Section Newsletters

Articles From 2013

Illinois adopts equitable adoption By Gary R. Gehlbach Trusts and Estates, May 2013 The case of DeHart v. DeHart provides a useful primer on the requirements for setting aside a will or asserting that someone tortuously interfered with an economic expectancy. More importantly, the decision establishes a new cause of action, equitable adoption.
Illinois Appellate Court holds Voluntary Payment Doctrine not applicable to claims brought under Consumer Fraud and Deceptive Business Practices Act By Carolyn Sprinchorn State and Local Taxation, October 2013 In Nava v. Sears, Roebuck & Co., the Illinois Appellate Court reversed the circuit court’s order granting summary judgment to Sears, Roebuck & Co., finding that the plaintiff had raised a genuine issue of material fact as to the elements of his claim brought under the Consumer Fraud and Deceptive Business Practices Act.
Illinois Appellate Court strengthens the notice defense to liability for injuries occurring on public sidewalks: Zameer v. City of Chicago By Michael D. Bersani Local Government Law, October 2013 In Zameer v. City of Chicago, the Appellate Court recently interpreted the notice defense in a manner that should serve to limit municipal liability in residential sidewalk cases.
1 comment (Most recent October 4, 2013)
Illinois Association of Administrative Law Judges to host national conference By Hon. Ann Breen-Greco Administrative Law, March 2013 You'll want to save the date for this annual Conference, this year to be held in Chicago!
Illinois business records: Getting them in at trial By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, December 2013 In Bank of America v. Land, the Fifth District discussed the content and reach of the business record exception to the hearsay rule in the context of a mortgage foreclosure suit.
Illinois case summaries By Hon. Edward J. Schoenbaum, Jr. Administrative Law, May 2013 Recent cases of interest to administrative law practitioners.
Illinois case summaries By Hon. Edward J. Schoenbaum, Jr. Administrative Law, April 2013 Recent cases of interest to administrative law practitioners.
Illinois court enforces exculpatory and damage limitations provisions in construction contract By Paul B. Porvaznik Real Estate Law, November 2013 Plaintiff and defendant each had the power to define the limits of their respective obligations and this power extended to the parties’ allocation of the risk of loss.
Illinois court voids fraudulent real estate contract, applies ‘special relationship’ fiduciary duty rule By Paul B. Porvaznik Real Estate Law, December 2013 In Thorne v. Riggs, the Third District Court examined Illinois fraud in the inducement and fraudulent concealment law and discussed the content and scope of the “special relationship” fiduciary duty rule in the real estate investment idiom.
Illinois court: LLC member can file mechanics’ lien against property owned by that LLC By Paul B. Porvaznik Real Estate Law, December 2013 Peabody-Waterside Development, LLC v. Islands of Waterside, LLC examines the LLC-vs.- LLC-member distinction through the prism of a mechanics lien claim where the defendant LLC owns real property and is itself comprised of two separate LLCs, each holding a 50% interest  
Illinois courts and the drug epidemic By Hon. Jane Mitton Bench and Bar, January 2013 This year, in recognition that drug-overdose deaths are the second leading cause of accidental death in the nation and deaths have increased significantly in recent years in both the Chicago Metropolitan Area and across Illinois, the Illinois General Assembly enacted legislation which provides for limited immunity from prosecution for any person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose.
Illinois Department of Juvenile Justice—What’s happening in our state juvenile prisons? By Elizabeth Clarke Child Law, December 2013 A look at the system since it was implemented more than six years ago.
The Illinois duty to preserve ESI: A bridge over troubled waters By George S. Bellas & Rebecca Pucinski Keithley Civil Practice and Procedure, March 2013 Due to the dramatic increase in the use of digital technology in business today, the time is ripe for the judiciary and practitioners to take note of how electronically stored information is gathered and used at trial.
The Illinois Employee Act—Constitutional or not? An analysis of Bartlow v. Costigan, 2012 IL App (5th) 110519 By Michelle D. Porro Workers’ Compensation Law, June 2013 On August 21, 2012, the Illinois Appellate Court held that the Illinois Employee Classification Act is not unconstitutional on its face.
Illinois governor to sign “fracking” law By Matthew E. Cohn Environmental Law, June 2013 Illinois' new fracking law is over 100 pages in length. Some of the significant provisions of the new law are described in this article.
Illinois health-related boards and commissions By Tracy Douglas Administrative Law, March 2013 This article discusses boards that regulate doctors and nurses as well as those that license hospitals and health facilities within the state.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, October 2013 Recent cases of interest to employment law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Human and Civil Rights, March 2013 Recent cases of interest to human rights law practitioners.
Illinois Human Rights Commission decision summaries By Laura D. Mruk Labor and Employment Law, March 2013 Recent cases of interest to labor & employment law practitioners.
Illinois Mechanics Lien Act, Section 16 as amended: Substantive change or clarification? By Lisa R. Curcio & Devin Girardi Bench and Bar, May 2013 The issue now confronting the mechanics lien bar is whether the amendment is a substantive change to the Act or merely a clarification of Section 16’s terms as they have always been understood and previously applied.
Illinois proposes more stringent asbestos regulation Environmental Law, March 2013 On December 7, 2012, the Illinois Department of Public published its First Notice for proposed amendments to Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois. The proposed rules are publicly available for review and were open for public comments until January 21, 2013.
Illinois recognizes privacy rights in case involving investigation of former employee By Michael R. Lied Labor and Employment Law, June 2013 A look at the case of Lawlor v. North American Corporation of Illinois.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Bench and Bar, April 2013 A summary of the recent case of EMC Mortgage Corporation v. Kemp.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Civil Practice and Procedure, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
The Illinois Supreme Court expands the immunity provision of the Emergency Medical Services Systems Act By Hon. Russell W. Hartigan & Jessica L. Fangman Civil Practice and Procedure, July 2013 The Illinois Supreme Court in Wilkins v. Williams held the immunity provision of the EMS Act protects government employees and the employees of privately owned ambulance businesses from civil lawsuits filed by patients or third parties, provided the act or omission was not willful and wanton.
Illinois Supreme Court puts burden on unmarried fathers to prove visitation is in their child’s best interest By Julie Pirtle Family Law, August 2013 The recent Illinois Supreme Court case of In Parentage of J.W. is changing the way family law attorneys look at visitation in a paternity action.
Illinois Supreme Court revisits enforceability of nursing home arbitration agreements By John R. Schleppenbach Alternative Dispute Resolution, May 2013 The enforceability of arbitration clauses contained in nursing home admission agreements has recently become a subject of increased debate throughout the United States.
Illinois Supreme Court Rules “Amazon Tax” preempted by Federal Internet Tax Fairness Law By William A. Price Business and Securities Law, November 2013 An overview of the decision and its ramifications.
Illinois tries to ensnare snowbirds (again) By Steven E. Siebers & Emily Schuering Jones Elder Law, September 2013 This is a follow-up to the article titled “Snowbirds Fly Free of Illinois Tax” that was published in the February 2013 edition of the ISBA Trusts & Estates Newsletter.
Illinois tries to ensnare snowbirds (again) By Steven E. Siebers & Emily Schuering Jones Agricultural Law, August 2013 This is a follow-up to the article titled “Snowbirds Fly Free of Illinois Tax” that was published in the March 2013 edition of the ISBA Agricultural Law Newsletter.