Articles From 2017

A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, April 2017 An introduction to the issue from co-editors Mary Ann Connelly and Stan Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, March 2017 Remembering our colleague and friend, Allen Landmeier.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, February 2017 An introduction to the issue from Co-editors Mary Ann Connelly and Stanley Kaminski.
A note from the co-editors By Mary Ann Connelly & Stanley R. Kaminski State and Local Taxation, January 2017 An introduction to this issue from Co-Editors Mary Ann Connelly and Stan Kaminski.
Note from the Editor By Kathryn E. Eisenhart Human and Civil Rights, March 2017 An update in the case of transgender high school student Gavin Grimm.
The obsolescence of the full power deed in trust By Gary R. Gehlbach Trusts and Estates, March 2017 Author Gary Gehlbach considers whether the 'full power' provisions of a trust continue to be necessary.
Obtaining attorney fees in voluntary lawyer program cases By Gary L. Schlesinger Civil Practice and Procedure, July 2017 There are several cases in Illinois dealing with legal services’ attorneys collecting fees for representing legal services’ clients from an opposing client who has paid his or her own attorney.
Office of Special Counsel provides discrimination guidance By Michael R. Lied International and Immigration Law, February 2017 In determining whether a violation has occurred, the Office of the Chief Administrative Hearing Officer, the adjudicative body that hears cases arising under the INA’s anti-discrimination provision, looks to relevant case law of the federal circuit in which the claim arises.
Office of the Cook County Assessor Attorney, Representative, and Appraiser Meeting— February 23, 2017 By Thomas A. Jaconetty State and Local Taxation, March 2017 Takeaways from the recent meeting.
Oh! Those limitations By Samuel H. Levine Construction Law, January 2017 Four recent Illinois cases address claims limitations.
Oil and gas mortgagees beware By David M. Williams Mineral Law, December 2017 An interesting case--Gloria’s Ranch v. Tauren et al-- covering oil and gas leasing, exploration, production, conveyancing and financing was recently decided in the appellate court of Louisiana.
Once an IWCC settlement contract is final does IWCC still have jurisdiction to hear any motions? By Richard D. Hannigan Workers’ Compensation Law, June 2017 It would appear from the decision in Millennium Knickerbocker Hotel v. IWCC and Rudy Guzman, Jr. that unless there is an issue regarding penalties the commission lacks jurisdiction to hear any motion.
The ongoing saga of sexual harassment By Hon. Debra B. Walker Human and Civil Rights, December 2017 With the Illinois legislature beginning to undergo sexual harassment training and apparently adopting legislation that would require all elected officials to be so educated, will this apply to the third branch of government?
The ongoing saga of sexual harassment By Hon. Debra B. Walker Bench and Bar, November 2017 With the Illinois legislature beginning to undergo sexual harassment training and apparently adopting legislation that would require all elected officials to be so educated, will this apply to the third branch of government?
Out-going Chair’s column By Ebony R. Huddleston General Practice, Solo, and Small Firm, August 2017 Departing Chair Ebony Huddleston bids farewell.
Overview of Interlocutory Appeals By Angela J. Rollins Federal Civil Practice, September 2017 This article provides a brief overview of this complex area of law, describing the various ways an aggrieved party may seek review of an interlocutory order.
Overview of the healthcare landscape as it relates to Medicaid managed care By Dara M. Bass Employee Benefits, September 2017 A Request for Proposals (RFP) has been issued to determine what the changes to Medicaid might be, and it's likely to create a number of different changes in Medicaid for the state of Illinois.
Overview of the healthcare landscape as it relates to Medicaid managed care By Dara M. Bass Mental Health Law, June 2017 A Request for Proposals (RFP) has been issued to determine what the changes to Medicaid might be, and it's likely to create a number of different changes in Medicaid for the state of Illinois.
Ownership of mineral interest: How to avoid probate, taxes and loss of rights By David M. Foreman & George C. Lackey Mineral Law, March 2017 The use of a mineral trust can avoid the issue of multiple ancillary probates in the states where the mineral interests are located.
PA 99-0296: The 1,826 days and nights of BAIID By Ted Harvatin Traffic Laws and Courts, November 2017 This law provides that anyone with a Restricted Driving Permit may only operate a vehicle equipped with a breath machine and must do so for five consecutive, uninterrupted years (1,826 days per the administrative rules) prior to being eligible for full reinstatement.
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“Pay if paid” clauses upheld by First District By Jim Dash Construction Law, January 2017 In the first published Illinois decision on the topic in 30+ years, the court in Beal Bank Nevada v. Northshore Center THC, LLC,held on September 30, 2016 that “pay if paid” clauses remain enforceable in contract if the payment condition is an unambiguous condition precedent to payment.
Pens vs. Bolts: What accidents are made of By Robert J. Finley & Gabriella Bruno Workers’ Compensation Law, March 2017 In two recent decisions, the Appellate Court penned for practitioners the nuts and bolts of the “arising out of” component contributing to accident issues at the Commission.
Pension plan and health plan limitations for 2018 By Wesley Covert Employee Benefits, December 2017 In October 2017, the Internal Revenue Service issued Notice 2017-64 and Revenue Procedure 2017-58, containing the cost-of-living adjustments applicable to retirement plan limitations under the Internal Revenue Code and health flexible spending accounts under a Code §125 cafeteria plan and the parking and transit account limits under an Code §132 Transportation Plan.
People v. Castleberry: The death of the void-sentence rule By Mark K. Wykoff & Julia K. Wykoff Criminal Justice, April 2017 People v. Castleberry has changed the landscape for purposes of raising and preserving issues in higher courts—all members of the criminal bar must be mindful of this new precedent and govern their advocacy accordingly.
People v. Gocmen: Some advanced DUI drug training required By Anthony A. Bruno Traffic Laws and Courts, May 2017 In its opinion, the Appellate Court emphasized the arresting officer's lack of training and experience that would enable him to distinguish between a diabetic reaction and a drug reaction.
People v. Way: A defendant charged with aggravated DUI may raise the affirmative defense of sole proximate cause By Hon. Brad L. Badgley Bench and Bar, August 2017 A look at the effects of this recent Illinois Supreme Court case.
The people’s court in the island across the pond By Hon. Jesse G. Reyes Bench and Bar, September 2017 Judge Jesse Reyes describes his recent tour of the United Kingdom's Supreme Court. 
Perception in negotiation By Robert Wells Alternative Dispute Resolution, November 2017 Some suggestions to help mediators overcome perceived bias and maintain open dialogue.
Perfecting distributor liability for dangerous products By Michael Alkaraki Tort Law, June 2017 A look at the landmark decisions in products liability law.
Personal jurisdiction and notice in abuse and neglect proceedings By David M. House Child Law, March 2017 As with any civil action, abuse and neglect proceedings sometimes involve questions of adequate service of process and/or notice.