A New Look at the Rights of Students With DisabilitiesBy Madonna T. LechnerLaw Related Education for the Public, May 2023The plight of a student with a hearing impairment was recently brought to the public’s attention after the U.S. Supreme Court rendered a decision in Luna Perezv. Sturgis Public Schools.
PTSD is a disability under the ADABy Shari Rhode & Martin D. ParsonsLabor and Employment Law, January 2018Although PTSD is not exclusive to the military, the focus of this article is on veteran/employees with PTSD and some recommendations for how they can be accommodated in the workplace.
How temporary partial disability came to be and its application since 2011By Joshua A. HumbrechtWorkers’ Compensation Law, November 2017TPD marks an effort to balance the financial well-being of the injured worker and the employer’s ability to receive some gainful services of physically limited workers for the money extended in temporary benefits.
US Department of Labor issues final disability claim procedure rulesBy Steve Flores & Marissa SimsInsurance Law, September 2017Employers 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.
US Department of Labor issues final disability claim procedure rulesBy Steve Flores & Marissa SimsEmployee Benefits, September 2017Employers 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.
The Howell decision and the future of estate planning for adult disabled clientsBy Sarah LeRoseTrusts and Estates, October 2015In light of Estate of Howell v. Howell, an estate guardian of a disabled adult may propose an estate plan which deviates from intestacy, provided the guardian believes that the proposed plan is in keeping with the ward’s wishes.
A person with a disability is not a disabled personBy Hon. Michael B. Hyman & Brian O’DonnellBench and Bar, September 2015A Q and A between Appellate Justice Michael B. Hyman and Brian O'Donnell, a second-year student at IIT CHicago-Kent College of Law.
Legally disabled can toll the statute of limitationsBy Stephen SoteloTrusts and Estates, October 2014On August 26, 2014, after passing both houses of the General Assembly unanimously, the Governor signed HB5512 into law, allowing more persons to toll the statute of limitations on account of legal disability.
Is obesity a disability? An analysis of obesity under the ADAAABy Susan A. GarverLabor and Employment Law, December 2012The Americans with Disabilities Act Amendment Act was enacted in 2008. Prior to the Amendments, the ADA specifically did not cover obesity, only morbid obesity. The Amendments Act is purposefully silent on whether obesity is covered as a disability. This leaves much room for interpretation on whether obesity is a disability for the purposes of the ADA and the ADA Amendments Act.
New power for guardians of the disabled—Filing for dissolution of marriageBy Marilyn Longwell & Aurelija JuskaFamily Law, December 2012Overturning longstanding case law, the Illinois Supreme Court in Karbin v. Karbin recently held that a plenary guardian may now seek permission from the court to file a dissolution of marriage proceeding on behalf of a ward.
Defending the claim for an odd-lot permanent total disabilityBy Richard D. HanniganWorkers’ Compensation Law, July 2012In the case of Professional Transportation v. Illinois Workers’ Compensation Commission, the Commission awarded the injured worker permanent total disability benefits based upon the odd-lot theory.
Motor carrier defeats HIV-positive driver’s ADA and related claimsBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2011The case of EEOC v. C.R. England, Inc. will be helpful to motor carriers and others as it answers some fundamental questions that arise from the ADA statute which have not been previously addressed in detail by the courts.
Case note: In re the Estate of FallosBy Edward J. MitchellElder Law, April 2010The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
Recovering the value of “free” caretaking by an adult’s parentsBy Dennis M. LynchTort Law, March 2010A tortfeasor cannot seek to shirk responsibility for caretaking services because the caretaking was provided by the adult’s parents, and not by some third party.
Parental rights to engage therapy for a minor child and the Illinois Mental Health and Developmental Disabilities Confidentiality ActBy Rory WeilerFamily Law, February 2010One of the many conundrums faced in the family law practice is the seemingly ubiquitous situation where your client decides that the children need professional help in dealing with the issues arising out of the divorce, and the other parent believes that counseling, therapy or whatever moniker you wish to assign to it is contrary to the children’s best interests. In the past, in the absence of a parenting agreement or custody order, there was no clear guidance from the IMDMA or the courts as to which parent’s choice controlled, if any.
Representing hoardersBy Michelle SternbergElder Law, October 2009In order to provide good representation to hoarders, it is important to understand the condition.
Representing impaired clients: Challenge and opportunityBy Annemarie E. KillWomen and the Law, March 2009The ISBA Standing Committee on Women and the Law, in conjunction with the ISBA Standing Committee on Delivery of Legal Services, the ISBA General Practice Solo and Small Firm Section Council, and the Illinois Supreme Court Commission on Professionalism, presented a program entitled “Ethically and Effectively Representing Clients with Substance Abuse and Mental Health Problems” at the ISBA Mid-Year Meeting on December 12, 2008.
