Illinois Bar Journal

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2016 Articles

Petitions for Leave to Appeal: Smoothing Your Path to Illinois Supreme Court Review

By J. Timothy Eaton
March
2016
Article
Page 40
The supreme court receives thousands of petitions every year from unsuccessful appellate litigants, but it hears only a few. Here's how to increase the odds that yours will be one.

Pilot program aims to improve the administrative hearings process

By Matthew Hector
June
2016
LawPulse
Page 12
It will take more than a one-year pilot program to make a dent in the big backlog of administrative hearings, an ISBA lawyer says.

Pleading Lack of Knowledge: Not a Denial Under Illinois Law

By Edward S. Margolis
July
2016
Article
Page 44
Practitioners and judges should be aware that pleading lack of knowledge in response to an allegation in a civil case is not a denial and should not be treated as one in subsequent pleadings.

Police’s unauthorized entry of home after auto accident violates the Fourth Amendment

August
2016
Illinois Law Update
Page 18
On May 9, 2016, the Appellate Court of Illinois upheld a trial court's ruling to suppress evidence obtained by a warrantless entry into defendant's home.

Possession of small amounts of cannabis now civil offense

October
2016
Illinois Law Update
Page 18
The Cannabis Control Act has been amended to provide lesser punishments for possession of small amounts of cannabis.

The Power of Pocket-Sized Plans

By Karen Erger
December
2016
Column
Page 46
Big plans may stir the blood, but making a series of small, attainable changes in the New Year might be the surest route to improvement.

The President’s Club Needs You!

By Umberto S. Davi
March
2016
Column
Page 12
There's still time to join the 2016 ISBA President's Club and help build a stronger ISBA.

Preventive Regulation

By Ed Finkel
June
2016
Cover Story
Page 22
Illinois attorney regulators are taking a hard look at "proactive management-based regulation," which would encourage - and perhaps someday require - lawyers to put systems in place that help prevent ethical missteps before they happen.

Private parties can bring suit for violations of § 13-72-030 of the Chicago Municipal Code

January
2016
Illinois Law Update
Page 18
Plaintiffs sued LAB Townhomes alleging: (1) breach of the implied warranty of habitability; (2) fraud; (3) negligence; (4) breach of section 13-72-030 of the Chicago Municipal Code's prohibition against misrepresenting material facts in the course of marketing and selling real estate; and (5) breach of a fiduciary duty.

A Proposal to Revise Verdict Forms for Contribution and Apportionment

By Hon. Donald J. O’Brien Jr. & Cadence Tuttle
March
2016
Article
Page 46
The authors argue that among other shortcomings, verdict forms for contribution and apportionment of liability in tort cases fail to account for a fundamental reality: contribution is a defendant's right, not the plaintiff's.

Proposed amendments to the Real Estate License Act of 2000

February
2016
Illinois Law Update
Page 18
The Department proposed amendments to the Real Estate License Act of 2000 clarifying the educational requirements for transferring licensees.

Proposed legislation makes sweeping changes to the Illinois LLC Act

By Matthew Hector
July
2016
LawPulse
Page 12
Among other changes, the new law - which draws from the Revised Uniform Limited Liability Company Act - would allow LLC members and managers to waive some fiduciary duties.

Rare African-American female firm in national spotlight

By Matthew Hector
October
2016
LawPulse
Page 12
Chicago-based Knight, Morris & Reddick uses technology and an entrepreneurial spirit to carve out niches in real estate, estate planning, and other practice areas.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Hon Russell W. Hartigan
December
2016
Column
Page 8

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Hon Russell W. Hartigan
November
2016
Column
Page 9

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Hon Russell W. Hartigan
October
2016
Column
Page 8

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Vincent F. Cornelius
January
2016
Column
Page 9

Reasonable description of land is sufficient for condemnation

September
2016
Illinois Law Update
Page 18
On June 30, 2016, the Appellate Court of Illinois held that the circuit court did not err in finding that the Illinois State Toll Highway Authority was authorized to condemn land around I-90.

Records under the Mental Health and Developmental Confidentiality Act are protected from disclosure

March
2016
Illinois Law Update
Page 26
The Mental Health and Developmental Confidentiality Act was amended by changing what constitutes a record and when records are protected from disclosure.

Registration and renewal of registration requirements have been increased for registered certified pharmacy technicians

March
2016
Illinois Law Update
Page 26
The Pharmacy Practice Act has been amended in part to modify requirements to become a registered certified pharmacy technician.

Regulation of water pollution relaxed to aid in administration of permits

September
2016
Illinois Law Update
Page 18
In an attempt to streamline the process relating to water pollution permits, the Pollution Control Board adopted amendments to the Permits section of Title 35.

Remembering the Richard Speck Trial

By Mark J. Phillips & Aryn Z. Phillips
November
2016
Article
Page 46
Richard Speck's brutal murder of eight student nurses in Chicago 50 years ago shocked America, and the highly publicized trial posed tough challenges to the Illinois criminal justice system.

Removing hypertechnicality from administrative review

By Matthew Hector
February
2016
LawPulse
Page 12
Proposed amendments to administrative law would allow lawyers to correct their minor procedural missteps and avoid costly damage to their clients.

Representing Clients Under the New Illinois Pregnancy Accommodation Act

By Jennifer Purcell
February
2016
Article
Page 26
An overview of the groundbreaking Illinois Pregnancy Accommodation Act and what it means for employers and employees.

Required vaccinations for incoming students at Illinois higher education institutions

October
2016
Illinois Law Update
Page 18
The Department of Public Health adopted amendments to require additional vaccinations for all incoming students at Illinois higher education institutions.

Researching Opposing Counsel, Judges, and Juries on the Internet

January
2016
Column
Page 52
A look at some of the best tools, from simple to complex.

Revisions to the Home Health, Home Services, and Home Nursing Agency Code clarify distinctions and obligations between agencies

March
2016
Illinois Law Update
Page 26
Amendments to 77 Ill. Adm. Code 245 (eff. Dec. 10, 2015) contain a number of substantive changes in the definitions and duties of the various home health care services covered by the Code.

The Right of Redemption in a Mechanics Lien Foreclosure

By Adam Whiteman
January
2016
Article
Page 46
When a property subject to only a mechanics lien is sold at a sheriff's sale, the law grants an owner six months after the sale to redeem. Note this when drafting final orders in a foreclosure case.

Rights of land trust beneficiaries shall not be impaired by change of trustee

October
2016
Illinois Law Update
Page 18
Under the new Land Trust Beneficiary Rights Act, the rights of land trust beneficial owner(s) shall not be impaired by the change of trustee if beneficial owner(s) remain the same.

Ruling under the Workers’ Occupational Diseases Act affirmed where claimant’s expert testimony inadmissible under Frye standard

October
2016
Illinois Law Update
Page 18
The Fourth District Appellate Court affirmed an arbitration decision against the claimant who argued on appeal that the Illinois Workers' Compensation Commission's review erred in...

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