Illinois Bar Journal

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2018 Articles

Buying Foreclosed Condominiums: The Risk of Unpaid Assessments

By Julianne M. Dailey
June
2018
Article
Page 38
Despite the common belief that all prior liens are extinguished by foreclosure, condominium purchasers may learn they're liable for unpaid assessments. What's more, murky caselaw makes advising clients a challenge.

Campaign contribution limits raised, ballot forfeiture loophole closed

September
2018
Illinois Law Update
Page 16
Pursuant to the Election Code's statutorily mandated increases for inflation, the State Board of Elections adopted amendments to Campaign Financing (26 Ill. Adm. Code 100 (effective June 19, 2018)) establishing new limits for political contributions.

CARA from Casetext: A Cure for Legal Research FOMO

By Jesse Bowman
January
2018
Column
Page 46
Do you suffer from research FOMO - fear of missing out? A for-fee service lets you upload your brief and get a report of cases you've missed.

Case remanded for proper admonishments regarding appeal process

May
2018
Illinois Law Update
Page 18
On February 26, 2018, the first district appellate court remanded, with direction, a case to the trial court to give proper admonishments regarding perfecting an appeal, and to allow the defendant the opportunity to file proper post-plea motions, per Rule 605(c).

Changes in income tax exemptions

February
2018
Illinois Law Update
Page 18
The Department of Revenue adopted amendments that codify the amount of the standard personal exemption for taxpayers, the amount of additional exemptions for the blind and elderly, and a cost-of-living adjustment to the standard exemption in future years (86 IAC 100; 41 Ill. Reg. 6436 (eff. Nov. 11, 2017)).

Changes to the Code of Civil Procedure regarding divorces

May
2018
Illinois Law Update
Page 18
The Code of Civil Procedure was amended to require notice be given for any name change involving a minor and the Illinois Marriage and Dissolution of Marriage Act received updates to its provisions regarding the use of former or maiden names and maintenance payments.

Changes to the Illinois Criminal Justice Information Act, Illinois Vehicle Code, and Cannabis Control Act

May
2018
Illinois Law Update
Page 18
Section 7 of the Illinois Criminal Justice Information Act, which generally grants the Illinois Housing Development Authority specific powers and responsibilities, was amended to enable the Authority to develop, publish, and facilitate the implementation of a 4-year statewide violence prevention plan.

Chicago ‘O’Keefe’ firms settle naming dispute

By Matthew Hector
May
2018
LawPulse
Page 12
One Chicago property tax firm had sued another, newer firm with a similar name.

Chicago Park District not liable for bike accident on Lakefront Trail

By Matthew Hector
February
2018
LawPulse
Page 12
The Illinois Supreme Court ruled that a bicyclist who fell because of a crack in Chicago's Lakefront Trail had not shown the park district was guilty of willful and wanton conduct.

Clarification of “plain language” meaning in the Illinois Plain Language Task Force Act

November
2018
Illinois Law Update
Page 18
The Illinois Plain Language Task Force Act is amended by the following changes. The newly amended mission of the Illinois Plain Language Task Force is to implement, monitor, and maintain the mission of the Act.

A colleague is neglecting clients - what should you do?

By Matthew Hector
March
2018
LawPulse
Page 18
If a fellow lawyer is neglecting files frequently and in a way that materially harms clients, you might have a duty to report it.

Comma-On

By Justice Michael B. Hyman
December
2018
Column
Page 46
A tribute to the importance and power of the Oxford comma.

Common-interest exception to the waiver of attorney-client and work-product privileges recognized for co-defendants sharing information

March
2018
Illinois Law Update
Page 24
The First District Appellate Court recognized a "common-interest" exception to the waiver of attorney-client and work-product privileges where two co-defendants met and shared information about the lawsuit as part of a "joint defense agreement."

Condominium Property Act does not require condo association to file suit to collect unpaid assessment from foreclosure buyer

August
2018
Illinois Law Update
Page 16
Plaintiff bought a condominium unit at a judicial foreclosure sale. Defendant demanded that Sylva pay assessments that accrued during the prior owner's ownership of the condominium.

