Publications

Articles From 2008

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New procedures for selection of design-build firms for Capital Development Board Projects

January
2008
Illinois Law Update
Page 16
The Capital Development Board (CDB) has added a new part with sixteen new sections to Title 44, Government Contracts, Procurement and Property Management. 44 Ill Adm Code 1030.

The New RESPA Regulation

By James K. Weston
October
2008
Column
Page 532
The Federal Reserve finally issues a new RESPA rule.

New restrictions on the availability of confidential information to caregivers

July
2008
Illinois Law Update
Page 340
The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 

New rules allowing animals in hospitals for therapy programs

November
2008
Illinois Law Update
Page 554
The Department of Public Health made two amendments and added a new section to Part 250, which governs hospital licensing requirements. 77 Ill Adm Code 250.

New rules for licensed facilities that ship and possess radioactive material

July
2008
Illinois Law Update
Page 340
The Illinois Emergency Management Agency made several amendments and added two new sections to 32 Ill Adm Code 330, governing the tracking of radioactive material. 

New rules governing reporting requirements of private biodiesel producers

July
2008
Illinois Law Update
Page 340
The Department of Revenue amended 86 Ill Adm Code 500, in an effort to impose reporting and payment requirements on those who produce biodiesel fuel or biodiesel fuel blends for self-use. 86 Ill. Adm. Code 500. 

New Rules governing Tax Shelters, Listed Transactions, and Credits for Business Assets

April
2008
Illinois Law Update
Page 180
The Department of Revenue made several amendments and added two new sections governing tax shelters to the Income Tax part of Title 86 of the Illinois Administrative Code. 86 Ill Adm Code 100. 

New rules governing the Illinois Graduated Driver’s License Program

March
2008
Illinois Law Update
Page 124
The Secretary of State made a number of changes and added two new sections to Part 1040, Cancellation, Revocation or Suspension of Licenses or Permits. 92 Ill Adm Code 1040. 

New rules governing the monthly income ceiling for childcare eligibility

November
2008
Illinois Law Update
Page 554
The Department of Human Services (DHS) amended 89 Ill Adm Code 500, which deals with the general program provisions for childcare.

New rules prescribe public comment at Illinois Commerce Commission meetings

March
2008
Illinois Law Update
Page 124
The Illinois Commerce Commission has created a new part, "Public Information, Rulemaking and Organization." 2 Ill Adm Code 1700. 

No discovery deps allowed

By Helen W. Gunnarsson
August
2008
LawPulse
Page 384
A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.

No discretionary immunity for retaliatory discharge of employee

June
2008
Illinois Law Update
Page 284
On April 17, 2008, the Illinois Supreme Court reversed the circuit court's holding barring the plaintiff's retaliatory discharge claim against the Waukegan Park District due to the District's immunity under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), 745 ILCS 10/1-101 et seq.

No error in allowing evidence of past convictions

June
2008
Illinois Law Update
Page 284
On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court allowing the prosecution to present evidence of the defendant's prior convictions for aggravated battery and aggravated assault.

No in personam jurisdiction over Indiana clinic

March
2008
Illinois Law Update
Page 124
On December 28, 2007, the Illinois Appellate Court, First District, reversed the holding of the Circuit Court of Cook County denying the defendant's motion to dismiss for lack of in personam jurisdiction.

No ineffective assistance where motion to dismiss would have failed

June
2008
Illinois Law Update
Page 284
On April 3, 2008, the Illinois Appellate Court, Fourth District, affirmed the judgment of the circuit court rejecting an ineffective-assistance claim because a motion to dismiss one of the charges on the basis of a speedy-trial violation would not have been successful.

No psych-record access for “garden variety” employee emotional distress claims

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.

No referendum required for annexation under section 7-1-8 of the municipal Code

May
2008
Illinois Law Update
Page 236
On February 26, 2008, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Kendall County denying the plaintiff's complaint for a mandamus order.

No reimbursement to marital estate for contributions to mortgage on marital residence

January
2008
Illinois Law Update
Page 16
On October 29, 2007, the Illinois Appellate Court, Second District, affirmed an award of child support, vacated those portions of a judgment ordering reimbursement to the marital estate, and remanded the judgment for further proceedings in the Circuit Court of McHenry County.

No suppression of evidence obtained in violation of Illinois eavesdropping statute

April
2008
Illinois Law Update
Page 180
On February 7, 2008, the Illinois Supreme Court affirmed the order of the Circuit Court of Du Page County refusing to suppress evidence obtained in violation of the Illinois eavesdropping statute, 720 ILCS 5/14-2. 

No withdrawal allowed for a “blind plea”

January
2008
Illinois Law Update
Page 16
On October 26, 2007, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County sentencing the defendant to 22 years for pleading guilty to two counts of first degree murder.

No wrongful death action for abortion to protect mother’s health

By Helen W. Gunnarsson
June
2008
LawPulse
Page 278
If an injured mother aborts an uninjured fetus to protect her own health, she can't recover for the wrongful death of the unborn child, the Illinois Supreme Court rules.

Nursing Home Care Act amended. PA 095-0031

January
2008
Illinois Law Update
Page 16
The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.

Only actual damages are recoverable under Breach of Promise Act

November
2008
Illinois Law Update
Page 554
On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding that the defendant had committed legal malpractice.

The Open Meetings Act v. client confidentiality

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.    

Order-of-protection laws amended to prohibit access to health records. PA 095-0912

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly amended Section 602.1 of the Illinois Marriage and Dissolution of Marriage Act and Section 222 of the Illinois Domestic Violence Act to prohibit health care providers from releasing a child's health care records to any respondent listed in an order of protection. 750 ILCS 5/602.1, 750 ILCS 60/222.

Out-of-state psychologists allowed to practice in Illinois. PA 95-0451

June
2008
Illinois Law Update
Page 284
The Clinical Psychologist Licensing Act has been amended by adding Section 11.5. 225 ILCS 15/11.5. 

Oversight of towing companies increased

November
2008
Illinois Law Update
Page 554
The Illinois Commerce Commission added a new part to Title 92, Part 1715, relating to safety relocation towing. 92 Ill Adm Code 1715. 

The Perilous World of POA Agents

By Helen W. Gunnarsson
August
2008
Article
Page 398
They're responsible for tedious recordkeeping, and they risk raising the family's ire - even being sued. Who wants this thankless job?

The perils for employers of hiring private investigators

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
Employers who retain companies to investigate employee malingering or misconduct need to hire carefully and monitor appropriately.

Perinatal HIV Prevention Act amended. PA 095-0702

August
2008
Illinois Law Update
Page 390
The Illinois General Assembly amended sections 10 and 15 of the Perinatal HIV Prevention Act. 410 ILCS 335/10 & 15.

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