2000 Articles

Drawing the Boundaries of Negligent-Hiring Claims

By Jeffrey A. Blevins & Gregory J. Schroedter
July
2000
Article
, Page 413
The first district recently held that negligent-hiring plaintiffs must show a nexus between the harm they suffered and the defendant's breach.

Drug abusers may lose children; P.A. 91-802

August
2000
Illinois Law Update
, Page 438
Beginning next year, more unfit parents may begin losing custody of their children.

DUI fine increase to raise revenue for police equipment ; P.A. 91-822

August
2000
Illinois Law Update
, Page 438
Illinois law enforcement officials may soon get new equipment to aid in making the state's highways safer.

E-mail and Attorney-Client Communications

By Maureen B. Collins
September
2000
Column
, Page 541
The dangers of e-mail communication and how to reduce them.

Earned income tax credit bill signed into law; P.A. 91-700

July
2000
Illinois Law Update
, Page 380
Calling the bill "one of the most important measures we have ever passed in Springfield," Gov. Ryan signed Public Act 91-700, which amends the Illinois Income Tax Act to establish the first state income tax credit for Illinois taxpayers.

EDGE tax credits to attract firms

August
2000
Illinois Law Update
, Page 438
On April 19, 2000, the Illinois Department of Commerce and Community Affairs (department) adopted new rules to section 527 of the Illinois Administrative Code. 14 Ill Adm Code 527.

An Editing Checklist

By Maureen B. Collins
July
2000
Column
, Page 415
Learning to be your own editor is an important but challenging job. This checklist can help you revise your own work.

Education expense credit

October
2000
Illinois Law Update
, Page 563
On July 26, 2000, the Illinois Department of Revenue adopted a new section to section 100 of the Illinois Administrative Code. 86 Ill Adm Code 100.

Effective Closing Arguments in DUI Jury Cases

By Donald J. Ramsell
May
2000
Article
, Page 285
Tried-and-true techniques for DUI "breath" and "refusal" trials.

Electronic Briefs: The Time Has Come

By Todd H. Flaming
April
2000
Column
, Page 233
Here's how to create an electronic brief that includes exhibits, signed documents; everything you'd include in a paper version. For an example, see /ibj/apr00lj/ebrief.pdf.

Electronic income tax returns

April
2000
Illinois Law Update
, Page 196
On January 14, 2000, the Illinois Department of Revenue adopted amendments to section 106 of the Illinois Administrative Code. 86 Ill Adm Code 106.

Emergency Medical Services Systems Act does not provide immunity to city of Chicago when employees engage in willful and wanton misconduct

October
2000
Illinois Law Update
, Page 563
On August 10, 2000, the Illinois Supreme Court held that the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/1 through 33 (West 1994)) does not provide immunity to city-employed paramedics who engage in wanton and willful misconduct.

Emissions test averaging

December
2000
Illinois Law Update
, Page 690
On September 11, 2000, the Illinois Environmental Protection Agency (agency) adopted new sections to section 283 of the Illinois Administrative Code. 35 Ill Adm Code 283.

Employee leasing companies

December
2000
Illinois Law Update
, Page 690
On September 22, 2000, the Illinois Department of Employment Security (department) adopted a new section as an emergency amendment to section 2732 of the Illinois Administrative Code. 56 Ill Adm Code 2732.

Employee must show more than temporal proximity to prove pretext on a retaliatory discharge claim

October
2000
Illinois Law Update
, Page 563
On August 4, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, Kmart Corporation, with respect to the plaintiff's retaliatory discharge claim against the defendant.

Employee Noncompete and Nondisclosure Restrictive Covenants

By Paul R. Kitch
April
2000
Article
, Page 230
A summary of Illinois law governing noncompete restrictive covenants, with tips for employers.

Employee’s comments regarding employer’s possible violation of food inspection rules were protected speech

November
2000
Illinois Law Update
, Page 624
On September 5, 2000, the seventh circuit court of appeals reversed the district court's grant of summary judgment to the defendants, Hasara and Danner, officials of the city of Springfield, on Myers claim under 42 USC § 1983 alleging violations of her constitutional rights.

Employer’s statements relating to age did not provide evidence of age discrimination

August
2000
Illinois Law Update
, Page 438
On June 16, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, CSC Consulting Inc. (CSC).

Enforcing Orders of Protection Across State Lines

By Celia Guzaldo Gamrath
August
2000
Article
, Page 452
Is your client protected when she crosses state lines with an order of protection? Read and find out.

Evidence Practice Guides

By James E. Duggan
September
2000
Column
, Page 543
Illinois lawyers are fortunate to have several good sources for guidance on evidence law. Here are thumbnail sketches of the leading treatises and practice guides.

Ex parte communication

December
2000
Illinois Law Update
, Page 690
On September 26, 2000, the Illinois Health Facilities Planning Board (board) adopted an amendment and a new section to section 1925 of the Illinois Administrative Code. 2 Ill Adm Code 1925.

Excessive speeders slowed by Class A misdemeanor penalty ; P.A. 91-469

April
2000
Illinois Law Update
, Page 196
Pursuant to Public Act 91-469, "[a] person who drives a vehicle ... at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit" commits a Class A misdemeanor.

Exercise of control by employer over a contractor’s work may subject employer to liability

May
2000
Illinois Law Update
, Page 252
On March 1, 2000, the Appellate Court of Illinois, Third District, reversed the circuit court's grant of summary judgment to Midwest Grain Products, a grain processing company defending against an ironworker's negligence suit arising from injuries sustained in a construction accident.

Expert Testimony About Psychological Syndromes: How Far Can an Expert Go?

By Steven J. Sturm & Rebecca N. Poulson
December
2000
Article
, Page 704
How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.

Expert Testimony and Valuing Goodwill at Divorce

By Michael W. Kalcheim
November
2000
Article
, Page 652
Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.

The failure to name the state of Illinois as a respondent was sufficient to justify a dismissal of a petition for review of an administrative decision

May
2000
Illinois Law Update
, Page 252
On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's dismissal of Watts' petition because the court lacked jurisdiction to hear the matter since Watts failed to name the state of Illinois as a respondent in the case.

FDA pre-market approval of pacemakers did not preempt state law claims against manufacturer

February
2000
Illinois Law Update
, Page 68
On December 2, 1999, the Illinois Supreme Court reversed the appellate court and found that FDA pre-market approval of pacemakers was not a federal requirement.

Fender Benders Pose Malpractice Risks, Too

By Anne E. Thar
August
2000
Column
, Page 479
Plaintiffs' lawyers take note -- many of those "routine" cases come with not-so-ordinary malpractice pitfalls.

First Things First: Evaluating a Nursing Home Case

By Steven M. Levin & David H. Brinton
June
2000
Article
, Page 349
Pointers on deciding whether to pursue, refer, or reject a nursing home case.

Former Judge’s Perspective on Voir Dire

By Randall A. Bono
September
2000
Article
, Page 520
The case for allowing lawyers to conduct their own questioning of prospective jurors.