Illinois Bar Journal

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2018 Articles

Happy Holidays from ISBA Leaders

By James F. McCluskey
December
2018
Column
Page 10
Season's greetings from ISBA's president, president-elect, second and third vice presidents, and immediate past president.

Hello, Morgan County - and Thank You

By Hon. Russell W. Hartigan
January
2018
Column
Page 10
Meeting with lawyers around the state is one of my objectives as president.

Herding Fees

By Pete Sherman
October
2018
LawPulse
Page 12
Signed into law in August, the Criminal and Traffic Assessment Act standardizes court fees, takes effect next July, and sunsets in 2021.

Here Comes the Sun

By Pete Sherman
December
2018
LawPulse
Page 10
Illinois' ambitious renewable energy goal has been years in the making.

High court approves civil forfeiture of nondriving owner’s motorcycle

By Matthew Hector
April
2018
LawPulse
Page 10
The Illinois Supreme Court overturned the appellate court and upheld the seizure of a wife's motorcycle in connection with her husband's DUI, finding she was not an "innocent owner."

The high price of free email

By Matthew Hector
April
2018
LawPulse
Page 10
Are you using a free email account for your law practice? It's time to rethink that choice, a tech-minded ISBA member warns.

Hospital had duty to search mental health patient for weapons upon admittance to the hospital

August
2018
Illinois Law Update
Page 16
The Illinois Appellate Court rejected a hospital's affirmative defense that there was no evidence it proximately caused the death of a mentally unstable patient who had been shot to death by police at the hospital after a nurse discovered he had a gun.

How to Be Sure You’re Cybersecure

By Ed Finkel
February
2018
Cover Story
Page 22
Law firms and their trove of sensitive data are prime targets for hackers. Are you doing enough to protect yourself from cyber attacks?

How to Make Web Meetings Work

By Jennifer Ramovs
February
2018
Column
Page 48
Do you use web meetings to meet with clients? Read on to see why it might be a good time to start.

If the Illinois Labor Relations Board determines a union breached its duty of fair representation, an employee may be permitted to appeal an arbitration decision

July
2018
Illinois Law Update
Page 16
There is an exception to the general rule that an individual employee may not bring suit to appeal an arbitration decision under a collective bargaining agreement if the union breaches its duty of fair representation.

Illinois admits 401 new lawyers to the bar and the Young Lawyers Division tosses bean bags for charity.

By Pete Sherman
June
2018
Column
Page 46

Illinois’ ambient air quality standards aligned with new federal standards

August
2018
Illinois Law Update
Page 16
The Pollution Control Board (PCB) adopted amendments to the Air Quality Standards (35 Ill. Adm. Code 243 (effective May 29, 2018)) updating the Illinois ambient air quality requirements to correspond with those in the federal National Ambient Air Quality Standards (NAAQS) adopted by the United States EPA from July 1, 2017, through Dec. 31, 2017.

Illinois class action against Zillow.com thrown out

By Matthew Hector
July
2018
LawPulse
Page 10
U.S. District Court says plaintiffs' claims do not make the case for fraudulent or deceptive practices by Zillow.

Illinois high court addresses conflicts and the PD’s office, DUI blood draws

By Matthew Hector
January
2018
LawPulse
Page 12
The Illinois Supreme Court rules that 1) a hospital blood draw does not violate the Fourth Amendment without evidence it was ordered by the police, and 2) it's not a conflict for the public defender to represent multiple codefendants.

Illinois high court finds for hospital in apparent-agency case

By Matthew Hector
February
2018
LawPulse
Page 12
The court declined to hold a hospital vicariously liable under the apparent-agency doctrine for "the acts of…an unrelated, independent clinic" not a party to the lawsuit.

Illinois lawyer sues online reviewer for defamation

By Matthew Hector
May
2018
LawPulse
Page 12
A Chicago lawyer has filed a million-dollar lawsuit against a negative online reviewer.

