In his July 2019 Illinois Bar Journal article, “Responding to Affirmative Defense,” Jake Crabbs, a law clerk for Justice Mathias W. Delort in the Illinois Appellate Court (First District), lays out a plan for responding to affirmative defenses in the early stages of litigation. To set the stage, he asks you to “[i]magine you have filed a civil complaint for breach of a simple personal-loan contract. Predictably, the defendant responds with a section 2-619.1 combined motion to dismiss and throws everything into it. After a tedious round of briefing and even oral arguments, the judge denies the motion entirely and orders the defendant to answer the complaint. Finally, you assume, this simple, little case can get moving. But you are wrong. When the defendant files her answer, she also raises 11 affirmative defenses. Eleven! Some of the defenses are merely one-sentence denials of your well-pleaded allegations and several were already raised in her motion to dismiss. Does opposing counsel even know what affirmative defenses are? Regardless, you are now in for another round of time-consuming motion practice.”
Practice News
-
July 8, 2019 |
Practice News
-
July 2, 2019 |
Practice News
The American Bar Endowment (ABE) announced today that it is now accepting applications for its 2020 Opportunity Grant Program cycle.
ABE Opportunity Grants will be awarded to "boots-on-the-ground" initiatives and innovative projects that:
- Enhance access to justice through innovative legal services delivery;
- Promote the rule of law and improve the justice system; and
- Increase the public’s understanding of the law and the legal system and increase civic engagement.
-
July 1, 2019 |
Practice News
The peculiarities of the Illinois estate tax and the confusing math underlying it require nuanced, cautious approaches to estate planning and gift giving. In his July Illinois Bar Journal article, “Wrapping Your Head Around the Illinois Estate Tax,” Robert J. Kolasa explains the peculiarities of the Illinois estate tax and the subsequent and considerable changes in estate planning strategies. He begins by noting that while the federal and Illinois estate calculations share similarities, they are different in many respects. Illinois’ formula selects the lower of either the “2011 calculation” under former Section 2011 of the Internal Revenue Code (“IRC”) or the “hypothetical tax” based on federal estate taxes reckoned with a $4 million estate tax exclusion amount. Also included are several helpful calculation tables showing various estate-planning outcomes.
-
June 27, 2019 |
Practice News
The Illinois Department of Central Management Services is seeking an assistant labor counsel in Chicago.
Responsibilities of the position include performing technical and legal work in the areas of labor agreements and arbitration; representing the state in arbitration hearings and before the Illinois Labor Relations Board; reviewing resolutions and disciplinary actions; recommending administrative action on labor relations issues; and carrying out public speaking assignments at off-site locations.
-
June 26, 2019 | Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers toxic torts, the Consumer Fraud and Deceptive Business Practices Act, special interrogatory, the Equal Pay Act of 2003, and the Cannabis Regulation and Tax Act.
-
June 26, 2019 |
Practice News
Tyria B. Walton has been appointed as a Cook County circuit judge in the First Judicial Subcircuit.
The appointment is effective June 25 and will conclude on Dec. 7, 2020, following the November 2020 general election.
Walton has served for over 20 years as an assistant public defender in the law office of the Cook County Public Defender, with a primary focus in first-degree murder defense. Over the past year, she has won her clients six not guilty verdicts in murder trials.
-
June 24, 2019 |
Practice News
Read the July 2019 Illinois Bar Journal and get to know new ISBA President David Sosin. Sosin, a partner of the Orland Park firm of Sosin, Arnold & Schoenbeck, practices real estate, land use, and zoning law. He also serves as attorney for the Village of Crestwood just east of Orland Park. He has a long history of bar leadership, including stints as president of the Southwest Suburban Bar Association and the Illinois Bar Foundation prior to entering the leadership track at the ISBA, where his wife, Janet, recently retired as director of bar services after more than 30 years of service.
Sosin sees many needles to move during the 2019-20 bar year. Included among his top priorities are: attorney wellness, law firm succession planning, bar association leadership, and health insurance for lawyers and firms.
-
June 20, 2019 |
Practice News
The Illinois Supreme Court issued five opinions on Thursday, June 20. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In Nichols v. Fahrenkamp, the court took on the question of whether quasi-judicial immunity extends to court-appointed guardians ad litem in the context of the administration of funds from a personal injury lawsuit. The court dismissed a man’s class action lawsuit against Walgreens on the grounds that his claim was precluded under the voluntary payment doctrine in McIntosh v. Walgreens Boots Alliance, Inc. In County of Will v. Pollution Control Board, the court upheld the board’s determination that groundwater monitoring regulations were unnecessary to protect groundwater from clean construction and demolition debris and uncontaminated soil fill operations. In Ward v. Decatur Memorial Hospital, the court weighed in on whether res judicata bars a plaintiff from refiling an action because he voluntarily dismissed the third amended complaint after a circuit court involuntarily dismissed several counts from the original, first, and second amended complaints in the initial action. The court addressed whether a court may impose sanctions in the form of attorney fees under Illinois Supreme Court Rule 137(a) against a plaintiff to compensate an attorney defending himself against a frivolous cause of action in McCarthy v. Taylor.
-
June 19, 2019 |
Practice News
In 2016, a new game called Pokémon Go invited players to use their smartphone cameras to find and battle animated creatures the game layered on top of, or near, images of real objects displayed on their smartphone screens. Creatures could be hunted anywhere: on sidewalks, on pets, at restaurants, in parks, and on your neighbor's backyard patio. The game was a massive, worldwide success. But news stories proliferated of Pokémon hunters entering other people's property without permission, causing traffic accidents, and congregating in large groups at random locations.
Read Alexander Porter’s article, “Can You See It? Predicting an Augmented Future for Illinois Attorneys,” in June’s Illinois Bar Journal for an overview of how augmented reality likely will touch upon many legal issues, including trespassing, public and private nuisance, privacy, personal and financial data, terms of use, and intellectual property.
-
June 18, 2019 |
Practice News
Attorney Howard Ankin discusses how to evaluate permanency in a workers’ compensation claim.