Publications

Articles From 2014

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Blaming the Patient: Medical Malpractice and Contributory Negligence

By Robert P. Vogt
June
2014
Article
Page 288
What constitutes contributory negligence in the med-mal context? This article explains the basics.

Board of park commissioners must make pension contributions

August
2014
Illinois Law Update
Page 372
As of January 1, 2015, the board of park commissioners must contribute to the pension fund in amounts not less than those required by 40 ILCS 5/12-149(a).

Boater safety rules target high-horse power motorboats

September
2014
Illinois Law Update
Page 424
As of January 1, 2016, individuals born after January 1, 1998, may not operate a motorboat that has a horse power exceeding 10, with the exception of those who have a valid Boating Safety Certificate or who meet the other exceptions listed in the section.

Building the ISBA of the Future

By Paula H. Holderman
February
2014
Column
Page 60
The heat of forward motion is making February a warm month at ISBA.

Building Your Case with Social Media Evidence

By Ed Finkel
June
2014
Article
Page 276
Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish? Here's a look at emerging principles and best practices.

The Business Case for Disability Diversity in Legal Employment

By Cheryl L. Anderson
March
2014
Article
Page 132
Legal employers increasingly recognize that diversity in their workplace is important to success. Yet many overlook disability diversity. Here's why that's a mistake.

Certification for drinking water examiners

June
2014
Illinois Law Update
Page 272
Pursuant to the Public Water Supply Operations Act, the Illinois Environmental Protection Agency ("EPA") has set forth procedures to obtain a drinking water operator certification. 35 Ill. Adm. Code 681 (eff. Apr. 1, 2014).

Challenging Voluntary Acknowledgments of Paternity

By Kelly M. Greco and Stephanie R. Hammer
September
2014
Article
Page 432
Parties in juvenile and divorce cases sometimes want to challenge a voluntary acknowledgment of paternity under the Illinois Parentage Act. Find out when and why these efforts succeed.

Change to assessment method of PPV leases of military facilities

April
2014
Illinois Law Update
Page 168
The Property Tax Code has been amended to change the method of assessing the value of PPV leases of certain military facilities for state property tax law purposes.

Changes to funding distribution under the Abandoned Residential Property Municipality Relief Program

June
2014
Illinois Law Update
Page 272
The Housing Development Authority has amended rules regarding the Abandoned Residential Property Municipality Relief Program. 47 Ill. Adm. Code 381 (eff. Mar. 10, 2014).

Changes to public employee benefits

June
2014
Illinois Law Update
Page 272
Recent amendments to the Illinois Pension Code include changes to provisions concerning employer and employee contributions, annual pension increases, duty disability benefits, and early retirement.

Changes to public record access, timelines, and appeals

September
2014
Illinois Law Update
Page 424
The Health Facilities and Services Review Board ("the Board") recently added a new Part titled "Public Information Access, Rulemaking, and Organization" to the Chapter governing the Health Facilities and Services Review Board. 2 Ill. Adm. Code 1925 (eff. June 30, 2014).

Changes to the Communicable Disease Code

May
2014
Illinois Law Update
Page 220
The Illinois Department of Public Health updated the Communicable Diseases Code to provide a list of reportable diseases and conditions, timeframes to report those diseases and conditions, and the reporting entities and procedures. 77 Ill. Adm. Code 690 (eff. Feb. 11, 2014).

Changes to the Department of Children and Family Services Scholarship Program eligibility requirements

April
2014
Illinois Law Update
Page 168
The Illinois Department of Children and Family Services recently adopted amendments that clarify who is eligible for their scholarship program, the duration of the scholarship, and who serves on the scholarship committee. 89 Ill. Adm. Code 312 (eff. Dec. 31, 2013).

Changes to the general procedures of the Labor Relations Board

March
2014
Illinois Law Update
Page 120
Amendments to the general procedures of the Labor Relations Board update the physical address of the Springfield office and provide the Board's website address as www.state.il.us/ilrb. 80 Ill. Adm. Code 31200 (eff. Dec. 13, 2013).

