2017 Articles

Nonrecord claimants in foreclosure proceedings must intervene during claims period

November
2017
Illinois Law Update
, Page 20
The Illinois Appellate Court held that, in the absence of fraud or irregularity, it will "not refuse to confirm a judicial sale merely to protect an interested party 'against the result of his own negligence.'"

Not Just the Same Old Grind

By Karen Erger
April
2017
Column
, Page 52
Think you know the practice areas and lawyer miscues that cause most malpractice claims? A recent study lays out the stats.

Office 365: Understanding the Benefits and Busting the Myths

By Jennifer Ramovs
December
2017
Column
, Page 40
Learn why Office 365 might be the right choice for you and your firm.

Orsey elected 3rd VP; ISBA hosts Ask A Lawyer Day; 476 new attorneys admitted to practice; new public member directory.

June
2017
Column
, Page 49
Orsey elected 3rd VP and more

Ortiz v. Werner Enterprises Streamlines Employment Discrimination Cases

By Lori L. Kuchmay
May
2017
Article
, Page 34
After the seventh circuit's decision in Ortiz, attorneys no longer need to divide evidence of employment discrimination into subgroups and should look instead at the big picture.

“Other crimes” testimony is more prejudicial than probative where defendant was not permitted to inform jury of acquittal

October
2017
Illinois Law Update
, Page 18
Defendant Joe Rosado was convicted by a jury of delivery of cocaine within 1000 feet of a high school. In a previous trial before the same judge, a different jury had acquitted Defendant of delivering a controlled substance to an undercover police investigator.

Outdated procedures for compliance with the Illinois Freedom of Information Act repealed and replaced with new regulations

February
2017
Illinois Law Update
, Page 20
The Workers' Compensation Commission revised their regulations regarding the procedures by which interested persons may inspect or request copies of the Commission's public records to match corresponding changes in the FOIA legislation.

Parental rights termination proceedings are not subject to ADA requirements

May
2017
Illinois Law Update
, Page 16
After the trial court found petitioner to be an unfit parent and terminated her parental rights, petitioner appealed. Petitioner's sole argument on appeal was that the trial court's ruling must be reversed because the parent-child reunification services required by the State were not reasonably accommodated to her developmental disability, in violation of the Americans with Disabilities Act (ADA).

Partnering with Online DIY Services: The Plusses and Perils

By Ed Finkel
September
2017
Cover Story
, Page 22
Chicago-based Road to Status provides immigrants with a DIY application process and attorney referrals. What are the pros and cons for lawyers in joining forces with online legal-service providers?

People v. Thompson New Rule for Identifying Defendants in Video Recording

By John M. Zimmerman
June
2017
Article
, Page 36
Thompson makes it easier for witnesses to provide lay opinion indentification testimony based on reviewing a recording. This article discusses the case's implications.

Pitfalls in Proving Proximate Cause

By Judge James M. Varga
April
2017
Article
, Page 44
A p.i. plaintiff's path to proving proximate cause is rarely a cakewalk. Other possible causes and potential tortfeasors pose challenges for plaintiffs and create opportunities for defendants.

Pollution Control Board may conduct non-adjudicatory proceedings to adopt time-limited water quality standards

June
2017
Illinois Law Update
, Page 18
This Act amends the Environmental Protection Act and provides that the Pollution Control Board may conduct non-adjudicatory proceedings to adopt a time-limited water quality standard for specified watersheds and bodies of water.

Portion of child support collections to be disregarded in TANF grant calculations

February
2017
Illinois Law Update
, Page 20
The Illinois Public Aid Code was amended to prevent certain amounts of child support from factoring into cash and assistance grants under Temporary Assistance for Needy Families ("TANF").

Possible changes for criminal defendants regarding bail procedure and requirements

May
2017
Illinois Law Update
, Page 16
Several proposals were submitted in the House that would change procedures for setting bail, posting bail, and modifying bail requirements.

Pre-2003 Chicago pension plan holders have claims to medical benefits from the City of Chicago

September
2017
Illinois Law Update
, Page 18
Multiple groups of Chicago retirees have sought to retain health care and benefits coverage, but only pre-2003 Chicago pension plan holders have viable claims.

