Illinois Bar Journal

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2018 Articles

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Unambiguous language of Motor Vehicle Code allows left turn at intersection into any available lane

December
2018
Illinois Law Update
Page 14
On Sept. 13, 2018, the Fourth District Appellate Court of Illinois held that a police officer did not have reasonable suspicion that criminal activity was afoot when he conducted an investigatory stop. Therefore, any evidence acquired after the stop was improperly recovered.

Understanding the Biometric Information Privacy Act Litigation Explosion

By Charles N. Insler
March
2018
Article
Page 34
The Biometric Information Privacy Act has made Illinois a national litigation hotbed, spawning suits against companies ranging from Google and other tech giants to tanning salons. Here's why it's happening and how defendants are responding.

Understanding the Limits on Indemnity Agreements

By Scott O. Reed
January
2018
Article
Page 34
Do indemnity agreements typically require payment of the indemnified party's attorney fees? Can a party cap the amount of its liability, or is doing so against public policy? Here's a look at some of the key questions that arise in indemnity contracts.

Unified Code of Corrections amended to provide for a permanent “Women’s Division”

June
2018
Illinois Law Update
Page 16
These amendments to the Unified Code of Corrections provide for the creation of a permanent Women's Division, with the statewide authority to oversee all of the Department of Corrections' women's correctional centers and women's adult transition centers.

Uniform Flexibility

By Rhys Saunders
August
2018
LawPulse
Page 10
Illinois approves the Uniform Bar Examination, giving law school students more options in the marketplace.

Upon leave of court, receivers may seek increased rent under lease agreements when “necessary to operate, manage, and conserve” the property

July
2018
Illinois Law Update
Page 16
The Illinois Appellate Court held that nothing in the statutory language of section 15-1704(g) of the Illinois Mortgage Foreclosure Law indicates an intent to allow increases in rent only from occupants who pay rent without a lease agreement.

Use of “we” or “our” is not sufficient language to infer irrevocability of will

December
2018
Illinois Law Update
Page 14
On Sept. 13, 2018, the First District Appellate Court of Illinois held that a "Mutual Last Will and Testament" executed by a decedent and her husband was not a joint and mutual will, as the frequent use of "we" and "our" was not sufficient to infer that the testators' intent was to create an irrevocable will.

Used vehicle dealers now required to use Electronic Registration and Titling program

October
2018
Illinois Law Update
Page 18
On July 23, 2018, the Secretary of State adopted amendments to Certificates of Title, Registration of Vehicles (92 Ill. Adm. Code 1010 (effective Jan. 1, 2019)), adding used vehicle dealers to the list of entities required to use the Electronic Registration and Titling program (ERT).

Vehicle Code now clear on back-up lamp colors

October
2018
Illinois Law Update
Page 18
Section 12-209 of the Illinois Vehicle Code was amended to specify that back-up lamps on motor vehicles must emit a white or amber light, without glare, when the vehicle is reversing.

Veteran-owned businesses now eligible for Rural Micro-Business Loan Program, dollar limits raised

June
2018
Illinois Law Update
Page 16
Veteran-owned businesses are now eligible for certain business participation loans under the Illinois Small Business Development Program, as the Department of Commerce and Economic Opportunity ("DCEO") has implemented Public Act 100-377 (14 Ill. Adm. Code 570) (eff. Mar. 2, 2018).

Wardship: The Juvenile Court Act’s All-Important Temporary Custody Hearing

By Travis Livermore
April
2018
Article
Page 38
In a wardship proceeding, a parent's continuing custody of a child is on the line. The temporary custody proceeding is especially critical and offers little-known opportunities for lawyers who represent parents.

Weighing in on Fee Sharing

By Rhys Saunders
October
2018
LawPulse
Page 12
ISBA raises concerns with ARDC study examining for-profit matching services.

What’s Not to “Like”?

By Dustin J. Karrison
November
2018
Article
Page 28
Social media sites provide attorneys with many more ways to pursue and defend the claims of clients during trial. Establishing social media content as evidence is now easier and less expensive thanks to new amendments to the Illinois Rules of Evidence.

When Can - and Should - Court Records Be Sealed?

By Ashley Hinkle
March
2018
Article
Page 38
The public has a strong right of access to court documents in Illinois. When can that right give way to a litigant's desire to keep things under wraps? Should lawyers have a professional responsibility to protect the public from harm caused by keeping client records private?

When Lincoln Learned What Not to Say

By Ron Spears
May
2018
Column
Page 46
In the 1840s, Lincoln learned the hard way that bullying and belittling words can produce embarrassing, even dangerous, consequences.

When Young Voters Participate, Democracy Wins

By Hon. Russell W. Hartigan (ret.)
May
2018
Column
Page 10
Will increased engagement by Millennials lead to civic reform? There's reason for optimism.

Who Can Receive Service for a Corporate Defendant?

By Jake Crabbs
February
2018
Article
Page 26
The Illinois Code of Civil Procedure allows for service of process on "any agent" of a corporate defendant. But for plaintiffs, determining which employees are "agents" is not as simple as it may seem.

Without satisfying the prerequisites of the business record exception, testimony on historical cell-site location data is hearsay

June
2018
Illinois Law Update
Page 16
The Illinois Appellate Court reversed a jury conviction of armed robbery with a firearm as the trial court erred in admitting a detective's testimony as to historical cell-site analysis (HCSA) evidence, which was both hearsay and prejudicial.

Women Flying Solo

By Ed Finkel
May
2018
Cover Story
Page 22
Seasoned female lawyers talk about the special challenges women face when they hang out their solo shingles.

Young Lawyers Division hosts a Day at the Orchard.

November
2018
Column
Page 54

Your Success and Well-Being

By James F. McCluskey
July
2018
Column
Page 8
In his inaugural column, James F. McCluskey focuses on attorney wellness and the ISBA's efforts to provide essential resources to members.

Pages