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Articles From 2008

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Counties Code amended. PA 095-0805

December
2008
Illinois Law Update
Page 612
The Counties Code has been amended by adding section 42000 dealing with county ownership of a wind farm. 55 ILCS 5/42000. This new section provides that a county may "own and operate a wind generation turbine farm [wind farm]." 

Court affirms sua sponte dismissal of will

August
2008
Illinois Law Update
Page 390
On May 19, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the Circuit Court of Champaign County which sua sponte dismissed an Illinois action, and vacated its earlier order admitting the will of Charles Ray Hoch to probate because of a similar case pending in Louisiana.

Court affirms that ex-wife entitled to her percentage share of disability benefits

August
2008
Illinois Law Update
Page 390
On May 28, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County denying petitioner's request for attorney fees and granting petitioner's rule to show cause and to enforce judgment.

Court determines that limitations period tolled during parties’ marriage

July
2008
Illinois Law Update
Page 340
On April 21, 2008, the Illinois Appellate Court, Second District, answered two certified questions relating to a premarital agreement in the negative and remanded the cause to the Circuit Court of Lake County for additional proceedings.

Court upholds $1 million penalty arising out of $12,000 support debt

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.

Court upholds, modifies risk-utility test for products liability

By Helen W. Gunnarsson
December
2008
LawPulse
Page 606
In a recent case, the Illinois Supreme Court upheld - but reformulated - the risk-utility test, while declining to abandon the consumer-expectation test.

Court upholds penalty against employer for not withholding income for child support

July
2008
Illinois Law Update
Page 340
On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.

Court upholds per se conflict doctrine

By Helen W. Gunnarsson
December
2008
LawPulse
Page 606
 A conflict exists whenever an attorney represents both a criminal defendant and the alleged victim, the Illinois Supreme Court rules.

Cover Me: Documentation Is More Than CYA

By Karen Erger
June
2008
Column
Page 316
Thoughtful domumentation promotes good communication and good decisions.

The Crawford Confrontation-Clause Bar: Governmental Involvement Is Key to “Testimonial” Hearsay

By Hon. Daniel B. Shanes
November
2008
Article
Page 574
The author argues that statements are rarely "testimonial" - and thus barred - if the government did not produce them.

Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 

Criminal Code of 1961 amended. PA 095-0849

October
2008
Illinois Law Update
Page 504
Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 

Custody conundrum

By Helen W. Gunnarsson
January
2008
LawPulse
Page 10
Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?

Denial of forum non conveniens constitutes error

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County denying the defendant's motion to dismiss based upon interstate forum non conveniens.

Departing Executives and the Wage Payment Act

By Richard L. Miller and John Haarlow Jr.
March
2008
Article
Page 138
The Illinois Wage Payment and Collection Act can be a powerful tool for departing executives who haven t been properly compensated.

Depositions of Gravely Ill Illinois Claimants

By Professor Jeffrey A. Parness
September
2008
Column
Page 476
 A majority in Berry found that while the trial court ruled correctly the system failed.

Diogenes and the Testimonial Whopper

By Hon. Ron Spears
February
2008
Column
Page 104
What can we do to improve the accuracy and honesty of witness testimony? Not enough.

District of Columbia v Heller: The Death Knell For Illinois Handgun Bans?

By Christopher Keleher
August
2008
Article
Page 402
The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.

Do We Still Need Grounds for Divorce?

By H. Joseph Gitlin
October
2008
Column
Page 534
They don't mean much in the age of no-fault divorce.

Dog Bites Man: Liability for Dog Attacks Under the Animal Control Act

By April Pruitt-Summers
August
2008
Article
Page 408
The Illinois Animal Control Act eliminates the "one bite" rule and makes other changes to the common law of dog attacks.

Don’t Be Afraid To Be Paid

By Helen W. Gunnarsson
November
2008
Article
Page 558
Learn how to create a bill-paying culture among your clientele.

Don’t Use an LLC for asset protection

By Lin Hanson
June
2008
Column
Page 314
Learn how creditors can get at an llC member's personal assets.

Driving on Sunday not reasonable suspicion to make traffic stop

May
2008
Illinois Law Update
Page 236
On March 4, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the circuit court quashing the arrest of the defendant and suppressing the evidence resulting from that arrest.

DUI changes effective June 1

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
Thanks to a law signed last year, a crazy quilt of DUI laws taking effect June 1 isn't so crazy. But ambiguities remain.

DUI Law: The BAIID Era Begins

By Helen W. Gunnarsson
December
2008
Article
Page 616
Goodbye JDP, hello "monitoring device driving permit." Here's a look at the sweeping new DUI law that takes effect January 1.

Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169

February
2008
Illinois Law Update
Page 72
The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 

Duty to disclose triggered by written interrogatories only

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, Fourth District, reversed the holding of the Circuit Court of Sangamon County and remanded for renewed discovery and trial proceedings. 

Easing restrictions on who may order medication and treatment

June
2008
Illinois Law Update
Page 284
Effective March 10, 2008, the Department of Public Health has made two changes to the "Hospital Licensing Requirements" section of its rules. 77 Ill Adm Code 250. 

Elder Abuse and Neglect Act amended. PA 095-0402

March
2008
Illinois Law Update
Page 124
The Illinois General Assembly has amended the Elder Abuse and Neglect Act to add provisions concerning abuse monitoring. 320 ILCS 20/15. 

Emergency petition lacking affidavit not invalid because it was verified by petitioner

February
2008
Illinois Law Update
Page 72
On December 5, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Cook County Circuit Court denying the respondent's Motion to Strike and Dismiss Petitioner's Emergency Motion to Restrict Visitation and for a finding of visitation abuse.

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