When does the 19(h) review time limitation begin to run?By Richard D. HanniganWorkers’ Compensation Law, July 2016Does it begin to run after the decision has been entered by the Commission? Does it begin to run once a Circuit Court decision becomes final? Alternatively, does it begin to run once an appellate court or Supreme Court decision becomes final? The answer is “it all depends.”
When the U.S. Supreme Court speaks…By Michael J. MaslankaHuman and Civil Rights, March 2016A recent civil rights case decided by the U.S. Supreme Court was remarkable, not for its decision on the civil rights issue so much as it was on constitutional law, supremacy, and the interaction between federal and state governments.
Who signs the certificate of service? Rule 12(b)(3) and the pitfalls of noncomplianceBy Michael M. ShemkusCivil Practice and Procedure, November 2016Illinois Supreme Court Rule 12 sets forth the requirements for proving service of documents in state court. It distinguishes between the certificate of an attorney and an affidavit by a nonattorney. A party’s failure to appreciate the difference between the two can prove fatal, as the defendant in People v. Tlatenchi learned the hard way.
Why doesn’t she just leave?By Sally K. KolbFamily Law, April 2016In cases of domestic violence, this question focuses on the victim’s implied culpability instead of on the abuser.
Why visit CDC.gov?By Lewis F. MatuszewichInternational and Immigration Law, September 2016No matter where you're headed, the CDC's Web site can provide health and safety suggestions.
You cannot go bankrupt selling marijuana!By Thomas E. HowardCommercial Banking, Collections, and Bankruptcy, March 2016Marijuana is an asset that cannot be administered for the benefit of creditors. Administering the marijuana assets is a criminal violation of federal law.
Your client has just been found not guilty by reason of insanity—Your work is not overBy Mark J. HeyrmanMental Health Law, May 2016Following this successful defense, counsel must ensure that: (1) the defendant is transferred promptly to a Department of Human Services facility for an evaluation; (2) the defendant receives a commitment hearing; and (3) if the defendant is committed, he is given a commitment which is no longer than authorized under 730 ILCS 5/5-2-4(b).
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th DistrictBy Richard L. Turner, Jr.Insurance Law, August 2016In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th DistrictBy Richard L. Turner, Jr.Civil Practice and Procedure, June 2016In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.