Our panel of leading appellate attorneys reviews the Illinois Supreme Court opinions handed down Friday, December 30. The cases are Bremer v. The City of Rockford, Johnson v. Ames, People v. Price, and People v. Smith.
CIVIL
Bremer v. The City of Rockford
By Michael T. Reagan, Law Offices of Michael T. Reagan
In three cases since 2003, the Supreme Court has construed the phrase “catastrophic injury” in the Public Safety Benefits Act (820 ILCS 320/10(a)) to be synonymous with an injury resulting in a line-of-duty disability pension under section 4-110 of the Pension Code (40 ILCS 5/4-110). The controlling issue in this case is whether that phrase is also synonymous with an injury resulting in an occupational disease disability pension under section 4-110.1 of the Pension Code. The court, with Justice Thomas writing, unanimously held that the legislature did not intend for that phrase to be synonymous with a disease which resulted in the award of an occupational disease disability pension. The court stated that its prior cases were based on references in the legislative history to only the “line-of-duty” disability provision, and that nothing in the legislative history indicated an intent to expand the definition of “catastrophic injury.”
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January 2, 2017
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December 21, 2016
The litany of challenges to the legal profession posed by technological and economic "disruption" is all too familiar to those feeling the impact. It includes stagnant or falling incomes among those with consumer-facing practices, reluctance of consumers to retain counsel, and new tech-empowered players reshaping legal services delivery. It has created an urgent need for law schools to better train students in non-legal concepts like marketing and for the profession to better understand its clientele. The changes are so ubiquitous and far-reaching that lawyers are struggling to understand them, let alone to adapt. "There's kind of a broad unease in the profession based on the idea that change is happening, there are new economic strains, there are new threats from technology and new market entrants, and following all those trends is a time-consuming activity," says Mark Marquardt, executive director of the Lawyers Trust Fund of Illinois. With that in mind, the ISBA Task Force on the Future of Legal Services has released a report detailing the field's challenges and remedies that should be brought to bear, as well as the role the bar association itself can play in doing so. "The report was designed to take a look at the broad range of threats and opportunities facing the profession and provide a broad summary, and help people put their concerns into context," says Marquardt, a task force member.
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December 21, 2016 |
Practice News
Illinois attorney Elizabeth Garlovsky of Robbins, Salomon & Patt, Ltd. shares the benefits of mentorship.
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December 21, 2016 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am the sole owner of a five attorney personal injury plaintiff firm in the Dallas suburbs. Over the years I have built a sustainable brand through advertising. I have helped my associates develop their reputations, handle substantial cases, and be involved in various areas of firm management. I am planning on retiring in five years and I would like to begin the transition early next year by selling some stock (minority interests) to deserving associates with the remainder of my shares to be purchased upon my retirement. Originally, I had through about selling shares to two associates that have been with the firm for over fifteen years - now I am thinking about selling shares to all four associates. I think it would be easier for the four to come up with the required money. I welcome your thoughts.
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December 20, 2016 |
CLE
Complimentary Program for ISBA Members in the first 5 years of practice! New attorneys....did you know that your first year of membership with ISBA is free and automatic? Jump start your new Illinois legal career by attending this outstanding Basic Skills professional responsibility course in Chicago on January 20, 2017 that’s designed to equip you with the information you need as a new Illinois attorney, as well as help you begin to fulfill your Illinois Supreme Court Newly Admitted Attorney requirement (S. Ct. Rule 793). Our faculty of high-profile attorneys and judges offers insights, tips, and advice on the issues you face in your practice. The program closes with an in-depth look at the questions you need answered and issues you need help with as a new attorney. Attire is business casual.
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December 19, 2016 |
Practice News
Illinois Supreme Court Justice Anne M. Burke has begun an application process for a judicial vacancy in the Second Subcircuit of Cook County. The vacancy was created by the resignation of Circuit Judge James L. Rhodes. Judge Rhodes had served as a judge since 1996. His resignation took effect December 6, 2016.
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December 19, 2016 |
Practice News
Illinois Supreme Court Justice Thomas L. Kilbride has announced an application process for appointment to an at large circuit judge vacancy in the Twelfth Judicial Circuit. The vacancy will be created by Circuit Judge Daniel J. Rozak's retirement, effective at noon on January 16, 2017. The term of office is until December 3, 2018, when the position will be filled by the November 2018 election.
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December 19, 2016 |
ISBA News
The ISBA Springfield and Chicago offices will be closed for the holidays beginning Thursday, December 22 at 3 p.m. The offices will reopen on January 3, 2017. On behalf of the ISBA staff, we wish you all happy holidays and best wishes in the new year.
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December 19, 2016 |
Practice News
Full-time opportunities exist to pursue a career as a Marine Corps Judge Advocate. Marine Corps Judge Advocates are immediately given the responsibilities of maintaining their own caseloads and advising Marines on legal issues. Additionally, they are trained as Marine officers.
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December 15, 2016 |
Practice News
Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Resident Circuit Court vacancy in the Sixth Judicial Circuit. The vacancy will be created by the retirement of Chief Judge Dan L. Flannell on January 13, 2017. Judge Flannell has been a Resident Circuit Judge since 1988.