Changes to the Massage Licensing Act

May
2014
Illinois Law Update
Page 220
The Department of Financial and Professional Regulation amended the Massage Licensing Act to require applicants to submit fingerprints within sixty days of submitting their application for licensure. 68 Ill. Adm. Code 1284 (eff. Feb. 24, 2014).

Changes to Use Tax Act

July
2014
Illinois Law Update
Page 320
Per amendments to the Use Tax Act, lessors are not subject to the tax imposed by the Use Tax Act for amounts not calculated at the time a vehicular lease is executed. Such amounts may include, but are not limited to, charges for excess wear and tear.

Child care rights of first refusal awarded to separated parents

January
2014
Illinois Law Update
Page 16
Newly added section 602.3 of the Illinois Marriage and Dissolution of Marriage Act provides that if a court determines joint custody or visitation rights to be the best arrangement for a child under section 602.1 or section 607 respectively, then the court may further consider, as consistent with the child's best interests, awarding one or both of the parents the right of first refusal to provide child care for the minor child during the other parent's allotted parenting time.

Child-safe e-cigarettes

December
2014
Illinois Law Update
Page 572
Under the Illinois Poison Prevention Packaging Act, "electronic cigarette" or "e-cigarette" refers to battery-operated devices that contain nicotine, flavor, or chemicals, or a combination thereof, which are transformed into vapor for the purpose of inhalation.

Choosing an Economist for Your Personal Injury Case

By Scott Gilbert
May
2014
Article
Page 232
How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.

Circuit courts retain jurisdiction to hear administrative review actions when filed in improper venues

December
2014
Illinois Law Update
Page 572
On September 18, 2014, the Illinois Supreme Court held that circuit courts retain jurisdiction over administrative review complaints, even if they are filed in an improper venue. Mary Slepicka resided at Holy Family Villa, a nursing home in Cook County.

Citizen Tips and the Fourth Amendment

By Rob Shumaker
July
2014
Article
Page 336
More cases, including a new U.S. Supreme Court ruling, define whether a police investigatory stop based on a citizen tip is valid.

Claim against deceased driver was time barred when the plaintiff failed to substitute the correct party

January
2014
Illinois Law Update
Page 16
On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.

Clarifications for child abuse and neglect reporting

September
2014
Illinois Law Update
Page 424
DCFS recently clarified the difference between putting a child in "substantial risk of physical injury" and placing a child in an "environment injurious to health or welfare." 89 Ill. Adm. Code 300 (eff. June 11, 2014).

Collateral Consequence Considerations for Illinois Practitioners after Padilla v. Kentucky

By Angela Rollins
February
2014
Article
Page 76
Deportation isn't the only important collateral consequence of pleading guilty that looms for Illinois lawyers and their clients. Here's a look at the evolving law.

Collecting from Third-Party Personal Injury Defendants after Ponto

By Stephen E. Balogh
October
2014
Article
Page 498
Ponto holds that a plaintiff who has not sued a third-party defendant directly has no right to collect from it directly - even if the third party defendant is more than 25 percent at fault.

Compliance with section 607(e) of the Illinois Marriage and Dissolution of Marriage Act renders constitutional challenges moot

August
2014
Illinois Law Update
Page 372
On May 22, 2014, the Illinois Supreme Court found that a constitutional challenge to section 607(e) of the Illinois Marriage and Dissolution of Marriage Act (the "Act") became moot when the affected parent established compliance with the statute. See 750 ILCS 5/607(e).

Condo unit owners can’t withhold payment

By Janan Hanna
June
2014
LawPulse
Page 266
Condo unit owners may not withhold assessments even if the condo association fails to make repairs and perform maintenance, a divided Illinois Supreme Court rules.

Correspondence from Our Readers

December
2014
Column
Page 562
Small-estate affidavits; Getty Images; emulating PACER.

Correspondence from Our Readers

November
2014
Column
Page 514
Flat fees, time sheets, and the ARDC; thanks for Multi-Board 6.0; the unfairness of Rule 23.

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