2014 Articles

Remedying mistakes in public employee benefit calculations

November
2014
Illinois Law Update
, Page 524
Benefits owed to public employees shall now be calculated using newly adopted actuarial tables.

Representing a Home Seller? Be Ready to Act Fast

July
2014
Column
, Page 354
Interview the client before the attorney-review window closes.

Requirements for broker price opinions and comparative market analyses

November
2014
Illinois Law Update
, Page 524
This new section of the Real Estate License Act of 2000 adds requirements for broker price opinions and comparative market analyses.

The Res Judicata Defense to Legal Malpractice Claims

By Zachary J. Freeman
February
2014
Article
, Page 80
Res judicata and collateral estoppel can be powerful defenses in litigation malpractice cases, even when the lawyer was not a party to the underlying action. But they aren't without limitations.

“Residential real estate” redefined for transfer on death instruments

October
2014
Illinois Law Update
, Page 472
Residential condominium units as well as parking units or units specified by a declaration to be allocated to a specific residential condominium unit now fall under the penumbra of "residential real estate" in the Illinois Residential Real Property Transfer on Death Instrument Act.

Resources for Illinois Legislative History: The Seven-Year Itch

By Tom Gaylord
September
2014
Column
, Page 450
Revisiting the Illinois General Assembly's website.

Restrictions on placing minor criminal offenders with the Department of Children and Family Services

October
2014
Illinois Law Update
, Page 472
As of January 1, 2017, courts may not place an adjudicated delinquent or a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 with the Department of Children and Family Services unless the minor...

Revestment doctrine exists but rarely applies, high court rules

By Janan Hanna
March
2014
LawPulse
, Page 114
The revestment doctrine lets a trial court be "revested" with jurisdiction even though the litigants failed to file post-trial motions. In People v. Bailey, the supreme court affirmed but strictly narrowed the doctrine.

Revised health care power of attorney awaits governor’s signature

By Janan Hanna
July
2014
LawPulse
, Page 314
The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.
3 comments (Most recent July 20, 2014)

Revisions to physical therapy licensing requirements

December
2014
Illinois Law Update
, Page 572
The Department of Financial and Professional Regulation has adopted revisions to the Illinois Physical Therapy Act that changes certain licensing requirements for physical therapists and physical therapy assistants. 68 Ill. Adm. Code 1340 (eff. Oct. 10, 2014).

The Rise of the Freelance Lawyer

By Ed Finkel
December
2014
Cover Story
, Page 576
More solos and small-firm lawyers are hiring stay-at-home moms and others on a project-by-project basis as the need arises. The lawyers they hire are trading full-time employment for freedom.
3 comments (Most recent November 22, 2014)

Rule 307(a)(1) Appeals – Not for Injunctions Only

By Christine Olson McTigue
December
2014
Article
, Page 590
Yes, Illinois Supreme Court Rule 307(a)(1) allows appeals from interlocutory injunction orders – but also in cases that are "injunctive in nature."

Sales tax exemptions reinstated for coal mining

November
2014
Illinois Law Update
, Page 524
In the wake of Pub. Act 98-456, which reinstated the coal exemption retroactive to July 1, 2003, the Department has amended the Part titled "Retailers' Occupation Tax" to allow sales tax exemptions for equipment and materials used in coal mining operations.

Sales tax on medical cannabis

October
2014
Illinois Law Update
, Page 472
The Department of Revenue ("DOR") updated regulations concerning the Retailers' Occupation Tax in order to comply with the Compassionate Use of Medical Cannabis Pilot Program Act. 86 Ill. Adm Code 130 (eff. July 25, 2014).

Same-Sex Marriage Comes to Illinois

By Richard A. Wilson
August
2014
Article
, Page 384
Illinois' new same-sex marriage law leaves in place the Civil Union Act and provides for voluntary conversion of civil unions to marriages, among other important changes.

Scaring sexters straight

By Janan Hanna
July
2014
LawPulse
, Page 314
While felony child pornography charges remain a possibility in appropriate cases, most sexting incidents are best handled less aggressively, experts agree.

School and campus safety grants

March
2014
Illinois Law Update
, Page 120
Public elementary, secondary, and post-secondary schools are eligible to receive school safety grants through the Illinois Emergency Management Agency. 29 Ill. Adm. Code 310 (eff. Dec. 19, 2013).

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
, Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

Silence as Self-Incrimination after Salinas v. Texas

By Robin B. Murphy
April
2014
Article
, Page 184
After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.

Sole member of LLC shielded from personal liability for alleged frauds committed by LLC

March
2014
Illinois Law Update
, Page 120
On December 20, 2013, the Illinois First District Appellate Court, as a matter of first impression, held that the sole member of a limited liability company (LLC) that sold a condominium unit was not personally liable for alleged frauds committed by that LLC.

Some Supreme Court Rule 138 privacy provisions delayed until 2015

By Janan Hanna
February
2014
LawPulse
, Page 62
Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.
1 comment (Most recent January 23, 2014)

Special education expenses require review board approval

September
2014
Illinois Law Update
, Page 424
Section 5 of the School Code, regarding state approval of payment of tuition and related services for disabled children attending special education programs, has been revised to include approval instructions for certain special needs programs serving autistic children.

Speed limit increased on I-90 and I-88

August
2014
Illinois Law Update
, Page 372
The Illinois State Toll Highway Authority has increased the speed limits on non-urban portions of I-90 and I-88 to seventy miles per hour. 92 Ill. Adm. Code 2520 (eff. May 9, 2014).

Spousal maintenance guidelines become law in Illinois

By Mark S. Mathewson
September
2014
LawPulse
, Page 418
A new law, effective January 1, removes uncertainty from most maintenance decisions by creating a formula for determining the size and duration of awards.

Statutory category of surgical treatment centers expanded to include Medicare and Medicaid facilities

November
2014
Illinois Law Update
, Page 524
The category of facilities qualifying as "ambulatory surgical treatment centers" has been expanded to include any facility that qualifies under the rules adopted by the Illinois Department of Public Health.

Still no eavesdropping law in Illinois

By Janan Hanna
July
2014
LawPulse
, Page 314
The Senate passed an eavesdropping bill before the spring session ended, but the House failed to agree.

Stronger workplace rights for pregnant women and new moms

By Matthew Hector
November
2014
LawPulse
, Page 518
A new Illinois law, one of the most protective nationwide, requires employers to provide a range of reasonable accommodations to pregnant woman and new mothers.

Substitute Service of Process - Like Father, Like Son?

June
2014
Column
, Page 262
Is service of process valid if it's on the defendant's father, in the defendant's driveway?
1 comment (Most recent June 20, 2014)

Supreme court ends sales-tax-avoidance practice

By Adam W. Lasker
January
2014
LawPulse
, Page 10
The court's ruling means companies can't set up a remote "sales" office and thereby avoid local taxes - but that the company in this case doesn't owe a $23 million tax bill.

Supreme court requires strict compliance for garnishment notices

By Adam W. Lasker
January
2014
LawPulse
, Page 10
Serving a withholding notice on a child-support obligor's employer? Make sure to include the required information (think social security number) or the employer won't be forced to comply.