Illinois Bar Journal

2019 Articles

Overridden

By Pete Sherman
January
2019
LawPulse
, Page 10
Governor Rauner vetoed more bills in 2018 than the year before; the legislature responded in kind by overriding just as many more.

Parents through surrogacy cannot be denied into delivery room

December
2019
Illinois Law Update
, Page 16
The Hospital Licensing Act is amended to provide that if a hospital has a gestational surrogacy contract on file for a gestational surrogate or has otherwise...

Part 1: Digital Signatures—the Time Has Come

By Jeffrey R. Schoenberger
November
2019
Column
, Page 48
The pros, cons, and future of digital signatures.

Part 2: Digital Signatures—Key Features

By Jeffrey R. Schoenberger
December
2019
Column
, Page 42
The pros, cons, and Digital-signature platforms provide powerful signing tools that integrate with software you already use of digital signatures.

Patently Obvious?

By Teddy S. Gron
September
2019
Article
, Page 40
By allowing secondary considerations, such as unexpected results, to overcome obviousness-type double-patenting rejections, is the federal circuit circumventing the purpose for the rejections? If the purpose for court-created rejections is relatively unimportant, perhaps the courts should end the practice.

A Path to Leadership

By Ed Finkel
September
2019
Cover Story
, Page 20
New ISBA Leadership Academy will train the next generation of attorneys.

Pathway created for blockchain businesses

December
2019
Illinois Law Update
, Page 16
The Blockchain Business Development Act defines terms and provides for: the creation and regulation of personal information protection companies...

Payday Loan Reform Act amended to define fees available to lenders

March
2019
Illinois Law Update
, Page 20
The Payday Loan Reform Act is amended by changing sections 2-10 and 2-15 of the Act. Section 2-10 is amended by changing the appropriate fee a lender may charge a borrower.

Persons under 21 years of age prohibited from buying or selling any form of tobacco or nicotine

June
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended all statutes relating to tobacco by replacing the word "minor" with "persons under 21 years of age."

Perspectives, Preferences, and Pet Peeves From the Bench

November
2019
Article
, Page 20

Petition to intervene in employer subrogation action dismissed for res judicata

February
2019
Illinois Law Update
, Page 14
The plaintiff was injured at work due to alleged negligence of third parties. The plaintiff then filed a successful claim for workers' compensation benefits.

Pharmacy not liable under learned intermediary doctrine

June
2019
Illinois Law Update
, Page 14
On March 25, 2019, the First District Appellate Court of Illinois held that a pharmacy could not be liable under the learned intermediary doctrine.

Physician-patient privilege does not apply when patient’s condition is “an issue”

May
2019
Illinois Law Update
, Page 14
On Dec. 13, 2018, the Illinois Supreme Court held that the physician-patient privilege does not apply when the patient's condition is "an issue" in the proceedings.

Plain smell detected by officer from place she had lawful right to be

June
2019
Illinois Law Update
, Page 14
On April 2, 2019, the Fourth District Appellate Court of Illinois upheld the execution of a search warrant obtained pursuant to the plain smell of cannabis detected by an officer from a place where she had a lawful right to be.

Plaintiff failed to provide evidence that faulty gutter caused icicles and ice to form

January
2019
Illinois Law Update
, Page 16
In order to sustain a premises liability lawsuit based upon an unnatural accumulation of ice, a plaintiff must provide evidence that the condition was caused by the defendant and that the defendant knew of the dangerous condition.

Plaintiff must be legally parked to be an “intended user” of the street

July
2019
Illinois Law Update
, Page 16
A plaintiff suing the City of Chicago was denied recovery for injuries she suffered for falling into a five-foot-long pothole. Because she parked the back one-third of her car in a no-parking zone, she was not an “intended and permitted user” of the street.

Police images provided in digital format and new procedures for obtaining graphic images

January
2019
Illinois Law Update
, Page 16
The Department of State Police ("DSP") adopted amendments to Imaging Products (20 Ill. Adm. Code 1298 (effective Oct. 10, 2018)), updating its policies regarding the copying and the use of digital information collected by DSP during investigations.

Pornographic photographs stored in desk drawer not sufficient for sexual harassment claim

November
2019
Illinois Law Update
, Page 14
On Aug. 7, 2019, the Third District Appellate Court of Illinois held that discovering pornographic photographs in a supervisor’s desk drawer was insufficient evidence to support a successful sexual harassment claim.

Power to the Condo Unit Owner

By Ellis B. Levin
September
2019
Article
, Page 34
Justice Neville’s final appellate court decision has recalibrated the balance between the rights of condominium-unit owners and the obligations of condominium officers and board members.

Practice Checkup

By Ed Finkel
June
2019
Cover Story
, Page 22
How lean and clean is your business routine?

Primarily residential properties not exempt from municipal code property transfer tax

September
2019
Illinois Law Update
, Page 14
On June 21, 2019, the First District Appellate Court upheld an administrative judge’s grant of summary judgment denying the plaintiffs’ claim that their property met the enterprise zone property transfer tax exemption

Private viewing of video in chambers not a due process violation

February
2019
Illinois Law Update
, Page 14
Following a bench trial, the defendant was convicted of battery and other offenses related to a DUI stop. A squad-car video was presented as evidence, but the judge had to view it in chambers because the court did not have video capabilities in the courtroom.

Problems Blockchain Doesn’t Solve

By Paul Peterson
February
2019
Article
, Page 36
Blockchain might improve the services provided by county recorders. But its limitations need to be recognized.
1 comment (Most recent May 13, 2019)

Procedural clarifications made for inland marine and farm mutual insurance companies

September
2019
Illinois Law Update
, Page 14
The Department of Insurance has adopted amendments to the Filing Policy and Endorsements Form (50 IAC 753; 43 Ill. Reg. 1463) and Required Procedures for Group Inland Marine Insurance (50 IAC 2302; 43 Ill. Reg. 1476).

Procedure for offsetting state funds to pay debts owed by individuals

July
2019
Illinois Law Update
, Page 16
Amendments to the Part titled Claim Eligible to be Offset implemented three public acts concerning procedures whereby the state offsets other funds to pay debts owed to the state by an individual, another state agency, or a municipality or county government (42 74 Ill. Adm. Code 285 (effective March 26, 2019)).

Protecting the Public and the Profession

By David B. Sosin
October
2019
Column
, Page 9
The ISBA’s long-running, proactive stance against the unauthorized practice of law.

Protecting Your Credit After Data Breaches

October
2019
Article
, Page 18
As data breaches occur with more frequency, protecting your credit becomes top of mind.

Proximate cause required for showing commencement or continuance prong of malicious prosecution

April
2019
Illinois Law Update
, Page 14
In 2008, the Illinois Supreme Court reversed the conviction of the plaintiff, Alan Beaman, of the murder of his ex-girlfriend because the state violated his constitutional right to due process under Brady v. Maryland when it failed to disclose material and exculpatory information about a viable alternative suspect.

Punitive fees assessed to recover expenses incurred by state in prosecution

March
2019
Illinois Law Update
, Page 20
On Dec. 28, 2018, after a jury trial, the defendant was convicted for a Class 2 felony for delivery of a controlled substance and ordered to pay $1,549 in fines, fees, and costs.

Qualified farmers may now be eligible to participate in urban agricultural areas

October
2019
Illinois Law Update
, Page 14
The Department of Agriculture adopted a new Part titled Municipal Urban Agricultural Areas, which establishes the definition of a “Qualified Farmer” under the Illinois Municipal Code and the eligibility of Urban Agricultural Area applicants.

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