Section Newsletters

Articles From 2017

Despite the trial court’s incorrect statement of the maximum potential sentencing admonishment, the trial court subsequently complied with Ill. Sup. Ct. R. 401(a) and the defendant made a voluntary, knowing, and intelligent waiver of counsel By Kelly Doyle Coakley Criminal Justice, December 2017 In People v. Wright, the Illinois Supreme Court reversed the appellate court and affirmed the circuit court’s conviction.
Determining whether absolute or qualified immunity applies to a prosecutor’s conduct By Alex Yorko Civil Practice and Procedure, May 2017 A review of when a prosecutor is entitled to qualified immunity or absolute immunity from civil damages.
Developer insolvency not required for direct implied warranty of habitability claims against residential builders By Raymond M. Krauze Construction Law, April 2017 The ruling in 1120 Club Condominium Association opens the door to future claims against residential builders/general contractors who are not involved in the sale of residential units nor in contractual privity with the homeowners and eliminates a defense that residential builders/general contractors have often relied upon in defeating implied warranty of habitability claims.
Did your mother ever tell you to wear clean underwear because… ? By Michael J. Maslanka Human and Civil Rights, April 2017 A summary of Mulvania, et al. v. Sheriff of Rock Island County, et al., currently pending in the U.S. District Court for the Central District of Illinois.
Dissipation: Thinking outside the box By Arnold F. Blockman Family Law, June 2017 Let’s think outside the box and consider a number of areas where dissipation claims have been successfully asserted beyond the commonly accepted situations.
‘Diversity and inclusion’ in a dynamic world By Mohammad Iqbal Diversity Leadership Council, June 2017 This article presents a brief review of the diversity and inclusion ideology and the barriers and challenges it has faced in the last 60 years.
Diversity Committee updates By Julie A. Johnson, Shannon M. Shepherd, & Sharon Eiseman Diversity Leadership Council, June 2017 The Chairs from several ISBA sections and committees share their group's accomplishments and successes from the past year.
Divorcing a narcissist By James M. Quigley & Jordan D. Rosenberg Family Law, April 2017 With greater knowledge into the mind of a narcissistic personality, you will have a better chance of mitigating the stress caused by irrational and abusive behavior.
Do corporations need an attorney in administrative review hearings? By Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, March 2017 The Supreme Court, in Stone Street Partners, LLC, v. The City of Chicago Department of Administrative Hearings, specifically declined to decide whether a corporation must be represented at an administrative hearing by a licensed attorney.
Do good fences make good neighbors? By Joel L. Chupack Real Estate Law, February 2017 What does a good neighbor do if they want a fence, but there is a recorded restriction that states “NO FENCE OF ANY KIND SHALL BE COMMENCED, ERECTED OR MAINTAINED IN SAID SUBDIVISION ON ANY RESIDENTIAL LOT”?
Does Holocker v. IWCC take down Interstate Scaffolding? By Richard D. Hannigan Workers’ Compensation Law, September 2017 The answer is that Holocker helps to clarify Interstate Scaffolding. The respondent’s attorney should use this case as a textbook outline on how to defeat a claim for temporary total disability benefits when the employee has been terminated by his employer prior to reaching maximum medical improvement.
Does our rule for publication violate due process? By Hon. Andrea M. Schleifer & Ashley Stead Family Law, August 2017 In the current world of shrinking print media, it is not likely that an average respondent would learn about a case from a publication. Isn’t it time to modify the rule allowing for publication?
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Family Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
Doing the deed: Some property-related tips for divorcing couples By Adam B. Whiteman Real Estate Law, November 2017 It is in the interests of both spouses to properly finalize property issues while the divorce proceeding is still pending.
1 comment (Most recent November 8, 2017)
DOL fiduciary rule takes effect June 9 By Mark A. Spognardi Corporate Law Departments, June 2017 Important provisions of the Department of Labor’s ERISA Fiduciary Rule take effect TODAY!
DOL issues final disability claim procedures rules: Employers must act By Steve Flores & Marissa Sims Employee Benefits, June 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
Domestic Relations Division consolidation By Hon. Grace G. Dickler & Catherine Ryan Family Law, March 2017 The merger of the Dissolution and Parentage Court is arguably the most substantial procedural change to take place in the history of the Domestic Relations Division at the Daley Center.
Don’t forget about the charity! Complying with the Charitable Trust Act (760 ILCS 55/1 et seq.) By Sean D. Brady Trusts and Estates, March 2017 If you have a gift over $4,000 to a charity in your probate estate, don’t forget to read the Charitable Trust Act and make sure that your estate representative is complying with the Act.
1 comment (Most recent March 13, 2017)
Double deduction for prepaid farm expenses By Paul A. Meints Trusts and Estates, January 2017 The United States Tax Court issued its opinion on December 8, 2016 in the case of Estate of Steve K. Backemeyer v. Commissioner.
Dramatic and wide-ranging changes in the Chicago employment landscape By Mason Cole Law Office Management and Economics, Standing Committee on, February 2017 A recent Department of Labor restriction provides all litigators and legal professionals a reason to review employment manuals with a fine-tooth comb.
Drones, federal and Illinois law, surveillance and the Fourth Amendment –Ad coelom et ad inferos? By Elizabeth Austermuehle Real Estate Law, April 2017 This article examines the intersection of property owners’ rights and drone operators’ rights, and highlights some of the wide ranging societal repercussions that may result from increased commercial and governmental drone usage in the coming years.
E-filing update ahead of the Jan. 1 deadline for civil cases By Christopher Bonjean Bench and Bar, December 2017 For many court users, e-filing is already here. The transition began in July 2016 and now boasts over 22,000 registered users and averages around 5,000 e-filings every business day.
Editor’s column By Hon. Edward Schoenbaum, (Ret.) Bench and Bar, December 2017 A message from the editor, retired Administrative Law Judge Edward Schoenbaum.
Editor’s column By Edward Schoenbaum, Jr. (Ret.) Bench and Bar, September 2017 An introduction from Editor Ed Schoenbaum.
Editor’s column By Hon. Edward J. Schoenbaum, (Ret.) Bench and Bar, August 2017 A message from Newsletter co-editor Ed Schoenbaum.
Editor’s column: The computer boogeymen are out there! Make sure you have good antivirus and malware software, use secure passwords and backup, backup, and backup! By John T. Phipps General Practice, Solo, and Small Firm, March 2017 Editor John Phipps shares his recent experience with a cyberattack, and the top 10 lessons he learned. 
1 comment (Most recent February 24, 2017)
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, December 2017 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, November 2017 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, October 2017 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, August 2017 An introduction to the issue from Editor Lew Matuszewich.