2024 Articles

Date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a decision under Administrative Review Law

May
2024
Illinois Law Update
, Page 16
On Feb. 6, 2024, the Fourth District of the Illinois Appellate Court held that a date of service must be established before a complaint may be dismissed for failure to issue summons within 35 days of the service of a final administrative decision under the Administrative Review Law.

Defendants have the right to be physically present at detention hearings under the Pretrial Fairness Act

April
2024
Illinois Law Update
, Page 14
On Jan. 23, 2024, the Fourth District of the Illinois Appellate Court held that defendants have the right to be physically present at pretrial release hearings.

Defendants in detention but arrested prior to the SAFE-T Act taking effect must have the option to stand on terms of original pretrial conditions

February
2024
Illinois Law Update
, Page 14
On Nov. 9, 2023, the Fifth District of the Illinois Appellate Court held that a defendant arrested before the SAFE-T Act became effective and who remains in detention after being ordered released subject to pretrial conditions must be allowed to stand on those original terms.

Defendant’s water pump house located in plaintiff’s chosen venue constitutes an “other office” in motion to transfer venue analysis

January
2024
Illinois Law Update
, Page 16
On Oct. 18, 2023, the Fifth District of the Illinois Appellate Court held that a water pump house may constitute a corporation’s “other office” for the purpose of determining proper venue.

Definition of “delinquent minor” under the Juvenile Court Act of 1987 no longer applies to minors violating federal law

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Juvenile Court Act of 1987. For purposes of the Act, “delinquent minor” no longer refers to minors who violated or attempted to violate a federal law before their 18th birthday.

Department of Children and Family Services must create database regarding the safety of regulated consumer products, other products, and substances

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Child Care Act of 1969. The Department of Children and Family Services must create and maintain a database on the safety of consumer products, other products, and substances regulated by the department.

Documents obtained by the public access counselor from a public body for the purpose of addressing a request for review is exempt from the Freedom of Information Act

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Freedom of Information Act (FOIA). Documents obtained from a public body by the public access counselor for the purpose of addressing a request for review of such public body’s denial of a request to inspect or copy a public record are now exempt from FOIA.

Don’t Fear the Feedback

By Karen Erger
April
2024
Column
, Page 44
How I tried to help a colleague, ended up on the “Refrigerator Door of Reproach,” and learned something about giving professional feedback.

Drivers aged 79 or older applying to renew driver’s license must pass a road test

May
2024
Illinois Law Update
, Page 16
The Office of the Illinois Secretary of State adopted amendments to the Illinois Vehicle Code. Every individual aged 79 or older applying to renew their driver’s license must prove, by actual demonstration, their ability to exercise reasonable care in the safe operation of motor vehicles.

Electricity distributors subject to taxation only if seller owns, leases, or controls the facilities used to distribute electricity

March
2024
Illinois Law Update
, Page 18
The Department of Revenue adopted amendments to the Public Utilities Revenue Act. Persons who distribute electricity to consumers are subject to the tax on electricity distribution when they own, lease, or control the facilities used to distribute the electricity.

Embracing Style

By Justice Michael B. Hyman
May
2024
Column
, Page 42
The Style Manual for the Supreme and Appellate Courts of Illinois, with an assist from the Illinois Reporter of Decisions.

Enough With the Talking Objections

By Andrew N. Jovanovic
April
2024
Article
, Page 30
A short discussion of talking objections and coaching during discovery depositions in the age of Zoom.

Ethical Spills at the Water Cooler

By Mark C. Palmer
January
2024
Article
, Page 22
What to be aware of when lawyers consider sharing office space with colleagues from other firms.

Ethics at Work

By Charles J. Northrup
January
2024
Column
, Page 44
Do not leave behind the ISBA’s ethics Advisory Opinions from 2023.

