Illinois Bar Journal

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2016 Articles

Higher education centers may cultivate industrial hemp for research

December
2016
Illinois Law Update
Page 16
The Department of Agriculture ("DOA") adopted a new Part entitled Industrial Hemp Pilot Program, establishing a pilot program under which institutions of higher education may receive approval from DOA to cultivate industrial hemp.

A Home Away from Home, Courtesy of ISBA Mutual

By Umberto S. Davi
April
2016
Column
Page 10
ISBA members can thank an old friend for a new meeting place.

Homeowners’ insurance companies must defend policy holders even if policy provisions exclude some alleged proximate cause theories

April
2016
Illinois Law Update
Page 18
The First District Appellate Court ruled that defendant's homeowners' insurance company had a duty to defend him after his friend overdosed at his home, even though his policy excluded liability for bodily injury arising out of the use of controlled substances.

The Honorable Darrows

April
2016
Column
Page 53
Mike and Sara Darrow on what it's like to be husband-and-wife judges.

Hospital patients may be deemed presumptively eligible for Medicaid

May
2016
Illinois Law Update
Page 16
The Department ("HFS") amended the Illinois Public Aid Code to create "Hospital Presumptive Eligibility" ("HPE") as required by the Affordable Care Act. 89 Ill. Adm. Code 120 (eff. Jan. 20, 2016).

Hospitals have no duty to ensure patients’ subjective understanding of consent forms to avoid apparent agency liability

August
2016
Illinois Law Update
Page 18
On May 9, 2016, the Illinois Appellate Court held that a trial court properly dismissed plaintiff's apparent agency claim against a hospital.

House bill proposes to give counties more control over weight limits for vehicles on highways

August
2016
Illinois Law Update
Page 18
House Bill 6427 would amend the Illinois Highway Code and the Illinois Vehicle Code to allow counties to impose weight limits on vehicles.

How many pages long are supreme court opinions?

By Kirk C. Jenkins
May
2016
Column
Page 48
How many pages long are supreme court opinions?

How medical marijuana cultivators should calculate tax liability for cannabis-infused products

May
2016
Illinois Law Update
Page 16
The Department adopted an emergency amendment to the Medical Cannabis Cultivation Privilege Tax Law in order to provide guidance to medical marijuana cultivators. 86 Ill. Adm. Code 429 (eff. Feb. 3, 2016).

Human bodies may be transferred out-of-state for organ and/or tissue donation harvesting

October
2016
Illinois Law Update
Page 18
The Department of Public Health adopted amendments to allow for the temporary removal of a dead human body to an out-of-state location for organ and/or tissue harvesting.

IBF elects officers, announces 2016 one-year legal fellowships; ISBA supports rule change to limit shackling of juveniles.

August
2016
Column
Page 54
The Illinois Bar Foundation, the charitable arm of the ISBA, has elected its officers for the 2016-17 fiscal year. ISBA President Vincent F. Cornelius testified before the Illinois Supreme Court Rules Committee last month in support of Proposal 15-05

IBF ‘Legal Answers’ service; Fastcase kiosk

October
2016
Column
Page 56
IBF helps fund new 'Legal Answers' service for low-income Illinoisans; new Fastcase kiosk available at ISBA Chicago office.

Identification of a known minor victim required in charging documents to preserve criminal defendant’s rights

April
2016
Illinois Law Update
Page 18
The Illinois Supreme Court affirmed the appellate court's holdings, which approved the trial courts' dismissal of criminal charges because of an insufficient charging document.

Illinois - the third best ‘real billing rate’ nationwide for solos and smalls?

By Matthew Hector
December
2016
LawPulse
Page 10
When billing rates are compared to the cost of living, Illinois is the third most lucrative state in which to practice for small-firm lawyers, according to Clio's Legal Trends Report.

Illinois Appellate Court overturns forfeiture on Eighth Amendment grounds

By Matthew Hector
November
2016
LawPulse
Page 12
The Illinois fifth appellate district invalidated seizure by law enforcement of a Harley Davidson trike, basing its ruling on the Eighth Amendment's excessive fines clause.

The Illinois Budget: Finding Materials

By Tom Gaylord
July
2016
Column
Page 42
How to find information about the Illinois budget despite the impasse.

Illinois Supreme Court declines to extend property rights to unmarried partners

By Matthew Hector
October
2016
LawPulse
Page 12
In Blumenthal v. Brewer, the Illinois Supreme Court held that Hewitt v. Hewitt is good law and unmarried cohabitants can't enforce marriage-like property rights.

Illinois Supreme Court overturns six-person-jury statute

By Matthew Hector
November
2016
LawPulse
Page 12
The high court ruled that the Illinois Constitution guarantees the right to a 12-person jury.

IllinoisBarDocs forms available; March Solo & Small Firm Practice Institute; 2016 ISBA election; Spears retires.

February
2016
Column
Page 52
IllinoisBarDocs, the ISBA's new suite of automated legal forms, is now available at an introductory price of $150 per year for a one year subscription.

IllinoisBarDocs: ISBA’s Affordable Forms

By Timothy A. Slating
January
2016
Article
Page 28
The ISBA is launching a document assembly system.

IllinoisBarDocs: Smart Forms for ISBA Members

By Umberto S. Davi
May
2016
Column
Page 8
The ISBA's affordable library of fully automated legal forms can save you time and money.

The incredible shrinking junk-fax case

By Matthew Hector
September
2016
LawPulse
Page 12
In Holtzman II, the seventh circuit ruled that a lawyer who owed up to $4.2 million for sending 8,430 "junk" faxes would only have to pay recipients who actually claimed their $500 award.

Individuals with annual tax liabilities of $200k required to pay by electronic funds transfer

October
2016
Illinois Law Update
Page 18
Individual taxpayers with annual tax liabilities of $200,000 or more, and other entities with annual tax liabilities of $20,000 or more, must make all payments to the Department of Revenue by electronic funds transfer.

Inherited individual retirement accounts not exempt from § 12-1006 civil code collection under a marriage settlement agreement

February
2016
Illinois Law Update
Page 18
On September 14, 2015, the First District Appellate Court held that funds in an inherited IRA are not exempt from collection under the retirement plan exemption of section 12-1006 of the Illinois Code of Civil Procedure.

Insurance companies may destroy unneeded records

August
2016
Illinois Law Update
Page 18
The Department of Insurance adopted amendments to the Part now entitled "Disposal and Destruction of Records," previously entitled "Destruction of Records." 50 Ill. Adm. Code 901 (eff. May 23, 2016).

Integrity of video gaming play reexamined by the Gaming Board

September
2016
Illinois Law Update
Page 18
The Illinois Gaming Board amended its Video Gaming (General) regulations to impose new restrictions on video gaming terminal (VGT) play in order to ensure its integrity.

Is Avvo violating attorneys’ right of publicity?

By Matthew Hector
April
2016
LawPulse
Page 12
A Chicago lawyer has filed a class action lawsuit alleging that Avvo's advertising practices violate Illinois' Right of Publicity Act.

Is it Time to Update Your LinkedIn Profile?

July
2016
Column
Page 47
Freshen up your photo, add skills, and take other steps to optimize your presence on LinkedIn.

The Journey Thus Far

By Vincent F. Cornelius
November
2016
Column
Page 10
A late-fall look at 2016-17 projects and priorities.

Judging judges

By Matthew Hector
November
2016
LawPulse
Page 12
There's a growing amount of sophisticated information about judges for voters and practitioners. But you still can't beat insights from fellow lawyers.

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