Articles From 2016

Editor’s note: The return of judicial blinders By James T. Nyeste Insurance Law, June 2016 The Third District’s decision in Pekin Ins. Co. v. Illinois Cement Co., , which is summarized in this issue, is a very unsatisfactory decision concerning the scope of the pleadings or other materials to be considered by a trial court in determining whether a liability insurer has a duty to defend.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2016 News and recent updates from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, July 2016 An introduction to the issue from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, April 2016 A message from Editor Rich Hannigan.
Effect of same-sex marriage on family law By Tracy Douglas Women and the Law, June 2016 By looking at how state courts and the Illinois General Assembly addressed the issue of same-sex parents, state legislatures can examine the ways to adapt family laws.
The effects of the December 1, 2015 amendments from one judge’s perspective By Iain D. Johnston Federal Civil Practice, September 2016 U.S. Magistrate Judge Iain Johnston shares how the amended Federal Rules have affected his courtroom.
Elder law case summaries — April 1, 2016 through August 15, 2016 Elder Law, October 2016 Summaries of recent cases of interest to elder law practitioners.
Elder law desk reference: 2016 numbers and statistics By Martin W. Siemer Elder Law, February 2016 A handy reference guide with all the updated info you need for 2016.
Emotional support animals on campus By Robert L. Miller Education Law, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
Emotional support animals on campus By Robert L. Miller Animal Law, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
Emotional support animals on campus By Robert L. Miller Government Lawyers, June 2016 While requests for emotional support animals on campuses are not new, the frequency and variety of these requests has been growing over the last several years.
Employer fails in bid for removal under 28 U.S.C. § 1332 By Michael R. Lied Federal Civil Practice, June 2016 A summary of the recent case of John Stell and Charles Williams, Jr. v. Gibco Motor Express, LLC.
Employer not entitled to injunction against former employee By Michael R. Lied Labor and Employment Law, February 2016 An overview of the recent case of Capstone Financial Advisors Inc. v. Plywaczynski.
Employers grappling with new overtime final rule By Mark A. Spognardi Employee Benefits, October 2016 With the December 1st deadline fast approaching, compounded by election year political maneuverings, there is uncertainty as to whether the final rule will be defunded, overturned, or enjoined before its effective date.
Employers grappling with new overtime final rule By Mark A. Spognardi Corporate Law Departments, September 2016 With the December 1st deadline fast approaching, compounded by election year political maneuverings, there is uncertainty as to whether the final rule will be defunded, overturned, or enjoined before its effective date.
Employers maintain their right to waive lien subsequent to adverse judgment By Brittany N. Meeker Workers’ Compensation Law, April 2016 The case of Cozzone v. Garda GL Great Lakes, et. al, presented the issue of whether an employer could waive its Section 5(b) rights under the Illinois Workers’ Compensation Act after an adverse circuit court judgment was rendered.
Employers’ rights to conduct pre-employment testing under the Americans with Disabilities Act By Terrance B. McGann Labor and Employment Law, April 2016 While pre-employment testing presents challenges to a wide range of state and federal laws, this article addresses the intersection between an employer’s right to test employment candidates and the guidelines under the Americans with Disabilities Act
Enjoying a Big Mac (iMac, that is)! By Frank V. Ariano Senior Lawyers, February 2016 Author Frank Ariano explains how you can benefit from a new iMac computer.
Enter, the long-ignored caretaker By Paula E. Pitrak Family Law, April 2016 The recent changes to the IMDMA have placed a gender-neutral importance on the caretaking functions when determining the allocation of parental responsibilities and maintenance awards.
Environmental basics revisited: A look at Northern Illinois Service Company v. Illinois Environmental Protection Agency By Lisle A. Stalter Environmental Law, November 2016 Although the decision in this case is pretty straightforward and not surprising, it is useful to have a confirmation of where the interpretation of the Act stands.
Equal Pay Day Chicago 2016 Women and the Law, March 2016 Plans are well underway for the next Equal Pay Day event, scheduled for April 12, 2016 in Daley Plaza (Clark and Washington in Chicago) from noon to 1 pm.
Establishing a duty of care in asbestos cases without occupational exposure By Cody Favilla Tort Law, April 2016 What is the duty of care owed by an employer to the household members of its employees?
Estate of Stuller v. United States: Some lessons for horse-breeding farms By Colin Walsh Federal Taxation, March 2016 A close reading of this case uncovers some important insight regarding the need to consult with experts and who qualifies as such.
Ethical concerns for guardians ad litem By Leslie Wood Child Law, December 2016 Though a party may request a GAL, only the court has statutory power to appoint a guardian ad litem. Depending on the type of case, a GAL appointment may be required by statute or local court rule, or may be appointed at the discretion of the court.
Ethical quandaries: What to do when your collaborator/artist/agent/publisher becomes an adversary By Sarah M. Linsley Intellectual Property, October 2016 A look at the role of legal counsel in collaborations--if not in creating these relationships, inevitably in connection with unwinding them.
Evidence obtained after an illegal stop but subsequent to learning of an outstanding warrant for the detainee, is admissible By Stephen W. Baker Criminal Justice, September 2016 Illinois practitioners should be cognizant that the U.S. Supreme Court ruling in Utah v. Strieff is arguably at odds with numerous Illinois rulings to the contrary.
The evolution of hospital property tax exemptions in Illinois By John G. Locallo & Vesna Marusic State and Local Taxation, June 2016 Will Illinois eventually revert to strict constitutional interpretation in resolving the continuing uncertainties regarding charitable hospital exemptions?
Ex-small biz lobbyist tapped for mental health advocate post Mental Health Law, December 2016 A veteran small business lobbyist has been hired to help handle state mental health government affairs for a top Illinois behavioral health advocacy group and to push to reverse state funding cuts opposed by Illinois voters.
Executive Order 2016-06 Administrative Law, May 2016 Governor Rauner's Order was signed and became effective April 29, 2016.
Executive Order To Eliminate The Backlog and Delay In State Administrative Proceedings Administrative Law, May 2016 The text of the governor's new Executive Order.