Illinois Bar Journal

2019 Articles

The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622

By Christopher Michels
February
2019
Article
, Page 32
When bringing a healing-arts malpractice claim in Illinois, who should bring the suit, what statutes are helpful, and what damages can be sought? What does section 2-622 require?

Man cannot force former fiancée to return diamond engagement ring

June
2019
Illinois Law Update
, Page 14
The plaintiff filed replevin action against his former fiancée for the return of a diamond engagement ring he had given to her.

Manage Your Time, or It Will Manage You

By Ed Finkel
March
2019
Cover Story
, Page 26
Why do lawyers struggle with getting things done?

Maxing Out

By Pete Sherman
June
2019
LawPulse
, Page 10
Drug offenders in the Central District of Illinois are more likely to face longer sentences than anywhere else in the country.

May All Be Well With You

By James F. McCluskey
June
2019
Column
, Page 8
ISBA President James F. McCluskey closes out his presidential year with many thanks and highlights of his term.

Medicaid-managed clinics to report data electronically

January
2019
Illinois Law Update
, Page 16
Following a change to the Illinois Public Aid Code, Medicaid-managed care organizations must now submit all regular reports required, either by contract or statute, electronically. Ad hoc reports may be collected in alternative manners.

Medical cannabis may be prescribed instead of opioids

January
2019
Illinois Law Update
, Page 16
With the passage of the Alternatives to Opioids Act of 2018, Illinois has expanded the group of patients eligible for the existing medical cannabis program: Those who would have otherwise been prescribed opioids.

Medical Cannabis Program employed as an alternative to opioid use

July
2019
Illinois Law Update
, Page 16
The Department of Public Health (“DPH”) adopted amendments to the Part titled Compassionate Use of Medical Cannabis Pilot Program and replaced emergency amendments that were effective in Dec. 1, 2018 (77 Ill. Adm. Code 946 (effective April 17, 2019)).

New act increases number of state contracts given to minority-owned businesses

November
2019
Illinois Law Update
, Page 14
The Secretary of State (SOS) adopted an amendment to SOS Standard Procurement, set to sunset on June 30, 2020, implementing Public Act 100-801, which adjusts the aspirational goal of awarding at least 20 percent of the dollar value of state contracts to businesses owned by minorities, women, or persons with disabilities.

A New Day for LLCs in Illinois

By Matthew E. Misichko
January
2019
Article
, Page 24
Attorneys who have business clients or who are forming businesses in Illinois now have new strategic opportunities when drafting operating agreements, thanks to recent Illinois Limited Liability Company Act amendments.

New hour requirements for residential and general real estate appraisers

February
2019
Illinois Law Update
, Page 14
The Department of Financial and Professional Regulation adopted amendments to Real Estate Appraiser Licensing (68 Ill. Adm. Code 1455 (effective Nov. 26, 2018)).

The New Illinois Trust Code: Practical Pointers

By Daniel P. Felix
December
2019
Article
, Page 26
A summary of key provisions, including practical reminders, that should help trustees get up to speed quickly on the new Illinois Trust Code.

New licensing requirements for producers of “industrial hemp”

July
2019
Illinois Law Update
, Page 16
“Industrial hemp” is defined as a cannabis sativa plant or any part that contains no more than 0.3 percent tetrahydrocannabinol (THC). The Department of Agriculture (DOA) has now adopted a new Part titled Industrial Hemp Act (8 Ill. Adm. Code 1200 (effective April 24, 2019)).

New method for coming clean about unpaid taxes

August
2019
Illinois Law Update
, Page 16
The Department of Revenue (DOR) adopted an amendment to the Part now titled “Board of Appeals; Voluntary Disclosure” (86 IAC 210; 43 Ill. Reg. 973 (effective April 24, 2019)).

New postplea proceedings required after failing to comply with Rule 604(d) certification requirements

February
2019
Illinois Law Update
, Page 14
The defendant pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. The defendant's postplea proceedings in circuit court were completed more than a year before Rule 604(d) was amended. Thus, amended Rule 604(d) did not apply then to the defendant's case.