Evidence of voluntary intoxication may be considered when examining defendant’s mental state for specific-intent offenses

April
2024
Illinois Law Update
, Page 14
On Dec. 29, 2023, the Illinois Supreme Court held that evidence of voluntary intoxication may be considered when evaluating a defendant’s mental state for specific-intent offenses.

Family Leave and Civility

By Paloma Holloman
January
2024
Column
, Page 42
Treating women lawyers with respect means valuing their contributions to the law and beyond.

Farm mutual insurance companies insuring against wind or hail must maintain adequate catastrophic reinsurance 

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Farm Mutual Insurance Company Act of 1986. The Act is now divided into two subsections: subsection (a) is effective until Nov. 17, 2028; subsection (b) is effective thereafter.

First cousins once removed are eligible for a related adoption under the Adoption Act

April
2024
Illinois Law Update
, Page 14
On Jan. 11, 2024, the Second District of the Illinois Appellate Court ruled that first cousins once removed are eligible for a related adoption under the Adoption Act.

Fixing the Market

By Pete Sherman
January
2024
LawPulse
, Page 10
A massive jury verdict against the National Association of Realtors has attorneys discussing the fallout.

The Floodgates Open

By Amelia Buragas
March
2024
LawPulse
, Page 16
As more defendants are released before trial, the number of appeals challenging pretrial release decisions also are rising.

Fraudulent COVID-19 relief-program offenses must be prosecuted within five years after discovery of the offense

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Code of 2012. Prosecutions based upon fraudulent activity related to COVID-19 relief programs must be commenced either: 1) within five years after the discovery of the offense by an individual having a legal duty to report the offense; or 2) in the absence of such discovery, within five years after the appropriate prosecuting officer becomes aware of the offense.

Freedom of Information Act exempts Illinois State Police from providing information relating to firearm owners’ own FOID cards

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that the Illinois State Police (ISP) does not have to provide information to applicants regarding their own Firearm Owners Identification (FOID) card application under the Freedom of Information Act (FOIA).

Genuine issue of material fact on question of apparent agency exists when a patient is not informed that their physician is an independent contractor

April
2024
Illinois Law Update
, Page 14
On Jan. 25, 2024, the First District of the Illinois Appellate Court held that a genuine issue of material fact exists as to apparent agency when a hospital patient does not know their physician is an independent contractor.

Get Out There

By Shawn S. Kasserman
March
2024
Column
, Page 9
Bar association events of all sizes and locations are great places for making new friends, receiving and giving support, and sharing ideas.

Get Ready to Vote

March
2024
Column
, Page 10
Every vote counts in this year’s ISBA elections, which include a competitive race for third vice-president.

Going Negative

By Patrick Barry
March
2024
Column
, Page 44
Negative feedback is medicine served best to the right people at the right time.

Guardianship training programs must include content regarding Alzheimer’s disease and dementia

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Guardianship and Advocacy Act. The state’s guardianship training program, which covers the duties and responsibilities of guardians appointed under the Probate Act, must now include content regarding Alzheimer’s disease and dementia.

Hospitals required to submit treatment plans for transfer services or medical forensic services for sexual assault survivors

February
2024
Illinois Law Update
, Page 14
The Department of Public Health adopted amendments to its Sexual Assault Survivors Emergency Treatment Code. Within 60 days of the department’s request, hospitals must submit a plan to provide either transfer services to all sexual assault survivors, medical forensic services to all sexual assault survivors, or transfer services to pediatric sexual assault survivors; and medical forensic services to sexual assault survivors 13 years and older.

Illinois Criminal Code no longer references the imposition and execution of death sentences

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Code of 2012. The amendments removed all references related to the imposition of a death sentence.

Illinois does not recognize common-law peer-review privilege, but Illinois reporter’s privilege statutes protect academic journals

January
2024
Illinois Law Update
, Page 16
On Oct. 27, 2023, the First District of the Illinois Appellate Court held that Illinois does not recognize a common-law peer-review privilege, but the Illinois reporter’s privilege statutes protect academic journals from disclosing their sources.