Publications

Articles From 2006

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Living-trust scams: all too alive and well in Illinois

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
Meanwhile, a recent Indiana Supreme Court opinion unambiguously declares that drafting a testamentary trust is the practice of law.

Loss of custody and visitation rights for sex offenders -PA 094-0928

November
2006
Illinois Law Update
Page 584
The Illinois General Assembly has created a new section to the Illinois Parentage Act in an effort to protect families who have been victims of sexual crimes. 750 ILCS 45/6.5. 

Maintenance: be careful what you ask - and don’t ask - for

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
In two separate cases, the fourth district upheld maintenance awards 1) even after one recipient's remarriage and 2) despite another's request that the court "deny maintenance to the Petitioner and Respondent."

Making an Electronic Record: Good Reviews for Digital Recording

By Helen W. Gunnarsson
February
2006
Article
Page 72
Several courthouses, notably DuPage County's, have implemented digital recording of courtroom proceedings. Is stenography a thing of the past?

Making the Most of Settlement Conferences

By Helen W. Gunnarsson
April
2006
Article
Page 178
Judges and lawyers discuss how to avoid costly mistakes and best promote your clients' interests in judge-conducted settlement conferences.

Mandatory arbitration agreements are binding on employees

June
2006
Illinois Law Update
Page 284
On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.

Marital dissolution apportionment does not have to be equal

January
2006
Illinois Law Update
Page 16
On November 9, 2005, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Sangamon County, dividing the marital estate of Jason and Stephanie Thornley in favor of Stephanie and providing for maintenance payments to Stephanie. 

MCLE for judges

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
Judges, too, are on the hook for mandatory CLE, the Illinois Supreme Court announced last month. 

The Medical School Matriculant Criminal History Records Check Act is amended PA 094-0709

February
2006
Illinois Law Update
Page 68
In order to better provide medical schools with information regarding matriculants, the Department of State Police Law of the Civil Administrative Code of Illinois, 20 ILCS 2605/2605, is amended by adding section 2605-327. 

Medical specialists now eligible to issue handicapped placards

April
2006
Illinois Law Update
Page 174
Effective January 6, 2006, the Secretary of State has broadened the class of persons eligible to issue handicapped placards to include "competent medical specialists." 

Member to Member

October
2006
Article
Page 542

Mental disorder defined regarding acts of sexual violence PA 094-705

March
2006
Illinois Law Update
Page 118
Effective June 1, 2006, the Illinois General Assembly has added section 4.03 to the Sexually Dangerous Persons Act, 750 ILCS 205/4.03, in order to recognize those with mental disorders.

Mercury-Free Vaccine act passed - Pa 09 -061

January
2006
Illinois Law Update
Page 16
Effective January 1, 2006, the Mercury-Free Vaccine Act imposes a more stringent standard of administration for all mercury-containing vaccines.

Methamphetamine Manufacturer Registry Act created -PA 094-0831

October
2006
Illinois Law Update
Page 526
Due to the widespread problem of meth-amphetamine use in Illinois, the Illinois General Assembly created the Methamphetamine Manufacturer Registry Act (Act). 

Minimum levels of financial responsibility for Illinois drivers altered

February
2006
Illinois Law Update
Page 68
The Illinois Department of Transportation has added new sections to Part 387 of Title 92, 92 Ill Adm Code 387, that will be effective as of November 10, 2005. 

Mission Accomplished (No, Really)

By Robert K. Downs
June
2006
Column
Page 276
A look at the year just ending and the challenges ahead.

The Misuse of Mediation in Joint Parenting Agreements

By Alison G. Turoff
October
2006
Article
Page 546
What happens when parties empower the mediator not only to help resolve disputes, but also to investigate and punish breaches of the agreement?

Mono-Mania: The Case Against “Multitasking”

By Karen Erger
April
2006
Column
Page 206
Doing too many things at once makes Jack or Jill a dimwitted lawyer.

Motion for severance to consider victim in sexual assault cases Pa 09 -066

January
2006
Illinois Law Update
Page 16
In order to consider the emotional implications of sexual abuse victims testifying at multiple trials, section 114-8(b) of the Criminal Code of 1963, 725 ILCA 5/114-8, is amended. 

A motion to transfer venue will be reviewed de novo

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, and the decision of the Circuit Court of Cook County, denying the defendant's motion to transfer venue. 

Municipal Sign Ordinances: Three Common Constitutional Flaws and Their Solutions

By Kara N. Lundy
September
2006
Article
Page 490
Here's how counsel for municipalities can cure three common sign-ordinance infirmities.

Must employers try to stop employees’ “unauthorized activity”?

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
Yes, a New Jersey court says, at least if the activity is accessing child porn on company computers and the employer is on notice about it. 

Must trial judges grant special favors to pro se litigants?

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
Judges often cut pro se litigants a lot of slack. 

Need for support not a factor in terminating maintenance due to de facto marriage

December
2006
Illinois Law Update
Page 650
On October 6, 2006, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lee County, granting petitioner James 

Negative inference applicable only to “tip the scales”

August
2006
Illinois Law Update
Page 404
On June 6, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which had ordered the issuance of a two-year plenary order of protection based upon testimony by respondent's ex-wife stating their daughter returned with a large welt on her leg after spending 11 hours with the respondent.

New amended claims must relate back by identity of transactions

September
2006
Illinois Law Update
Page 464
On June 2, 2006, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, dismissing one of the counts of plaintiff's amended complaint because it was barred by the statute of limitations. 

New amended rules for watercraft inspections and rentals

November
2006
Illinois Law Update
Page 584
Effective August 24, 2006, the Illinois Department of Natural Resources has amended two subsections of part 2080 of title 17, 17 Ill Adm Code 2080.

New Amendments to the Illinois Grandparent Visitation Statute

By Michael K. Goldberg
December
2006
Article
Page 660
Effective January 1, grandparents can petition for visitation during a divorce and after some types of adoptions.

New assessment structure for qualified SECA charitable organizations

March
2006
Illinois Law Update
Page 118
Effective December 7, 2005, the Illinois Department of Central Management Services amended Part 2650 of Title 80, 80 Ill Adm Code 2650. 

New continuing education requirements for massage therapists

September
2006
Illinois Law Update
Page 464
Effective June 29, 2006, the Illinois Department of Financial and Professional Regulation (Department) has amended part 1284 of title 68, 68 Ill Adm Code 1284. 

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