2020 Articles

2019-2020 ISBA Award Winners

August
2020
Column
, Page 48
Honoring those who brought out the best in the ISBA and in Illinois.

Accommodations for emotional support and service animals

May
2020
Illinois Law Update
, Page 16
The Assistance Animal Integrity Act supplements federal law requiring housing providers, including condominium boards, to make reasonable accommodations for persons who make requests for service or emotional support animals.

Act provides state treasurer with more financial tools to assist students attending college

February
2020
Illinois Law Update
, Page 14
To proactively address the college-debt crisis and increase access to postsecondary education for Illinois residents, the General Assembly passed the Student Investment Account Act. Lawmakers passed the Act to enable qualified residents to pursue and finance higher education.

Additional exemptions to Retailers’ Occupation Tax adopted

June
2020
Illinois Law Update
, Page 14
New rules from the Department of Revenue expand the exemptions available under the Retailer’s Occupation Tax. Sellers of tangible personal property in the state of Illinois are subject to the tax.

Administrative law judge acted under proper authority in entering default order against employer

July
2020
Illinois Law Update
, Page 14
In October 2008, a former employee filed a complaint with the Human Rights Commission alleging race and national-origin discrimination against the petitioner.

Adoption of Wayfair nexus for use tax on out-of-state retailers

February
2020
Illinois Law Update
, Page 14
The Department of Revenue adopted amendments to the Use Tax implementing provisions of Public Act 100-587.

All for One and One for Law

By David B. Sosin
March
2020
Column
, Page 8
On many fronts, the ISBA is relentlessly advocating for the profession.

All Things Being Equal

By Pete Sherman & Jim Covington
August
2020
LawPulse
, Page 10
ISBA Assembly overwhelmingly approves resolution to address racial injustice inside and out.

Ambulance owners and operators found guilty of negligent operation

September
2020
Illinois Law Update
, Page 18
On June 18, 2020, the Illinois Supreme Court held that an ambulance owner and its driver are not immune from liability under the Emergency Medical Systems (EMS) Act when an accident results from the negligent operation of the ambulance while en route to pick up a patient for nonemergency transportation.

And Then There Were Three

By Pete Sherman
March
2020
LawPulse
, Page 16
Illinois Supreme Court Justice Robert Thomas’s retirement leaves one less Supreme Court seat in play for 2020.

Appealing for Volunteers

September
2020
Column
, Page 8
The Appellate Court Administrative Committee of the Illinois Supreme Court requests pro bono appellate defenders to help reduce the number of pending cases with the State Appellate Defender.

Appellate court not “fine” with fines masked as court costs

January
2020
Illinois Law Update
, Page 16
On Oct. 31, 2019, the Second District Court of Appeals remanded a criminal case raising errors in the imposition of fines.

Appellate court reverses multimillion-dollar oil-leak verdict due to insufficient evidence

April
2020
Illinois Law Update
, Page 16
On Jan. 30, 2020, the Fifth District Appellate Court affirmed a lower court’s ruling denying a defendant’s motion to withdraw his plea of guilty but mentally ill.On Jan. 31, 2020, the Third District Appellate Court reversed a $45.49 million oil-leak verdict due to insufficient evidence.

Are Your Remote Signings Camera Ready?

September
2020
Article
, Page 14
The technology for recording estate-planning document signings has been inexpensive and readily accessible for decades.

Asian American Family Commission Act to assist Asian American families

June
2020
Illinois Law Update
, Page 14
The Illinois General Assembly enacted the Asian American Family Commission Act to improve and expand existing policies, services, programs, and opportunities for Asian-American families.

Attorneys might be entitled to enhanced fees as specified in the fee agreement

September
2020
Illinois Law Update
, Page 18
On June 25, 2020, the First District of the Illinois Appellate Court reversed and remanded an order by the trial court to dismiss a law firm’s claim to recover “enhanced fees.”

Bad Timing

By Donald J. Ramsell
December
2020
Article
, Page 32
COVID-19 and the right to a speedy trial in Illinois.
2 comments (Most recent December 10, 2020)

The Ball Is in Your Court

By Benjamin M. Sardinas
May
2020
Article
, Page 34
Addressing assessment and sentencing credit errors at the trial court level after Illinois Supreme Court Rule 472.

The Bar Holds Steady

By Rhys Saunders
August
2020
LawPulse
, Page 10
The Illinois Supreme Court to increase bar exam locations and practice options for 2020 law school graduates.

Best Intentions or Best Practices?

By David B. Sosin
February
2020
Column
, Page 8
The ISBA continues to support prohibiting fee sharing with nonlawyers.

Better Drafting Through Templates and Automation

By Jeffrey R. Schoenberger
January
2020
Column
, Page 48
Create templates to improve your efficiency. Better yet, check out IllinoisBarDocs.

Blood-alcohol test allowed despite defendant not being under arrest at time of consent

December
2020
Illinois Law Update
, Page 16
On Sept. 4, 2020, the Second District of the Illinois Appellate Court reversed a trial court’s holding that barred the state from introducing the results of consensual blood and urine tests because the defendant was not under arrest at the time of the tests.

Board of Education not entitled to deduct pay when employee reinstated

March
2020
Illinois Law Update
, Page 20
On Dec. 23, 2019, the First District Appellate Court reversed the Chicago Board of Education’s decision to impose a 90-day-time-served suspension on a tenured elementary school teacher who was reinstated after disciplinary hearings.

Breaking the Statute of Limitations With Oral On-Demand Loans

By Benjamin R. Lawson
August
2020
Article
, Page 28
Examining when the statute of limitations begins to run for oral on-demand contracts.

Budget Implementation Act amended to stimulate tourism and economic opportunity in Illinois

October
2020
Illinois Law Update
, Page 16
The Illinois General Assembly amended the FY2021 Budget Implementation Act. The Act outlines alterations to the state budget for fiscal year 2021 in light of the COVID-19 pandemic.

A Busy Start to an Unusual Year

By Dennis J. Orsey
September
2020
Column
, Page 10
ISBA’s new president is making the Association’s presence a virtual reality.

Buyers Want to Visit the Sellers’ Home Before Closing

August
2020
Article
, Page 18
Buyers and their remodeling contractor want to visit the sellers’ home before closing.

Can Asbestos Ever Be Mitigated From Illinois Courts?

By Craig T. Liljestrand
March
2020
Article
, Page 42
For personal jurisdiction and asbestos litigation, recent rulings may illuminate asbestos’ pathway out of the Land of Lincoln.

Can You Hear Me Now?

By Danielle DavisRoe
September
2020
Column
, Page 44
Over the ear, in the ear, wired, or wireless—there’s a useful headset out there for you.

Cannabis business assistance program

August
2020
Illinois Law Update
, Page 14
The Department of Commerce and Economic Opportunity adopted a rule implementing provisions of the Cannabis Regulation and Tax Act (410 ILCS 705).