Publications

Articles From 2006

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The New Eminent Domain Law: Protections for Landowners, Hurdles for Governments

By Joseph V. Healy
November
2006
Article
Page 596
A review of the legislature's response to Kelo, which takes effect January 1.

New Federal Rules Change Illinois Law on Environmental Due Diligence

By Charles J. Northrup
October
2006
Article
Page 550
Learn about federal rules, effective next month, governing the "all appropriate inquiry" necessary to establish the innocent landowner defense under CERCLA.

New grounds for driver’s license suspension

January
2006
Illinois Law Update
Page 16
Effective october 7, 2005, the Secretary of State added a new section to Part 1040 of

New guidelines for capitated agreements between HMOs and MCOs

June
2006
Illinois Law Update
Page 284
By amending Part 5421 to Title 50, the Department of Financial and Professional Regulation has added new requirements for capitated agreements between Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs). 

New guidelines for scholarship recipient information and post-secondary payment requests

September
2006
Illinois Law Update
Page 464
The Illinois Student Assistance Commission (Commission) has amended part 2761 of title 23, 23 Ill Adm Code 2761.

The New Illinois Standard for Admissibility of Expert Opinion Testimony

By Justin Lee Heather
February
2006
Article
Page 88
The court in Simons created a dual standard: de novo review of the Frye "general acceptance" test, more deferential treatment of the trial court's decision about relevance and experts' qualifications.

New naming guidelines issued for limited liability companies

February
2006
Illinois Law Update
Page 68
Part 178 of Title 14, known as the Limited Liability Company Act, has been amended by the Secretary of State in two pertinent parts, effective November 28, 2005.

New naming guidelines issued for limited partnerships and limited liability partnerships

February
2006
Illinois Law Update
Page 68
The Secretary of State has amended Part 171 of Title 14, 14 Ill Adm Code 171, also known as the Uniform Limited Partnership Act. 

New notice requirements for “unacceptable” mail in correctional facilities

November
2006
Illinois Law Update
Page 584
The Illinois Department of Corrections has amended part 525 of title 20, 20 Ill Adm Code 525. 

New Pension Protection Act a Boon to Giving

By David A. Berek
November
2006
Column
Page 628
A new law lets age-70-plus taxpayers give up to $100K from their IRAs to charity.

The New Pro Bono Reporting Requirement

By Helen W. Gunnarsson
September
2006
Article
Page 468
What is a client of "limited means" for reporting purposes? What kinds of services count as "pro bono"? Justice Kilbride and others talk about pro bono reporting.

New procedures for obtaining exemptions to sell mercury-containing products

April
2006
Illinois Law Update
Page 174
The Illinois Environmental Protection Agency (Agency) has added new sections to Part 182 of Title 35, 35 Ill Adm Code 182. 

New requirements for motor vehicle rentals PA 094-0717

March
2006
Illinois Law Update
Page 118
Effective December 19, 2005, the Illinois Vehicle Code (625 ILCS 5) was amended by modifying section 6-305(f) and adding sections 6-305(l) and (m), respectively. Accordingly, subsection (f) is limited by the language of subsection (l); subsection (f) now provides that "[s]ubject to subsection (l), any person who rents a motor vehicle to another shall only advertise.

New requirements for respondents and state agencies under the Human Rights Act

April
2006
Illinois Law Update
Page 174
Through changes to Subparts C and H of Part 2520 to Title 56, the Illinois Department of Human Rights (Department) has stipulated new requirements for respondents under the Human Rights Act (Act) as well as new record keeping requirements for executive state agencies under the Act. 

New rule for providers of health insurance

May
2006
Illinois Law Update
Page 230
Effective February 15, 2006, the Illinois Department of Financial and Professional Regulation has added new sections to Part 2025 of Title 50.  

New rule requires reasons, not conclusions, from judges who declare statutes unconstitutional

By Helen W. Gunnarsson
November
2006
LawPulse
Page 578
Under a new Illinois Supreme Court Rule, it's not enough for a circuit court to merely say that a statute is unconstitutional. It has to say why as well.

