2017 Articles

Correspondence from Our Readers

June
2017
Column
, Page 8
Estate planners and malpractice claims.

Correspondence from Our Readers

April
2017
Column
, Page 8
Rule 23: At odds with stare decisis?

Correspondence from Our Readers

March
2017
Column
, Page 8
Student loans and bankruptcy.
1 comment (Most recent March 4, 2017)

Correspondence from Our Readers

February
2017
Column
, Page 8
Getting rid of Rule 23.

Correspondence from Our Readers

January
2017
Column
, Page 8
Flag burning; the new chief justice; wear a suit.

Countdown to Mandatory E-Filing

By Ed Finkel
June
2017
Cover Story
, Page 26
Illinois attorneys soon will have to file civil cases electronically. Here's how you can be ready on day one.

Court finds petitioner’s failing health and desire to re-wed constitute “appropriate circumstances” for bifurcation of emergency divorce proceedings

March
2017
Illinois Law Update
, Page 28
The First District Appellate Court found no abuse of discretion in a trial court's decision to grant an emergency petition to bifurcate the parties' divorce proceedings.

Court halts rule raising wage threshold for exempting workers from overtime

By Matthew Hector
January
2017
LawPulse
, Page 14
Just days before it was to take effect, a federal district court in Texas issued an injunction against implementing the Department of Labor's new overtime rule.

Courthouses must post notices with information for filing a complaint against a judge

October
2017
Illinois Law Update
, Page 18
The court clerk is required to post a notice containing information for filing a complaint against a judge.

Court’s decision to order contribution for support of disabled adult child reversed for use of improper authority

July
2017
Illinois Law Update
, Page 18
A father who was ordered to pay $350 per week to the mother and official guardian of his adult disabled daughter, successfully appealed the trial court's order for its reliance on the Probate Act of 1975 (755 ILCS 5.1-1 et seq.) rather than the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/513.5).

Deadly synthetic opioid added to Schedule I list of controlled substances

May
2017
Illinois Law Update
, Page 16
The Illinois Department of Human Services (DHS) amended the Schedule of Controlled Substances, adding the synthetic opioid U-47700 to the list of controlled substances.

The Debate Over Insurance Coverage for Alleged ‘Blast Fax’ Violations

By Richard J. Vanswol
October
2017
Article
, Page 40
A look at theories under which courts have required insurers to cover alleged Telephone Consumer Protection Act violations and the evolving legacy of those cases in coverage law and beyond.

Deconstructing Less-than-Constructive Criticism

By Karen Erger
February
2017
Column
, Page 46
Even gentle criticism can be painful, and not all criticism is gentle. But learning to listen is essential to your professional and personal growth.

Defendants entitled to counsel at bail hearings

September
2017
Illinois Law Update
, Page 18
Persons charged with a criminal offense are allowed counsel at bail hearings. If a defendant wants counsel for the initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney to represent him or her for the purposes of that hearing.

Defendant’s passport, probation card, and prescriptions found inside of apartment were not sufficient to show that defendant lived in the apartment

July
2017
Illinois Law Update
, Page 18
Terrell was convicted of unlawful possession of a weapon and multiple counts related to drug possession and intent to distribute after officers found the illegal items in an apartment that contained items linked to him.

The denial of a motion to dismiss is not appealable following entry of a separate final judgment terminating the litigation

November
2017
Illinois Law Update
, Page 20
The Illinois Appellate Court held that a section 2-619 motion to dismiss is not appealable following the entry of a subsequent final order terminating the litigation.

Department of Human Rights authorized to develop pilot project for electronic filing

December
2017
Illinois Law Update
, Page 16
The Department of Human Rights adopted amendments allowing the Department to develop an Electronic Filing Pilot Project providing procedures for electronic signatures and the electronic filing of documents when complaints or charges against an employer are filed with the Department.

Department of Human Services to establish a Healthy Local Food Incentives Program

June
2017
Illinois Law Update
, Page 18
This Act, which amends the State Finance Act and the Illinois Public Aid Code, requires the Department of Human Services (DHS) to establish a Healthy Local Food Incentives Program to double the purchasing power of Illinois residents with limited access to fresh fruits and vegetables.

Department of Insurance to require full collateralization for some workers’ compensation policies

March
2017
Illinois Law Update
, Page 28
New regulations by the Illinois Department of Insurance require policyholders with a large deductible to fully collateralize their obligations under the agreement.

The Department of Public Health expands definitions of health care professional and partner services

May
2017
Illinois Law Update
, Page 16
Amendments to the Control of Sexually Transmissible Infections Code add those certified to provide HIV testing and counseling to the definition of health care professional.

Department updates Medical Payment qualifiers and procedures

April
2017
Illinois Law Update
, Page 22
The Department of Healthcare and Family Services adopted several amendments under Part 140: "Medical Payment," for the Department's medical programs.

DHFS implements multiple new laws

June
2017
Illinois Law Update
, Page 18
The Department of Healthcare and Family Services adopted extensive amendments to Child Support Services to implement several different public acts.

Digital-Age Document Management: A How-to Guide

By Ed Finkel
May
2017
Cover Story
, Page 20
Document management is so much easier in the digital age (think searchability) - and so much harder (think security). But with mandatory e-filing coming soon to Illinois, the stakes for getting it right have never been higher.
1 comment (Most recent May 6, 2017)

‘Direct impact’ still required in claims for negligent infliction of emotional distress

By Matthew Hector
February
2017
LawPulse
, Page 14
The Illinois Supreme Court rules that a direct victim suing for negligent infliction of emotional distress must allege physical impact, surprising those who thought the rule had been abrogated.

Discharging Student Loans in Bankruptcy: Yes, it Can Be Done

By Joshua Gross
February
2017
Article
, Page 26
Student loans, unlike most debts, are nondischargeable unless you meet the stringent "undue hardship" test. But debtors with the right evidence and characteristics can get their loans discharged.

Dismissal with prejudice for Rule 137 violation requires specific finding that lesser penalties do not suffice

June
2017
Illinois Law Update
, Page 18
The first appellate district upheld a violation of Illinois Supreme Court Rule 137 and remanded for further proceedings to determine whether dismissal with prejudice was the appropriate sanction.

Divorce, Death, and Retirement Benefits

By Dorothy A. Voigt
June
2017
Article
, Page 32
When retirement-plan participants die, what happens to their ex-spouses' benefits? This article looks at a variety of death-after-divorce benefit division scenarios.

Divorce, email, and the Wiretapping and Electronic Surveillance Act

By Matthew Hector
February
2017
LawPulse
, Page 14
The seventh circuit okays a lawsuit by a divorcing husband who alleges his wife intercepted his email in violation of the federal Wiretapping and Electronic Surveillance Act.
2 comments (Most recent February 14, 2017)

Does the rule against shackling juveniles cost counties money?

By Matthew Hector
April
2017
LawPulse
, Page 22
The Winnebago County chief judge says he needs more staff to comply with the new Supreme Court Rule limiting when minors may be restrained during court.

Duties of a personal guardian under the Probate Act expanded to accommodate the ward’s adult children’s rights

January
2017
Illinois Law Update
, Page 20
Section 11a-17 of the Probate Act was amended to add a new subsection expanding a guardian's duties to include making reasonable efforts to communicate with a ward's adult children regarding the ward's status.