814

September
2006
Illinois Law Update
Page 464
In order to increase safety for construction and maintenance workers, Section 11-605.1 of the Illinois Vehicle Code (Code) was amended and section 11-612 was added. 625 ILCS 5/11-605.1 and 11-612. 

Electronic tax payments are timely if started prior to the due date

September
2006
Illinois Law Update
Page 464
Effective June 26, 2006, the Illinois Department of Revenue (Department) amended part 750 of title 86, 86 Ill Adm Code 750. 

Employee Stock Forfeiture Provisions : A Different Breed of Restrictive Covenant

By James V. Garvey and Frederic T. Knape
July
2006
Article
Page 376
The authors argue that forfeiture provisions should not be subjected to 
traditional restrictive covenant analysis.

Employees granted leave time to donate blood

September
2006
Illinois Law Update
Page 464
The Illinois Department of Public Health has added new sections to part 985 of title 77, 77 Ill Adm Code 985. 

Employer sues ex-employee under computer fraud law for deleting data - and wins

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
A company used civil provisions of the Computer Fraud and Abuse Act against a departing employee who irrevocably deleted business information from his laptop.

Employers’ liability for employees’ loose tongues

By Helen W. Gunnarsson
July
2006
LawPulse
Page 338
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential. 

Employers not responsible for employee fatigue

October
2006
Illinois Law Update
Page 526
On July 14, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of La Salle County, dismissing plaintiff Behrens' complaint against Harrah's for failure to state a claim. 

Employers’ Tort Liability for Employees’ Injuries: A Primer

By Jennifer E. Simms
November
2006
Article
Page 602
An overview of the interplay between the workers' comp and contribution statutes and the cases interpreting them.

EPA amended for pollution control PA 094-0725

April
2006
Illinois Law Update
Page 174
Effective June 1, 2006, the Environmental Protection Act (Act) (415 ILCS 5 et seq) was amended by revising sections 22.51 and 39, respectively, to set more precise standards in the field of excavation. 

Equitable apportionment proper where will is silent as to covering shortfalls

October
2006
Illinois Law Update
Page 526
On July 20, 2006, the Illinois Appellate Court, Third District, answered a certified question brought on interlocutory appeal and remanded the cause back to the Circuit Court of Rock Island County.

Equitable estoppel not inapplicable to private alterations of child support orders

July
2006
Illinois Law Update
Page 334
On April 19, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which found that it had no authority to determine whether equitable estoppel prevented a mother from collecting unpaid child support from the father. 

Estate Planning for Disabled Adults: The Legal Framework

By Thomas A. Pasquesi
May
2006
Article
Page 242
A look at the standards that guide guardians and courts charged with making decisions on behalf of incompetent wards.

Evidence of settling defendants’ culpability admissible for apportionment of fault

November
2006
Illinois Law Update
Page 584
On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.

Excessive engine braking noise prohibited in commercial vehicles : PA 094-0756

July
2006
Illinois Law Update
Page 334
The Illinois General Assembly has amended the Illinois Vehicle Code (Code) by adding section 602.1. 625 ILCS 5/12-602.1.

Expanding the Use of Medical Treatises in Illinois Trials

By Terrence J. Lavin and Michelle L. Wolf
August
2006
Article
Page 426
The authors argue that following the federal approach would produce a better-informed jury.

Expectations in an Envelope

By Karen Erger
February
2006
Column
Page 96
So why do lawyers use those self-serving engagement letters? Oh, the many reasons.

Fair Value Redux

By Lin Hanson
June
2006
Column
Page 318
Proposed legislation would clarify LLC minority shareholders' rights and remedies.

False personation of peace officer while carrying a weapon now a felony PA 094-0730

June
2006
Illinois Law Update
Page 284
Effective April 17, 2006, the Criminal Code of 1961, 720 ILCS 5/1-1 et seq, was amended to expand the statutory restriction on the unlawful use of weapons. 

Family Law and the New Bankruptcy Code

By John J. Johnston
March
2006
Article
Page 128
The new Code amendments have a major impact on family law - here are key provisions, issues, and strategies.

“Family or household member” classification in domestic battery proceedings may require extended cohabitation

March
2006
Illinois Law Update
Page 118
On December 22, 2005, the Illinois Appellate Court, Second District, modified a decision of the Circuit Court of DuPage County, which convicted the defendant of two counts of domestic battery. 

Federal Government Info on the Web

By Thomas Keefe
July
2006
Column
Page 382
Much of the primary federal law once available only for a fee is now free on the Web.

Federal regulations adopted regarding driver service hours

June
2006
Illinois Law Update
Page 284
92 Ill Adm Code 395 has been amended by the Illinois Department of Transportation, which has integrated the regulations that the Federal Motor Carrier Safety Administration began using via 70 FR 49978, as of August 25, 2005. 

Filing System Basics for Solo and Small-Firm Lawyers

By Carl R. Draper
February
2006
Article
Page 84
Is your filing system - paper and electronic - up to snuff?

Financial reports required for charity sale of motor vehicles or watercrafts PA 094-0749

August
2006
Illinois Law Update
Page 404
The Solicitation for Charity Act is amended by changing section 6, 225 ILCS 460/6, which requires specific information in the financial reports of fund raisers that collect or sell motor vehicles or watercrafts. 

Fraudulent concealment keeps legal malpractice defendants on the hook

By Helen W. Gunnarsson
November
2006
LawPulse
Page 578
A tortfeaser who fraudulently conceals a legal malpractice cause of action can be sued even after the statute of repose has run, the supreme court held last month. 

Free Online Research from Fastcase

By Irene F. Bahr
September
2006
Column
Page 456
This exciting benefit more than repays your dues investment.

The General Assembly rewrites eminent domain law

By Helen W. Gunnarsson
June
2006
LawPulse
Page 278
The bill, now on the governor's desk, specifies that property can be condemned only for a "qualified public use." 

General Not for Profit Corporation Act of 1986 has new signature rules

October
2006
Illinois Law Update
Page 526
The Illinois Secretary of State has added a new section to part 160 of title 14, 14 Ill Adm Code 160. 

The Geography of Class Litigation

By James E. Pfander
March
2006
Column
Page 148
The federal and state high courts have shown a sophisticated understanding of the territorial reach of regulatory power. 

Good Samaritan Act amended - PA 094-0825

October
2006
Illinois Law Update
Page 526
In an effort to encourage bystanders to provide aid to those in need, the Illinois General Assembly added section 67 to the Good Samaritan Act. 745 ILCS 49/67. 

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