New rules expedite custody cases

By Helen W. Gunnarsson
April
2006
LawPulse
Page 166
On February 10, 2006, the Illinois Supreme Court issued new rules that will dramatically change procedures in child custody cases. The rules are contained in new Article IX of the Supreme Court Rules and are effective July 1, 2006.

New Rules Expedite Custody Proceedings

By Aldo E. Botti
July
2006
Article
Page 360
A special focus on the rules aimed at speeding up custody cases.

New rules for work-at-home solicitations - PA094-0999

December
2006
Illinois Law Update
Page 650
The Illinois General Assembly has added Section 2XX to the Consumer Fraud and Deceptive Business Practices Act (Act), adopting new rules to govern the solicitation of work-at-home employees. 815 ILCS 505/2XX. 

New rules on openness and evidence adoption in property tax hearings

November
2006
Illinois Law Update
Page 584
The Property Tax Appeals Board (Board) has amended sections 1910.67 and 1910.90 to 86 Ill Adm Code 1910 to reflect that although property tax appeal hearings are generally open to the public, the board or its officers can now close all or parts of hearings in order to protect private information from being disclosed.

New sales definitions for small retail and wholesale businesses

March
2006
Illinois Law Update
Page 118
The Department of Central Management Services has revised Part 1 of Subtitle A, Chapter I to Title 44. The new amendments, which expand sales limits for "small" vendors and wholesalers and allow for a greater number of small businesses to participate in the state's Small Business Set-Aside Program, went into effect December 22, 2005.

New sections added and amendments made regarding motions and appeals to the Property Tax Appeal Board

March
2006
Illinois Law Update
Page 118
The Illinois Property Tax Appeal Board has amended Part 1910 of Title 86, 86 Ill Adm Code 1910. The Board has added new sections and amended the Part with regard to motions, notice and consolidation of appeals. 

New statutory language targets elder self-neglect

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
Soon-to-be-effective changes to the Elder Abuse and Neglect Act will give authorities new power to intervene when elderly people can't take care of themselves.

New subpoena requirements for Whistleblower Reward and Protection Act - PA 094-0940

November
2006
Illinois Law Update
Page 584
Section 6 of the Whistleblower Reward and Protection Act is amended by adding paragraph 1.5 to subsection (a), which deals with subpoenas for documentary material. 740 ILCS 175/6. 

The New Supreme Court Rules Governing Child Custody Cases: A Summary and Review

By David N. Schaffer
July
2006
Article
Page 354
A review of the new 900 series of Illinois Supreme Court rules, which are designed to improve child custody proceedings and which are effective July 1.

New taskforce to improve quality and efficiency of patient care Pa 09 -06 6

January
2006
Illinois Law Update
Page 16
On August 22, 2005, the Electronic health records Taskforce Act was passed in an effort to improve the quality of patient care, maximize efficiency, advance safety measures, and decrease healthcare errors.

New visitation rights available to grandparents and siblings - PA 094-1026

October
2006
Illinois Law Update
Page 526
Due to the ever-changing definition of family, the Illinois General Assembly amended section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.

No breach of fiduciary duty in planning a new, competing business

December
2006
Illinois Law Update
Page 650
On September 27, 2006, the Illinois Appellate Court, First District, upheld the Circuit Court of Cook County's findings that the appellees, Hallman and McQueen, did not violate their fiduciary duties as former employees of Cooper Linse Hallman Capitol Management, Inc (Cooper).

No state-law claims of usury against a national bank

January
2006
Illinois Law Update
Page 16
On November 10, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County, granting summary judgment for defendant EquiCredit Corp of America.

No-Leasing Restrictions on Condominium Owners: The Legal Landscape

By Jordan I. Shifrin
February
2006
Article
Page 80
Here's a look at (mostly unsuccessful) challenges to these restrictions and some ways owners have tried to get around them.

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