The Pro Se Revolution

By Ed Finkel
October
2017
Cover Story
, Page 22
Cases involving at least one self-represented litigant make up most of the civil docket outside Cook County. What does the mean for courts and lawyers in Illinois?

Procedural changes made to appeals process for ambulance service providers

August
2017
Illinois Law Update
, Page 18
The Department of Healthcare and Family Services ("HFS") has adopted new amendments covering the appeals process for ambulance providers regarding nonpayment and enrollment as medical assistance providers.

Property Tax Code amended to remove gap in vegetative filler strip assessment procedure

March
2017
Illinois Law Update
, Page 28
This Act removes the provisions in section 10-152 of the Property Tax Code, 35 ILCS 200/10-152, which would have repealed the section regarding vegetative filler strip assessment at the end of 2016, bridging the gap in the designated assessment procedure that might have otherwise occurred between 2016 and 2017.

Property Tax Code assessment of wind energy devices now applies through assessment year 2021 (instead of 2016)

January
2017
Illinois Law Update
, Page 20
The provision of the Property Tax Code that accounts for annual inflation and depreciation of equipment in the valuation of wind energy devices now applies through 2021 instead of 2016.

Proposal would require cable and video providers to give notice of rates and promotional prices to current customers

July
2017
Illinois Law Update
, Page 18
A proposed amendment to the Public Utilities Act would require cable and video providers to give customers notice of rates and promotional prices by mail or email.

Proposed amendment regarding inadequate supervision of children

January
2017
Illinois Law Update
, Page 20
Amendments to Appendix B would provide additional guidance as to what constitutes allegations of inadequate supervision of a child under the Abused and Neglected Child Reporting Act.

Proposed amendments to the Environmental Protection Act provide private causes of action

August
2017
Illinois Law Update
, Page 18
The Illinois Senate has proposed a bill that would amend the Environmental Protection Act (EPA) by adding provisions that allow for public interest enforcement.

Proposed deduction for those who lost their nonprofit cooperative health insurance

February
2017
Illinois Law Update
, Page 20
A proposed amendment to the Illinois Income Tax Act would provide deductions to residents who lost coverage because their cooperative ceased doing business in the state.

Proposed legislation would address rising court costs

By Matthew Hector
May
2017
LawPulse
, Page 10
A bill introduced in this session would standardize court fees statewide and reduce their burden on low-income litigants.

Proposed legislation would limit civil asset forfeiture

By Matthew Hector
March
2017
LawPulse
, Page 22
A new bill would remove incentives that encourage police to seize cars and other private property and would limit the practice to people convicted, not just accused, of crimes.

Proposed regulations would alter child abuse proceedings

February
2017
Illinois Law Update
, Page 20
The Department of Children and Family Services (DCFS) proposed amendments to the subpart "Appeals of Child Abuse and Neglect Investigation Findings."

Proposed rule to allow prior DUI conviction to be admitted in new DUI proceedings

February
2017
Illinois Law Update
, Page 20
Under proposed amendments to the Code of Criminal Procedure, a defendant who is accused of driving under the influence or aggravated driving under the influence, and refused chemical testing requested by a law enforcement officer, could have their previous DUI or aggravated driving under the influence conviction admitted into evidence.

Prosecutor’s inability to contact state trooper for almost two years to appear as a witness is not due diligence

December
2017
Illinois Law Update
, Page 16
The court found that the State's due diligence requirement for a 60-day extension of the speedy trial statute provision of 725 ILCS 5/103-5(c) (2014) was not satisfied where a trial was delayed for almost two years by the prosecution's inability to bring the state trooper to court.

Protecting Client Settlement Funds with Special Needs Trusts

By Lauren Pierucci
August
2017
Article
, Page 40
Protecting Client Settlement Funds with Special Needs Trusts

Proving Bad Faith in Trade Secrets Cases

By Kenneth J. Vanko
June
2017
Article
, Page 40
Defendants in trade secrets cases can recover attorney fees for fighting spurious claims of misappropriation. But it isn't easy.