Illinois-based biometric Facebook case becomes a class action

By Matthew Hector
June
2018
LawPulse
Page 10
The state's strict Biometric Information Privacy Act adds to Facebook's privacy woes.

Improper seizure resulted from defendants’ belief that they were detained when officer did not have authority to detain

April
2018
Illinois Law Update
Page 16
The Appellate Court of Illinois held that a search and seizure was improper where an officer did not have probable cause (nor a reasonable, articulable suspicion) to detain, and it was no longer a consensual encounter because a reasonable individual would not have believed they were permitted to leave the scene.

In camera hearing for the disclosure of secret surveillance locations must reveal the exact surveillance location, be limited in scope, and be conducted outside the presence of the State and defense

February
2018
Illinois Law Update
Page 18
The court reversed defendant's conviction and remanded for a new trial where the trial court improperly conducted an in camera hearing on the defendant's motion to reveal the surveillance location at which the police officer allegedly observed the defendant commit the offense.

Income tax complications clarified

December
2018
Illinois Law Update
Page 14
The Department of Revenue adopted three separately proposed rulemakings to provide guidance on how to correctly determine taxable income in Illinois (86 Ill. Adm. Code 100 (effective Sept. 24, 2018)).

Indecent exposure

By Matthew Hector
January
2018
LawPulse
Page 12
A group of Cook County public defenders is suing the sheriff and others in an effort to stop inmates from aggressively exposing themselves at the Cook County Jail.

Informal pathway behind condo building not subject to the Snow and Ice Removal Act

September
2018
Illinois Law Update
Page 16
On June 14, 2018, the First District Appellate Court of Illinois held that the term "sidewalk" under the Snow and Ice Removal Act's immunity provision is limited to the part of the public street reserved for pedestrian use that borders private residential property.

Injured, Insured, but not Protected

By Daniel C. Katzman
November
2018
Article
Page 38
The Illinois Health Care Lien Services Act complicates situations that involve injured patients, their insurance policies, hospital bills, and settlements. An analysis of common scenarios provides clarity for attorneys pursuing their injured clients' best interests.

Innocence challenge after guilty plea must present a truly persuasive demonstration of innocence through compelling evidence

December
2018
Illinois Law Update
Page 14
On Sept. 28, 2018, the First District Appellate Court of Illinois held that a defendant raising a freestanding actual innocence challenge after previously entering a guilty plea must present a truly persuasive demonstration of innocence in the form of compelling evidence.

An insurance company’s duty to defend depends on whether the type of accident that was caused by negligent entrustment is covered under the policy

June
2018
Illinois Law Update
Page 16
The Illinois Appellate Court reversed the lower court's holding that an insurance company does not have a duty to defend and found that the insurance company does have a duty to defend where the defendant policy holder negligently entrusted her vehicle to another (resulting in an accident).

Insurers required to search and compare insureds’ information for past insurance information

February
2018
Illinois Law Update
Page 18
The section of the Unclaimed Life Insurance Benefits Act that governs Insurer Conduct has been amended to reflect that insurers are required to search for and then compare past insurance information of insureds.

Invest in Kids Tax Credit created

June
2018
Illinois Law Update
Page 16
The Department of Revenue adopted an amendment to the Income Tax regulations (86 Ill. Adm. Code 100) (eff. Feb. 28, 2018) creating the Invest in Kids Credit and implementing Public Act 100-465.

An Irish-born Attorney and a Russian Artist

By Pete Sherman
July
2018
Column
Page 54
The story behind ISBA's 2018 Member Appreciation Month Social Media Contest winner.

Ironing Out the E-Filing Kinks

By Pete Sherman
October
2018
LawPulse
Page 12
Technology upgrades and software modifications are paving the way for smoother e-filing in Cook County.

Is Dropbox Safe?

By Barron K. Henley
December
2018
Column
Page 43
Options for encrypting and securing data shared online.

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