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Articles From 2006

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Nurse with license pending may be qualified under Veterans Act PA 094-703

March
2006
Illinois Law Update
Page 118
In order to accommodate the number of veterans who require nursing care at their homes, section 2.07 of the Department of Veterans Affairs Act, 20 ILCS 2805/2.07.

An omission in an indictment is harmless error unless the defendant can prove prejudice

February
2006
Illinois Law Update
Page 68
On December 15, 2005, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, First District, affirming the defendant's ten-year prison term for involuntary manslaughter of a family or household member. 

Only the state supreme court has authority to decide between competing interests behind the court’s rules

February
2006
Illinois Law Update
Page 68
On December 1, 2005, the Illinois Supreme Court reinstated the defendant's appeal for post-conviction relief and remanded his case to the Illinois Appellate Court, First District. 

Otherwise invalid disclaimer may be made valid by parties’ “course of dealing”

December
2006
Illinois Law Update
Page 650
On October 6, 2006, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Will County, held that implied warranties had been disclaimed throughout the course of dealings between a window manufacturer and one of its parts suppliers, and granted the defendant parts supplier's motion to dismiss. 

Partially consumed bottles of wine permitted to leave restaurants - PA094-0630

December
2006
Illinois Law Update
Page 650
Recently, the Illinois General Assembly added section 6-33 to the Liquor Control Act of 1934 (Act) to allow restaurant patrons to take an unfinished bottle of wine home with them if certain requirements are met.

Personal Information Protection Act amended to help prevent identify theft- PA 094-0947

December
2006
Illinois Law Update
Page 650
With increasing concern over identity theft, the Illinois General Assembly amended the Personal Information Protection Act (Act), covering any data collector that owns or licenses personal information concerning an Illinois resident.

Playing the Rule 68 card

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 

The Playmate and the Probate Exception

By James E. Pfander
June
2006
Column
Page 320
The probate exception lay dormant for decades, but Anna Nicole Smith's case revived it.

POA amendments help protect incapacitated principals

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
The new law empowers the Department of Aging and its provider agencies to go to court to require agents to produce their records, which will help authorities identify and stop abuse.

POA perils

By Helen W. Gunnarsson
August
2006
LawPulse
Page 398
The supreme court's opinion in In re Winthrop is valuable reading for attorneys who sometimes find themselves preparing a power of attorney for Party A at the behest of Party B. 

Police and firefighters’ duties must be kept separate -PA 094-720

March
2006
Illinois Law Update
Page 118
The Illinois Municipal Code was amended by adding section 10-3-3.1, 65 ILCS 5/10-3-3.1, in order to make distinct the duties of police officers and firefighters.

Police departments typically not “victims” under restitution statute

July
2006
Illinois Law Update
Page 334
On April 6, 2006, the Illinois Appellate Court, Second District, affirmed in part and vacated in part the decision of the Circuit Court of DuPage County to order defendant Danenberger to pay restitution to the Naperville Police Department (Department) as a condition of her probation for filing a false police report. 

Political committee raffle requirements changed

February
2006
Illinois Law Update
Page 68
Effective November 7, 2005, the State Board of Elections has amended Part 210 of Title 26, 26 Ill Adm Code 210, which guides raffles run by political committees.

Politics and the Bar

By Robert K. Downs
April
2006
Column
Page 164
When it comes to promoting the rule of law, lawyers should be political animals.

Pollution Control Board adds five new permit exemptions

June
2006
Illinois Law Update
Page 284
Effective March 3, 2006, five new permit exemptions are available from the Pollution Control Board. The exemptions are found in Part 201 of Title 35, in new subsections hhh through lll of section 201.146.

Practical Lessons from the First Circuit Mediation Program

By Suzanne J. Schmitz
January
2006
Article
Page 30
Mediation of civil cases is also succeeding in the state's southern- most counties. find out why and how.

The Predatory Lending Database Has Arrived

By James K. Weston
October
2006
Column
Page 560
Illinois' anti-mortgage-fraud program debuted September 1. Will it fulfill its intended purpose?

Predatory Lending Database Pilot Program

By James K. Weston
January
2006
Column
Page 44
A well-intentional law armed at predatory lending puts title companies and lawyers at risk, the author argues

Predatory Lending, Notary Fraud

By James K. Weston
April
2006
Column
Page 204
Illinois' predatory lending law gets off to a slow start, and notary fraud arrives on legislators' radar screens.

Preparing for a Rainy Day

By Karen Erger
October
2006
Column
Page 562
Tips for creating your firm's emergency plan.

A Primer on the General Assembly’s Web Site

By Thomas Keefe
September
2006
Column
Page 504
It's now an excellent starting point for research.

Probate Act section should be read independently of IMDMA

April
2006
Illinois Law Update
Page 174
On February 2, 2006, the Illinois Supreme Court affirmed the decision of the Illinois Appellate Court, Third District, reversing and remanding the Circuit Court of LaSalle County's dismissal of a petition for guardianship of a child. 

Procedure for filling vacancies on the Board of Trustees of the Teachers’ Retirement System amended PA 094-710

March
2006
Illinois Law Update
Page 118
With regard to vacancies on the Board of Trustees of the Illinois Teachers' Retirement System, section 16-165 of the Illinois Pension Code, 40 ILCS 5/16-165, was amended.

Procedures clarified regarding wagers on moved horse races

June
2006
Illinois Law Update
Page 284
The Illinois Racing Board has amended 11 Ill Adm Code 308.40.

Procedures for appealing to PTAB adjusted

May
2006
Illinois Law Update
Page 230
In order to clarify existing procedures and add a new deadline extension for submitting rebuttal evidence, the Property Tax Appeal Board has amended and added to Part 1910 of Title 86, 86 Ill Adm Code 1910, effective February 15, 2006.

Procedures for appeals before the Property Tax Appeal Board amended

April
2006
Illinois Law Update
Page 174
Effective January 20, 2006, Part 1910 of Title 86, 86 Ill Adm Code 1910, was amended and new sections were added regarding property tax appeals.

Public Employee Disability Act calls for disbursement of benefits beyond one calendar year

August
2006
Illinois Law Update
Page 404
On June 2, 2006, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of McLean County, construing the time limitation under the Public Employee Disability Act (Act), 5 ILCS 345/1 et seq, to apply to the time the employee is unable to perform, notwithstanding the calendar period of time that has passed since a duty-related injury.

Quitclaim deeds require notification to previous owner. PA 094-0823

September
2006
Illinois Law Update
Page 464
The Illinois General Assembly recently added Section 3-5046 to the Counties Code in order to provide better notice to previous owners that a quitclaim deed has been filed. 

Railroad operator liable for injury to frequent trespasser

May
2006
Illinois Law Update
Page 230
On March 10, 2006, the Illinois Appellate Court, First District, answered two certified questions posed by the Circuit Court of Cook County, regarding the liability of a railroad company to a trespasser. 

Rate increases provided for developmental care facilities and agencies

August
2006
Illinois Law Update
Page 404
The Illinois Department of Health and Family Services has amended 89 Ill Adm Code 153. The amendment grants rate increases of three percent to "intermediate care facilities for persons with developmental disabilities" (ICF/MRs) and to agencies for developmental training. 

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