News and Articles

New Decisions

Goldberg successfull at Illinois Supreme Court
Goldberg & Frankenstein recently won a case before the Illinois Supreme Court, Wickham v. Byrne, regarding the Illinois Grandparent Visitation Act... More

Carter-Shields v. Alton Health Institute
The Fifth District Appellate Court Of Illinois held that a covenant not to compete, which is expressly set forth in a physician's employment contract, was not enforceable... More

Taimoorazy v. Bloomington Anethesiology Services, Ltd.
Federal District Judge Michael Mihm has denied the motion for summary judgment of Bloomington Anesthesiology Services... More

New Statutes

Home Medical Equipment And Service Providers. The Illinois Legislature has enacted a law that now requires Home Medical Equipment and Service Providers to obtain a license... More

Announcements

Express Access Internet Renewal
Dentists, dental hygienists, cosmetology teachers, esthetics teachers, physical therapists, clinical psychologists and public accountants may now renew their licenses over the internet... More

Grandparents once again have the right to petition Illinois courts for visitation with their grandchildren

The new grandparent visitation statute was written by Illinois attorney Michael K. Goldberg, of the Chicago Law Firm of Goldberg & Frankenstein, who represented the parent in Wickham v Byrne, the 2002 Illinois Supreme Court case that invalidated the former grandparent visitation statute. Mike Goldberg has testified several times at the Illinois House and Senate regarding the new grandparent visitation act, and has written and spoken extensively on the subject of grandparent’s rights....More

New, Narrower Illinois Grandparent Visitation Statute

After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren. On August 12, 2004, Governor Blagojevich signed House Bill 4318 (P.A. 93-0911, effective January 1, 2005), which reestablishes standing, albeit in a scaled-down form, for Illinois grandparents to petition for court-imposed visitation.  This article will examine the new Grandparent Visitation Act, pointing out the significant changes from the former Act, and discuss how the new Act may be interpreted by Illinois Courts.  Also, several recent grandparent visitation cases from other states will be discussed.   Finally discussed will be House Bill 1020, (P.A. 93-1026, effective January 1, 2005) which allows grandparents, in certain circumstances, to petition for custody of their grandchildren upon the death of a parent....More

Can There ever be Court-Imposed Grandparent Visitation In Illinois after Wickham V. Byrne

In April of 2002, the Illinois Supreme Court held that the Illinois Grandparent Visitation Act1 was facially unconstitutional.2  In the wake of that holding (a 6-1 vote) and the strong pro-parent language contained therein, there has been much debate as to whether a similar Act can or should be created. The new millennium has not been kind to Illinois grandparents seeking court-mandated visitation with their grandchildren, as courts-both state and federal-have consistently reduced their visitation rights.... More

Representing a Physician Subject to Disciplinary Action By The Department of Professional Regulation

The Illinois Department of Professional Regulation (IDPR) oversees the Illinois statutes that govern the licensure and discipline of professional and occupational groups. The statutes that govern these groups are found in chapter 225 of the Illinois Compiled Statutes. IDPR is legislatively mandated to administer and enforce 44 separate legislative acts that regulate the conduct of many professions and occupations in Illinois. While IDPR regulates numerous professional and occupational licenses (a complete list can be found at IDPR's official website-www.state.il.us/dpr.), this article will focus on representing physicians subject to IDPR disciplinary action. According to paragraph 60/2.2 of 225 Illinois Compiled Statutes 1996, "Disciplinary Action" means revocation, suspension, probation, supervision, practice modification, reprimand, required education, fines or any other action taken by IDPR against a person holding a license.... More

What You Need To Know About Grandparent Visitation, ISBA General Practice, Solo and Small Firm Section Council Newsletter, Vol. 28, No. 4 (March 2000).

This past June, the U.S. Supreme Court waded through the murky waters of family law long enough to weigh in on the constitutional issues surrounding grandparent visitation. The court stopped well short of declaring all grandparent visitation statutes unconstitutional, but it did say that judges must tilt the scales in favor of the wishes of the parent. The case, Troxel v. Granville, No. 99-138, 2000 WL 712807 (June 5, 2000), involved a Washington State child visitation statute1, which bears some interesting similarities to the Illinois Grandparent Visitation Act.... More

Disciplining Physicians: What Every Physician and Hospital Administrator Needs to Know About The Health Care Quality Improvement Act

Disciplining or reducing a physician's privileges can be a time consuming and costly undertaking for both the affected physician who must defend against the proposed discipline or reduction and the health care entity. This is particularly the case if the proposed discipline is of the type that must be reported to the National Practitioner's Data Bank, which will certainly result in a demand for a hearing from the physician... More