Section Newsletters

Articles From 2017

All the latest developments in health care law By W. Eugene Basanta, Elizabeth LaRocca, & Ashley Lindsley Health Care Law, September 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta, Ashley Lindsley, & Chelbie A. Mitchell Health Care Law, June 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta, Elizabeth LaRocca, & Chelbie A. Mitchell Health Care Law, March 2017 Recent cases, legislation and regulations of interest to health care law practitioners.
Alternative court aims to keep the mentally ill from repeat criminal acts By Judith Miller Mental Health Law, December 2017 With more than a decade of statistics available since the inception of the Treatmetn Alternative Court in the 16th Judicial Circuit, Kane County has contracted with Aurora University to conduct a full analysis of the impact of TAC. Pursuant to the Mental Health Treatment Act, the county’s study will include an analysis of recidivism rates.
Americans with Disabilities Act: Is your Website Accessible? By Michael D. Wong Diversity Leadership Council, June 2017 Compliance with Version 2.0 AA of the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, requires addressing issues that impact how a website is perceived, operable, understandable and robust.
1 comment (Most recent June 12, 2017)
The amount of evidence required to rebut the statutory presumption in 6(f) of the Act By Monica J. Kiehl Workers’ Compensation Law, September 2017 In Johnston v. Illinois Workers’ Comp. Comm’n, et al., the Appellate Court considered the correct standard to be used when rebutting the statutory presumption contained in Section 6(f) of the Act, finding that it is an “ordinary rebuttable presumption,” which merely requires the employer to offer some evidence to show that a petitioner’s condition was caused by something other than his or her occupation.
Animal welfare topics at the forefront By Jeffrey A. Mollet Agricultural Law, March 2017 There have been a couple of developments on the animal welfare front recently, one by the United Nations and the other from the USDA.
Anthony R. Holstine v. The Illinois Workers’ Compensation Commission et al.; NO. 2-16-0339WC (Rule 23 decision) When is an 8(d)1 award mandatory? By Deborah Benzing Workers’ Compensation Law, June 2017 Given the Court’s expression of preference of 8(d)(1) awards, respondents should be careful to always consider the use of vocational experts to address whether the injury resulted in an impairment of the capacity to earn or, although unlikely, establish a waiver of 8(d)(1) benefits by claimant on the record when asserting that permanency should be based on 8(d)(2) as opposed to 8(d)(1).
Appellate court affirms decision to deny lump sum order taking overpayments into account By Timothy J. O’Gorman Workers’ Compensation Law, November 2017 A summary of <i>Marie Salisbury v. Illinois Workers’ Compensation Commission</i>.
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Civil Practice and Procedure, September 2017 The Dead Man’s Act can be a very effective tool in defending personal injury claims. It can be used to wholly defeat a negligence case, as occurred in Spencer v. Strenger Wayne.
Appellate court does not extend traveling employee doctrine to police officer commuting to mandatory training By Guy R. Spayth, Jr. Workers’ Compensation Law, January 2017 In Jason Allenbaugh v. IWCC, the Third District Appellate Court, Workers’ Compensation Division, refused to extend workers’ compensation benefits to a police officer who was involved in an automobile accident while traveling to police headquarters to attend a mandatory training session.
Appellate Court establishes statutory guideline for wage differential benefit calculation By Gerald W. Napleton Workers’ Compensation Law, September 2017 The issue in Crittenden v. The Illinois Workers’ Compensation Commission dealt specifically with Section 8(d)(1)’s language concerning “the average amount which a claimant is able to earn in some suitable employment or business after the accident.”
Appellate Court upholds dismissal of Marque Medicos class action suit By Jim Byrnes Workers’ Compensation Law, September 2017 On June 30, 2017, the First District of the Illinois Appellate Court issued a decision affirming an order by Judge Rita Novak of the Circuit Court of Cook County, dismissing with prejudice a class action suit filed by Marque Medicos Fullerton, LLC and other plaintiffs against various workers’ compensation carriers
Appellate court warns practitioners to comply with Supreme Court Rule 341(h)(3) or have their brief stricken By Richard D. Hannigan Workers’ Compensation Law, January 2017 The Appellate Court's decision in Dayton Freight Lines v. IWCC et al. contained an admonition: "In the past we have noted the deficiencies in the briefs which we have received but nevertheless addressed the issues raised and the resolve those appeals without striking the offending brief or appendix. In the future, however, this court may not be so inclined. Practitioners would be well advised to heed our warning."
