2002 Articles

Can Court-Imposed Grandparent Visitation Survive Wickham v Byrne?

By Michael K. Goldberg
September
2002
Article
, Page 458
Only if the General Assembly stays within the limits imposed by the U.S. and Illinois Supreme Courts, the author warns.

Can we talk (to the other side’s employees)?

By Helen W. Gunnarsson
January
2002
LawPulse
, Page 10
If you're suing a company that's represented by counsel, when can you talk directly to its employees?

Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath

By Carl W. Gilmore
September
2002
Article
, Page 472
Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.

The Changing Contours of the Illinois Tort of Negligent Misrepresentation

By Matthew Sheynes
July
2002
Article
, Page 362
Since the introduction of the Moorman doctrine, the pleading requirements for negligent misrepresentation have grown complicated. Here's a tour of the new legal landscape.

Child support obligations regarding medical insurance more strictly enforced

September
2002
Illinois Law Update
, Page 454
On July 1, 2002, the Department of Public Aid (department) amended section 160 of the Illinois Administrative Code to ensure child support obligations that include medical insurance coverage are satisfied.

Child support: pending privatization of the SDU raises concerns

By Helen W. Gunnarsson
November
2002
LawPulse
, Page 578
State officials say there's no cause for alarm, but some lawyers worry that changing vendors could once again muddle the child-support distribution system.

Circuit court cannot summarily dismiss a defendant’s post-conviction petition as untimely during first stage of post-conviction proceedings

November
2002
Illinois Law Update
, Page 584
On August 29, 2002, the Illinois Supreme Court addressed whether a circuit court could summarily dismiss as untimely a defendant's post-conviction petition at the first stage of post-conviction proceedings.

Civil monetary penalty against nursing home proper when supported by substantial evidence that Medicare regulations were violated

October
2002
Illinois Law Update
, Page 512
On August 15, 2002, the United States Court of Appeals for the Seventh Circuit concluded that a civil monetary penalty assessed to the plaintiff by the Department of Health and Human Services for violations of Medicare regulations was proper.

Clash over class actions

By Helen W. Gunnarsson
November
2002
LawPulse
, Page 578
Madison County is at the center of a dispute over class-action filings.

College saving in Illinois; a new carrot and stick

By Helen W. Gunnarsson
October
2002
LawPulse
, Page 506
Illinois residents have another incentive to invest in Illinois' Bright Start college savings program; and a disincentive to participate in plans offered by other states.

Communicating with Colleagues

By Maureen B. Collins
October
2002
Column
, Page 555
Attorney-client relationships aren't the only important ones in your professional life. Learn how to talk to your partners, associates and other lawyer-coworkers.

Communities encouraged to provide public access to Internet

May
2002
Illinois Law Update
, Page 232
On February 15, 2002, the Illinois Department of Commerce and Community Affairs (department) adopted amendments to section 546 of the Illinois Administrative Code. 14 Ill Adm Code 546.

Community caretaking role of police does not provide reasonable suspicion sufficient to conduct a Terry stop or to seize drug evidence

September
2002
Illinois Law Update
, Page 454
On June 17, 2002, the Appellate Court of Illinois, Fourth District, modified its decision and reversed the defendant's conviction for possession of a controlled substance (cocaine) with intent to deliver because the court ruled in favor of suppressing the only evidence of the defendant's guilt.

Constructive filing only achieved when a document is transmitted by the United States Postal Service

September
2002
Illinois Law Update
, Page 454
On June 4, 2002, the Appellate Court of Illinois, Fifth District, dismissed the defendant's appeal of the Williamson County Circuit Court's denial of the defendant's motion to transfer venue.

Contending with HIPAA Privacy Standards in Illinois

By Neville M. Bilimoria
August
2002
Article
, Page 414
This article reconciles the strictures of the Health Insurance Portability and Accountability Act with Illinois privacy law.

Corporate reform bill tough on lawyers

By Helen W. Gunnarsson
September
2002
LawPulse
, Page 448
Ironically, the SEC was lukewarm to less stringent ethics rules urged by a U of I law prof and colleagues last spring.

Correspondence from Our Readers

December
2002
Column
, Page 622
When forum shopping, don't forget the Indian Child Welfare Act.

Correspondence from Our Readers

November
2002
Column
, Page 570
Hail to the chief

Correspondence from Our Readers

September
2002
Column
, Page 442
Eaton's passionate presidency

Correspondence from Our Readers

July
2002
Column
, Page 334
Put family first.

Correspondence from Our Readers

June
2002
Column
, Page 278
Medicare liens; a clarification.

Correspondence from Our Readers

May
2002
Column
, Page 222
More on liens.

Correspondence from Our Readers

April
2002
Column
, Page 162
Must the author of a "certificate of merit" be disclosed?

Correspondence from Our Readers

March
2002
Column
, Page 110
Civility begins and ends with judges.

Correspondence from Our Readers

January
2002
Column
, Page 6
Those clients from hell.

Court need not examine both the reliability of the methodology used and its general acceptance to conduct a proper Frye analysis for admissibility of novel scientific evidence

May
2002
Illinois Law Update
, Page 232
On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.

Creating a Small Office Network, Part II

By Todd H. Flaming
October
2002
Column
, Page 553
Here's the hardware and software you need to network the computers in your office and increase your efficiency and productivity.

Creating a Small-Office Network, Part 1

By Todd Flaming
August
2002
Column
, Page 425
Small-firm computing is no longer about which computer to buy; even the basic models are powerful enough. Now it's about how to set up a network that lets you share programs and files.

A criminal defendant’s guilty plea at trial waives all Apprendi-based sentencing challenges on appeal

July
2002
Illinois Law Update
, Page 344
On April 18, 2002, the Illinois Supreme Court affirmed the decision of the appellate court and affirmed the defendant's extended-term sentence.

Cross-Examination: The Trial Lawyer’s Search Engine

By Joseph B. McDonnell
December
2002
Article
, Page 657
Cross-examination tips for beginning lawyers.