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2005 Articles

Over the river and through the woods-again: How will courts interpret the new Grandparent Visitation Act? By Michael K. Goldberg January 2005 After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren.
Power to the people-ISBA form exchange By Timothy E. Duggan May 2005 A previous Chairman's Corner recommended the ISBA discussion group forums for their usefulness as a research tool.
Practice alert: Supreme Court discusses admissibility of medical bills in P.I. cases By Patrick J. Hitpas December 2005 The Illinois Supreme Court has answered a question regarding the admissibility of medical bills for medical services provided to a plaintiff in a personal injury case.
Practice tip: Request for admission of fact: A valuable but underused tool By Patrick J. Hitpas August 2005 How often do you utilize Supreme Court Rule 216 to request an admission of fact? You are probably not filing requests pursuant to Supreme Court Rule 216 as often as the rule permits.
Practice trap: Lawyer’s comments on pending cases By Matt Maloney & Timothy E. Duggan May 2005 Contemporary broadcast and print media have a profound effect on the judicial process. People know more now about what's going on everywhere in the world than they ever knew before.
Red flags By Bernard Wysocki April 2005 The author describes nine 'red flag' clients-- if you see one coming, run for the hills.
Review of the CM/ECF system—E-filing is mandatory for attorneys after September 30, 2005 By Patricia M. Fallon November 2005 All practitioners must file electronically before the U.S. District Court for the Northern District of Illinois after September 30, 2005.
Servicemembers or Service Members . . . no longer Soldiers and Sailors: Some recent legislation & regulations related to military service By Dawn R. Hallsten March 2005 Today most attorneys face occasional legal issues relating to military service. Our nation's increased military involvement as well as its record reliance upon reservists and members of the National Guard to meet our military needs here and abroad mean that this area of law impacts more of our population.
Substitution of judge-Second supplemental update By Thomas F. Hartzell February 2005 The case, In re: Estate of Helen Jean Gay v. Carolyn Hetrick, cites several other cases from Illinois concerning substitution of Judge and substantive rulings. It is a good reference guide.
“Taking individual homes and private property for public use”—What impact will the Kelo ruling have in Illinois? November 2005 In its landmark decision of June 23, 2005, the Supreme Court in Kelo v. City of New London, 125 S. Ct. 2655, 162 L.Ed.2d 439, 73 USL W 4552, established the extent of a city’s authority to seize private property for commercial development.
An update on “Miranda warnings” for debt collection lawsuits By Patrick E. Ward & Darla A. Foulker May 2005 "You have the right to dispute this debt. Anything you say can and will be used against you in a court of law . . . ."
Useful Internet sites for lawyers By Patrick E. Ward March 2005 Every day of our practice we come across questions of law and questions of fact. In addition to West, Lexis, etc., there are free sources to find the answers to the legal questions.