Consistent documentation and data guidelines provided for toxicology tests

August
2018
Illinois Law Update
Page 16
The Department of State Police adopted a new regulation titled Disclosure of Forensic Laboratory Toxicological Testing Results (20 Ill Adm. Code 1287 (effective May 15, 2018)) that aims to create more uniformity in toxicology evidence produced by the department that would lead to a proper, well-formed determination of the admissibility of toxicology evidence.

Cook County gets an e-filing extension

By Matthew Hector
February
2018
LawPulse
Page 12
A number of counties asked for more time to transition to statewide mandatory e-filing. The supreme court granted some but not all requests and attached conditions to the reprieves.

Cornell Law’s Legal Information Institute

By Jesse Bowman
September
2018
Column
Page 42
Cornell Law's Legal Information Institute is a free online resource that offers convenient search tools and tons of materials.

Correspondence from Our Readers

By William R. Coulson, David D. Carrozzo, & Nerino J. Petro
May
2018
Column
Page 8
Do you need a password manager?

Correspondence from Our Readers

By Wesley J. Coulson, Michael D. Poulos, & Sandra Crawford
March
2018
Column
Page 8
Newspaper legal notices: a 'print-era anachronism'? Pets and divorce.

Correspondence from Our Readers

By Herb Franks, Michael D. Poulos, & Donald L. Shriver
February
2018
Column
Page 8
Sleeping judges.

Cost-Conscious Current Awareness

By Jesse Bowman
March
2018
Column
Page 50
It's never been easier or cost less to stay abreast of recent legal developments.

Counsel’s failure to object to de minimis fines does not render the representation constitutionally deficient

February
2018
Illinois Law Update
Page 18
Trial counsel's failure to object to de minimis fines does not constitute a performance so inadequate as to render the representation constitutionally deficient in violation of the Sixth Amendment's right to counsel.

Court awards rent accrued during bankruptcy stay and attorneys’ fees to receiving trust of mortgage foreclosure

June
2018
Illinois Law Update
Page 16
Randhurst Crossing had commercial property that was subject to foreclosure. Randhurst filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings.

Court held that the Bradford physical authority test applies to all retail theft cases in reversing burglary conviction

April
2018
Illinois Law Update
Page 16
In July 2014, defendant Darren Johnson was arrested for shoplifting $76.91 worth of clothing from a local Wal-Mart. The state charged the defendant with retail theft and burglary.

Court must question defendant after alleging ineffective assistance of counsel at posttrial hearing

August
2018
Illinois Law Update
Page 16
The Illinois Appellate Court ruled that a trial court failed to ask follow-up questions after a defendant made a claim of ineffective assistance of counsel. Additionally, pepper spray used on a store clerk is a "dangerous weapon" within the meaning of the armed robbery statute.

Court must stay proceedings of related issues pending arbitration under nursing-home-residence agreement

July
2018
Illinois Law Update
Page 16
Serving as the personal representative of his wife's estate, the plaintiff brought suit against defendants Silvis Operations, LLC (which owns and operates Lighthouse of Silvis, an assisted living facility in Silvis, Illinois) and Cynthia McCoy (a nurse at that facility).

Court-appointed counsel provided ineffective assistance of counsel by failing to amend a petition to overcome the procedural bar of untimeliness

March
2018
Illinois Law Update
Page 24
The appellate court reversed and remanded the dismissal of a petition for relief from judgment where it found that court-appointed counsel failed to provide adequate assistance of counsel by not amending its petition to overcome the procedural bar of untimeliness.

Court: Suit based solely on technical violations of biometric privacy law can’t go forward

By Matthew Hector
February
2018
LawPulse
Page 12
The second district rules that plaintiffs can't sue for being fingerprinted without disclosures or consent unless they allege some harm beyond those technical violations of the act.

Courts required to report unsatisfied judgments against uninsured motorists

November
2018
Illinois Law Update
Page 18
The Secretary of State adopted amendments to Illinois Safety Responsibility Law (42 Ill. Adm. Code 6601 (effective Aug. 23, 2018)).

Creation of fictitious Facebook profile to connect with ex-wife and access images of her leads to conviction for aggravated stalking

September
2018
Illinois Law Update
Page 16
On June 27, 2018, the Second District Appellate Court of Illinois affirmed the conviction of a man accused of violating an order of protection, stalking his ex-wife, and aggravated stalking of his ex-wife because of his social media usage.

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