Illinois Bar Journal

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2015 Articles

Newly-created task force on sustainable transportation funding

April
2015
Illinois Law Update
Page 16
This new law creates the Task Force on Sustainable Transportation Funding. Section 15 describes the duties of the Task Force. Such duties include...

No discipline for attorney misconduct absent a violation of professional conduct rules

February
2015
Illinois Law Update
Page 18
On November 20, 2014, the Illinois Supreme Court suspended an attorney for 90 days for dishonesty, neglect, and commingling funds in violation of the Illinois Rules of Professional Conduct.

No personal jurisdiction when service of process is made by an unlicensed agency

February
2015
Illinois Law Update
Page 18
On November 17, 2014, the Second District Appellate Court held that service of process by an unlicensed private detective agency was defective, even though the individual employees who served the summonses were licensed private detectives.

No Surprises: Basics of Controlled Expert Witness Disclosure

By Tiffany Riggs & Tim Hammersmith
May
2015
Article
Page 40
No matter how convincing your experts, their testimony may be for naught if you fail to make timely and appropriate disclosure of their identity under Rule 213(f)(3).

Nominations for special elections of attorney general, secretary of state, comptroller, or treasurer

April
2015
Illinois Law Update
Page 16
If a special election is required for the office of the Attorney General, Secretary of State, Comptroller, or Treasurer, the following procedures for making nominations and filling the vacancy must be followed.

Non-consensual distribution of private sexual images

March
2015
Illinois Law Update
Page 20
The Act makes it a Class 4 felony to intentionally disseminate an image that (1) is private; (2) displays an individual at least eighteen years old who is identifiable in the image; (3) shows a sexual act; and (4) is disseminated without the depicted individual's consent.

Non-Illinois stock not categorically exempt from levy or turnover

January
2015
Illinois Law Update
Page 16
On November 5, 2014, the First District Appellate Court held that the Uniform Commercial Code ("UCC") controls the levy of securities, not the Code of Civil Procedure. Accordingly, levy is governed by the law of the security issuer's jurisdiction, as specified in the UCC.

Nonpublic schools: proof of nonprofit status, emergency response procedures, and the Pledge of Allegiance

April
2015
Illinois Law Update
Page 16
Effective January 22, 2015, the Illinois State Board of Education ("ISBE") made three changes that relate to nonpublic schools (including private and charter schools).

Notice may be provided electronically and by traditional mail

January
2015
Illinois Law Update
Page 16
As a result of amendments to the Self-Service Storage Facility Act, any notice made is presumed to have been delivered if it was either:

Once Cheated, Twice Shy: Using Prejudgment Attachment to Help Your Defrauded Client Recover

By Patrick M. Kinnally
June
2015
Article
Page 36
If your client is a victim of fraud and the tortfeasor has assets in Illinois, prejudgment attachment can be a way to stop the defendant from dissipating assets before you win your case.

Oral rulings are not final judgments for purposes of time limit for appeals

April
2015
Illinois Law Update
Page 16
On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.

An Overview of the Illinois Parentage Act of 2015

By Margaret A. Bennett
December
2015
Article
Page 28
The new Act, effective January 1, is a complete rewrite of Illinois parentage law that reflects changes in cultural norms and reproductive technology in the past 30 years.

Pacesetting police body camera law takes effect January 1

By Matthew Hector
December
2015
LawPulse
Page 12
The sweeping legislation also expands police officer training beyond the academy, bans chokeholds, and clarifies that citizens may film police officers, among other changes.

Parties in Labor Relations hearings must share stenographer costs

October
2015
Illinois Law Update
Page 18
The Board recently adopted an emergency amendment to Section 1200.50 Recording of Hearings that requires parties to equally share all costs charged to the Board by a stenographer. 80 Ill. Adm. Code 1200 (eff. July 15, 2015).

Parties may no longer demand a jury of 12

May
2015
Illinois Law Update
Page 16
The Code of Civil Procedure has been amended to restrict the number of jurors a party can demand in a civil jury trial.

Patent, Trade Secret, or Both: A General Practitioner’s Guide

By Martin B. Robins
February
2015
Article
Page 40
Should your client file for patent protection, or will simpler and less costly trade secret protection be enough?

Patients under age 18 eligible for compassionate use of medical cannabis

August
2015
Illinois Law Update
Page 16
New amendments to the Compassionate Use of Medical Cannabis Patient Registry adopted by the Illinois Department of Public Health (IDPH) have three primary implications. 77 Ill. Adm. Code (eff. May 15, 2015).

Pawn brokers license fees increase by $235.00

January
2015
Illinois Law Update
Page 16
Whereas the Department of Financial and Professional Regulation had previously charged $765 for a pawn broker license, the Department has increased this fee to $1,000 per year-a thirty-percent increase.

A pension crisis ‘for which the General Assembly itself is largely responsible’

By Matthew Hector
July
2015
LawPulse
Page 12
A look at the Illinois Supreme Court's reasoning in In re Pension Reform Litigation.

Pitching: Bring Your ‘A’ Game

By Charles J. Northrup
April
2015
Column
Page 44
There's nothing wrong with pitching yourself to a prospective client – as long as you follow key ethics rules.

Plan to Grow

By Ed Finkel
March
2015
Cover Story
Page 24
Lawyers and practice advisers explain the importance of strategic planning to long-term success.

Pleading deficiencies not cured by 2008 Administrative Review Law amendment

July
2015
Illinois Law Update
Page 18
On April 8, 2015, the Illinois Court of Appeals, Fourth District, held that a 2008 amendment to the Administrative Review Law does not save a complaint that named improper parties.

Pointers for Proving Future Damages

By Judge James M. Varga
August
2015
Article
Page 40
To successfully argue for or against future damages, lawyers must understand the meaning of "reasonable degree of medical certainty" and know when expert testimony is and isn't required.

Police officer’s noncompliance with section 30(c) of the State Police Act does not warrant evidentiary exclusion

August
2015
Illinois Law Update
Page 16
On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.

Possession of a firearm and ammunition deemed separate offenses

September
2015
Illinois Law Update
Page 18
On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.

Probate Act of 1975 allows delegation of expert witness fees

January
2015
Illinois Law Update
Page 16
The Illinois General Assembly has added language to the Probate Act of 1975 regarding the use of expert witnesses and payment for such services during the adjudication of disability and for appointment of a guardian.

Probate and ‘Underwater’ Real Estate: The Promise of LaPlume

By Fredric Bryan Lesser & Jeffrey P. O’Kelley
June
2015
Article
Page 24
A groundbreaking appellate case holds that probate courts can sell an estate's "underwater" real property free and clear of all liens, including mortgage liens.

Prohibition of transgender discrimination in health insurance practices

March
2015
Illinois Law Update
Page 20
As of July 1, 2015, discriminatory insurance practices against transgender persons will no longer be tolerated. 50 Ill. Adm. Code 2603 (eff. July 1, 2015).

Projects and Priorities for the Year Ahead

By Umberto S. Davi
August
2015
Column
Page 8
Expanding practice opportunities for law students and launching ISBA legal forms are just two of the items on this year's agenda.

Property owners may take dangerous wild animals on their property

February
2015
Illinois Law Update
Page 18
As of January 1, 2015, a person who owns or rents land, or their agent, may take, on his property, a gray wolf, American black bear, or cougar, as long as there is a reasonable expectation that the animal is stalking or causing an imminent threat of physical harm or death to another human, livestock, domestic animal, or structure or property on another owner's or tenant's land.

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