New rules place stricter restrictions on cigarette sellers

November
2019
Illinois Law Update
, Page 14
The Department of Revenue (DOR) adopted amendments to the Parts titled Retailers’ Occupation Tax, Service Occupation Tax, Cigarette Tax Act, Cigarette Use Tax Act, and Tobacco Products Tax Act of 1995, implementing Public Act 100-940.

New way for inmates to earn credit for time served

June
2019
Illinois Law Update
, Page 14
The Department of Corrections (DOC) amended its part titled Records of Offenders (20 Ill. Adm. Code 107 (effective March 1, 2019)) to modify how Illinois inmates earn credit for time served toward their sentences.

No error in nonremoval of juror who knew police officer in video interview

October
2019
Illinois Law Update
, Page 14
On July 11, 2019, the Fifth District Appellate Court held that 1) a lower court judge had not erred in failing to remove, sua sponte, a potential juror for cause who stated that she knew a police officer who appeared in a video interview but who was not a witness; 2) the defense counsel was not liable for ineffective assistance for failing to challenge the inclusion of the potential juror, where the defendant received a fair trial and there was no reasonable probability that, but for counsel’s failure to challenge the potential juror, the outcome of the trial would have been different; and 3) no error existed when: the jury watched the video interview in the presence of two neutral nonjurors (a clerk and a bailiff), the jury started to watch the video before the judge decided what they would be permitted to see, or when one juror went to use the restroom at the time the video began.

No liability for slip-and-fall injury absent duty to clear natural accumulation of snow

August
2019
Illinois Law Update
, Page 16
After allegedly slipping on an icy sidewalk in front of his mailbox, the plaintiff sued his homeowners’ association and its snow-removal contractor.

No publication requirement for name change to maiden name

November
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Civil Procedure regarding the requirement of publication notice in a newspaper for certain individuals applying for a name change.

No substantial basis for probable cause makes search warrant invalid

March
2019
Illinois Law Update
, Page 20
On Dec. 28, 2018, after a jury trial, the defendant was convicted for the unlawful possession of a weapon by a felon. In addition, the defendant was acquitted of unlawful possession of a controlled substance with intent to deliver.

Nondiscriminatory textbooks and LGBT education mandated for public schools

December
2019
Illinois Law Update
, Page 16
Textbooks authorized to be purchased under 105 ILCS 5/2-3.155 must include the roles and contributions of all people protected under the Illinois Human Rights Act.

Not Just a Requirement

By Cyara Hotopp
August
2019
Column
, Page 46
Moving beyond tech competency and into tech enthusiasm.

Objective, professional standard imposed for special interrogatories

March
2019
Illinois Law Update
, Page 20
On Dec. 28, 2018, the plaintiff filed a wrongful-death and survival action against a social worker and her employer hospital, alleging negligent care led to his father's death by suicide six days after the social worker visited him.

Occasional requests to visit child insufficient to retain parental rights

November
2019
Illinois Law Update
, Page 14
On Aug. 5, 2019, the Fifth District Appellate Court upheld an order of the Circuit Court of Madison County terminating a father’s parental rights based on his lack of fitness as a parent.

Officer not qualified as expert to determine whether organization is a “street gang”

October
2019
Illinois Law Update
, Page 14
On June 18, 2019, the First District Appellate Court reversed the conviction of a criminal defendant on a charge of unlawful possession of a firearm by a street gang member.

Order for involuntary administration of psychiatric treatment was not supported by specific evidence

February
2019
Illinois Law Update
, Page 14
An appellate court reversed a lower court's order authorizing the involuntary administration of psychotropic medication and testing.

Order in the Court

By Ed Finkel
November
2019
LawPulse
, Page 10
The Illinois Judicial Conference outlines its first-ever formal strategic plan, including goals, strategies, a mission statement, vision, and set of core values.

Organizations representing trafficking victims may bring causes of action

March
2019
Illinois Law Update
, Page 20
The Trafficking Victims Protection Act is amended by changing 740 ILCS 128/15 as follows.

Our Dedicated Staff

By David B. Sosin
July
2019
Column
, Page 8
ISBA President David Sosin extends his thanks to those who keep the Association running.

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