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Articles From 2006

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Goodbye to the affidavit of intent to appeal

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
Effective July 1, a supreme court rule change will remove a trap that's especially dangerous for the occasional appellate lawyer. 

Governmental taking of direct access rights not an extinguishment of rights

November
2006
Illinois Law Update
Page 584
On August 10, 2006, the Illinois Appellate Court, Third District, affirmed on alternate grounds the Circuit Court of McDonough County's denial of a motion by Lowderman, LLC (Lowderman) to consider damages resulting from an alleged extinguishment of access rights.

The Grandparent Visitation Statute Violates Parents’ Due Process Rights

By Morris Lane Harvey
December
2006
Article
Page 663
Is the new statute constitutionally infirm like its predecessor?

Grandparents, others can petition for guardianship of minors

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
But only if the parent is found unfit, the Illinois Supreme Court ruled in In re R.L.S.

Gridley v State Farm: a supreme-court slap at forum shopping?

By Helen W. Gunnarsson
January
2006
LawPulse
Page 10
Some defense lobbyists say "yes"; a leading plaintiffs' lawyer says it shows there's no forum-shopping problem in Illinois.

Guidelines for child support arrearage compromises created - PA 094-0971

November
2006
Illinois Law Update
Page 584
In order to allow the Department of Healthcare and Family Services (Department) to make compromise arrangements for assigned child support arrearages, the Illinois General Assembly has added section 10-17.12 to the Illinois Public Aid Code. 305 ILCS 5/10-17.12. 

Handling Employees’ Requests for Personal Attorneys During Internal Investigations

By Paul E. Starkman
May
2006
Article
Page 250
Most employers resist employees' efforts to "lawyer up" in response to a company investigation. Maybe they shouldn't.

Harsher new penalties under the Minimum Wage Act - PA 094-1025

November
2006
Illinois Law Update
Page 584
The Illinois General Assembly has amended section 12 of the Minimum Wage Act (Act) to create more severe penalties for employers who fail to meet the requirements of the Act. 820 ILCS 105/12. 

Health and safety rules repealed

June
2006
Illinois Law Update
Page 284
Effective March 13, 2006, the Illinois Department of Labor has repealed 56 Ill Adm Code 350. 

A higher bar for landlords in eviction cases

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
A new ruling from the first district makes it harder for landlords to use constructive service as a basis for evicting nonpaying tenants. 

Higher Exclusion Limit Presents New Opportunities for Gifts to Minors

By David A. Berek
February
2006
Column
Page 94
A new law raised the gift tax ceiling: are you taking advantage for your clients?

Horseracing rules updated to punish horses running off stride

July
2006
Illinois Law Update
Page 334
The Illinois Racing Board has amended part 1318 of title 11, 11 Ill Adm Code 1318, with regard to horse racing. Horses running off stride for longer than one-sixteenth of a mile will now be considered to be in violation of the amended rule.

How Illinois’ New Gay Rights Law Affects Employers and Workers

By Bryan P. Cavanaugh
April
2006
Article
Page 182
"Sexual orientation" is now a protected status in the Illinois workplace. Here's what that means for your clients.

How to Admit E-Mail and Web Pages into Evidence

By Theodore J. Koerth and Christopher E. Paetsch
December
2006
Article
Page 674
The emerging legal standards.

If Not Now, When?

By Robert K. Downs
January
2006
Column
Page 8
ISBA faces the challenge of implementing a bold new image advertising campaign and CLE on a grand scale. 

The Illinois Criminal and Vehicle Codes are amended to include motor fuel theft - PA 094-700

February
2006
Illinois Law Update
Page 68
Due to Illinois' strong public policy to protect its citizens from the economic effects of motor fuel theft, the Illinois General Assembly has added Article 16J to the Criminal Code of 1961, 720 ILCS 5/Art. 16J, et seq, in order to protect the people "in their health, safety and welfare from the effects of this crime." 

Illinois Department of Human Services

January
2006
Illinois Law Update
Page 16
The Department of Human Services amended Part 686 of Title 89, effective october 17, 2005. 

Illinois Military Relief Fund grants extended to single service members

March
2006
Illinois Law Update
Page 118
Reflecting a change in eligibility requirements for grants by the Department of Military Affairs from the Illinois Military Relief Fund, Part 200 of Title 95 has been amended.

An Illinois Not-For-Profit Directors’ Compliance Checklist

By William E. Westerbeke
September
2006
Article
Page 484
A carefully crafted compliance checklist can help board members stand up to today's careful scrutiny. 

The Illinois Pension Code expands those entitled to receive monthly and annual increases in annuities PA 094-0719

March
2006
Illinois Law Update
Page 118
Section 167.1 of the Illinois Pension Code, 40 ILCS 5/5-167.1, has been amended to expand the category of police officers who are subject to both the monthly and annual increases in their annuity to include those born after January 1, 1950, and before January 1, 1955. 

Illinois Personnel Code updated to include additional positions

July
2006
Illinois Law Update
Page 334
The Illinois Department of Central Management Services added a new section to part 305 of title 80, 80 Ill Adm Code 305. 

The Illinois Post-Conviction Hearing Act Revisited

By Kerry J. Bryson
June
2006
Article
Page 310
A review of recent statutory amendments to and supreme court decisions interpreting the Act.

Illinois Security Deposit Interest Act to use commonsense definition of “lessor”

February
2006
Illinois Law Update
Page 68
On November 29, 2005, the Illinois Appellate Court, First District, reversed the decision of the Circuit Court of Cook County, which held that the defendant property management company.

Illinois seeks efficiency in the event of a disaster PA 094-0733

July
2006
Illinois Law Update
Page 334
Perhaps due to problems with the Federal Emergency Management Agency after Hurricane Katrina, the Illinois General Assembly amended Section 2105-400 of "The Department of Professional Regulation Law of the Civil Administrative Code of Illinois." 20 ILCS 2105/2105-400. First, subsection 

Illinois skills match program posts job vacancies online : PA 094-0786

July
2006
Illinois Law Update
Page 334
In order to make securing employment easier for its citizens, the Department of Employment Security Law of the Civil Administrative Code of Illinois has added the Illinois Skills Match Program under section 1005-47 of 20 ILCS 1005.

The Illinois Supreme Court and the “Fair Report” Privilege: A Free-Press Victory

By Michael M. Conway, Mona G. Thakkar, and Katherine Licup
August
2006
Article
Page 414
Reporters who accurately report accusations made as part of a government proceeding are protected from defamation suits.

Illinois supremes: legal malpractice plaintiffs can’t recover lost punitives

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
Successful legal malpractice plaintiffs may not recover punitive damages they would have once but for the defendant lawyers' malpractice, the high court ruled earlier this summer.

Illinois: An International Magnet for Surrogacy?

By H. Joseph Gitlin
January
2006
Column
Page 48
By removing the cloud over surrogacy in Illinois, the Gestational Surrogracy Act promises to make the procedure more popular with would-be parents.

The Impact of an Employer’s Bankruptcy on Employees

By Travis J. Ketterman
June
2006
Article
Page 304
This article looks at how workers can protect their rights when their employer enters bankruptcy.

Impaired Lawyers: Helping Before the Bell Tolls

By Hon. Ron Spears
November
2006
Column
Page 626
Don't take advantage of impaired judges and adversaries; help them

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