Appellate update By Barbara Goeben Mental Health Law, June 2017 Recent cases of interest to mental health practitioners.
Are hiring practices targeting college students discrimination under the ADEA? By Allison P. Sues Diversity Leadership Council, June 2017 Plaintiffs in Rabin v. Pricewaterhouse Coopers LLP assert that the firm’s hiring practices focused on attracting younger workers through their promotional materials, which featured only pictures of younger employees, stated that the majority of their workforce is made up of millennials, and described perks geared towards younger employees, such as student loan repayment assistance.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, October 2017 Consider writing for this newsletter.
Articles, articles, articles! By Michael J. Maslanka Real Estate Law, September 2017 Consider writing for this newsletter.
Attorney fee-share agreements and Rule 1.5(e) of the Illinois Rules of Professional Conduct By Cameron B. Clark Workers’ Compensation Law, January 2017 In Ferris, Thompson, & Zweig, Ltd., v. Esposito, the appellate court determined that the Plaintiff’s complaint over enforcement of an attorney fee-share agreement should not have been dismissed.
Attorney General Sessions Announces Opioid Fraud and Abuse Detection Unit Health Care Law, September 2017 A summary of a press release from the U.S. Department of Justice regarding the formation of an Opioid Fraud and Abuse Detection Unit
Austin Fleming Newsletter Editor Award – Two of our very own By Emily Vivian Government Lawyers, May 2017 On Friday, June 16, Lynn Patton and Kathryn (“Kate”) Kelly, co-editors of this newsletter, will receive the 2017 Austin Fleming Newsletter Editors Award.
Avoiding liabilities when working alongside real estate agents By Colleen L. Sahlas Real Estate Law, May 2017 Working relationships between attorneys and agents in real estate can often be positive and valuable. But it’s critical to understand and address the roles between agents and attorneys, define the boundaries, and be wary of potential liabilities that could result from working alongside them.
1 comment (Most recent May 17, 2017)
The Awakenings Project facilitates empowerment, advances recovery By Irene Lamb O’Neill & Robert King Lundin Mental Health Law, December 2017 People familiar with psychiatric illnesses understand the painful loss of purpose and self-esteem that often accompanies these disorders. The arts can heal some of these wounds, providing individuals who struggle with these disabling illnesses hope, purpose and a sense of identity.
Bail reform comes to Illinois By William L. Vig & Sara Mayo Vig Traffic Laws and Courts, October 2017 The bail-related provisions of the Bail Reform Act of 2017 take effect January 1, 2018. Here's what you need to know.
Balancing litigation and transactional work By Ian Hoffenberg Law Office Management and Economics, Standing Committee on, June 2017 In order to maintain competence and professionalism in both areas, there are many things to consider.
Bank does not owe a duty of ordinary care to maintain and guard a customer’s accounts and protect the account holder from fraud, abuse and waste By Kevin J. Stine Trusts and Estates, September 2017 The First District Appellate Court recently issued its decision in Epstein v. Bochko.
Bank does not owe a duty of ordinary care to maintain and guard a customer’s accounts and protect the account holder from fraud, abuse and waste By Kevin J. Stine Commercial Banking, Collections, and Bankruptcy, July 2017 The First District Appellate Court recently issued its decision in Epstein v. Bochko.
Bankrupt widows and widowers beware: In re Jaffe, is out there By David A. Zulkey Real Estate Law, November 2017 This case ultimately holds that death of a spouse terminates any interest held in a tenancy-by-the-entirety and, therefore, prohibits that interest in said property from being exempt from collection by a creditor under the Bankruptcy Code and Illinois law.
Basics of involuntary transfers/discharges from nursing homes By Dolores Wigman Elder Law, February 2017 Because of the physical and emotional harm caused by moving the elderly and frail from familiar surroundings and routines, federal and state laws provide nursing home residents the right to remain in their nursing homes except in limited circumstances.
Batson revisited: Exploring racial bias in contemporary jury selection By Timothy James Ting Racial and Ethnic Minorities and the Law, January 2017 Thirty years have passed since the hallmark decision of Batson v. Kentucky,. While racial discrimination in jury selection may no longer exist in such a blatant fashion as it did in yesteryear, attorneys should be aware of the subtle racial bias still present in contemporary jury selection.