2019 Articles

Strict compliance with mental-health-records laws necessary for attorneys, healthcare providers

August
2019
Illinois Law Update
, Page 16
The First District Appellate Court, first division, held that neither the attorney who subpoenaed a plaintiff’s mental-health records nor the hospital that released them was entitled to summary judgment for claims arising from the Mental Health and Developmental Disabilities Confidentiality Act.

Stun guns and Tasers-related provision of the Unlawful Use of Weapons Statute found to be unconstitutional

June
2019
Illinois Law Update
, Page 14
On March 21, 2019, the Illinois Supreme Court held that only weapons that can be licensed under the Firearm Concealed Carry Act are meant to be excluded from the reach of the unlawful use of weapons statute and that weapons outside its reach are protected by the Second Amendment.

Subcontractors cannot breach implied warranty of habitability if no contract with property owner

March
2019
Illinois Law Update
, Page 20
Without a contractual link between the property owners and subcontractor, the property owners cannot bring a breach of implied warranty of habitability claim against the subcontractors.

Supremely Abe

February
2019
Column
, Page 46
Installation of a famous Lincoln portrait in the Illinois Supreme Court building is a fitting coda to an ISBA-sponsored bicentennial project.

Taking the “Yuck” Out of Webinars

By Karen Erger
December
2019
Column
, Page 44
Above all, remember the five Ps: Proper planning prevents poor performance.

Taking Your Powers of Attorney to the Bank

June
2019
Article
, Page 18
Banks have been known to challenge power-of-attorney agents, but steps can be taken to prevent such conflicts.
1 comment (Most recent June 5, 2019)

Taming the Guessing Game: Child Support and Variable Income

By Bryan D. Sullivan
January
2019
Article
, Page 38
The benefits of using a predetermined percentage of gross income for additional child support orders under the recently enacted income shares model.
1 comment (Most recent January 10, 2019)

Task force created to lobby on behalf of veterans

December
2019
Illinois Law Update
, Page 16
The Veterans’ Service-Related Ailments Task Force is created and shall review and make recommendations regarding veterans’ service-related ailments that are not recognized by the U.S. Department of Veterans Affairs, including exploring why certain service-related ailments are not recognized and determining what may be done to have them recognized.

Tax credits for contributing scholarships to nonpublic schools

February
2019
Illinois Law Update
, Page 14
The Department of Revenue adopted a new Part titled Invest in Kids Act (86 Ill. Adm. Code 1000 (effective Oct. 31, 2018)).

Tea, Wine, and Mock Trials

April
2019
Column
, Page 52
High School Mock Trials in Springfield; the ISBA Standing Committee on Women and the Law host afternoon tea on International Women's Day; wine tasting and speed networking with the Young Lawyers Division.

Teacher fired for using sick days to take a vacation

August
2019
Illinois Law Update
, Page 16
On May 10, 2019, the First District Appellate Court affirmed the Chicago Board of Education’s decision to dismiss a teacher based on irremediable conduct. Under 105 ILCS 5/34-85(a),

Thankful for a Generous Year

By Deane B. Brown
December
2019
Column
, Page 50
The “charitable heart of the ISBA” continues to support many legal-based needs throughout Illinois.

There’s a Place for Us

By Karen Erger
August
2019
Column
, Page 50
Making peace with your introverted personality.

This Little Life of Mine

By Karen Erger
April
2019
Column
, Page 48
A humbling and inspirational remembrance of the late attorney John Doar.
1 comment (Most recent May 5, 2020)

Time Limited Water Quality Standards cases differ from normal Pollution Control Board proceedings

December
2019
Illinois Law Update
, Page 16
The Pollution Control Board (PCB) adopted amendments to General Rules updating various rules of procedure for board hearings and other actions.

Tips for a Lean Law Firm: Improved Efficiencies With Process Mapping

By Jennifer Ramovs
March
2019
Column
, Page 43
Learn how to use process mapping and help your firm "go lean."

To Pay or Not to Pay: Should You Reimburse Your Employee’s Expenses?

By Helen B. Bloch
March
2019
Article
, Page 30
Effective Jan. 1, 2019, employers must reimburse employees for expenses incurred in the scope of employment. Failure to do so is akin to any other failure to compensate employees under the law.

Tort Immunity Act does not apply to city board of education’s failure to communicate risk of violence to event host where student was shot

December
2019
Illinois Law Update
, Page 16
The plaintiff filed a wrongful death and survival action after her 17-year-old son was fatally shot in the parking lot of a university’s arena after a high school basketball game there.

Traffic and Pedestrian Stop Data Use and Collection Task Force

September
2019
Illinois Law Update
, Page 14
The Illinois Vehicle Code was amended to create the Traffic and Pedestrian Stop Data Use and Collection Task Force.

Transfers, EJJs, and Defense Attorneys, Oh My!

By Kathy Roller
October
2019
Article
, Page 32
Creative and effective strategies for defeating transfer and extended jurisdiction juvenile petitions.

“Transportation companies” defined and subject to Illinois income tax liability

January
2019
Illinois Law Update
, Page 16
DOR adopted an amendment to the Income Tax Code (86 Ill. Adm. Code 100 (effective Oct. 12, 2018)), providing a definition of "transportation company" for purposes of the apportionment formula for taxpayers providing transportation services.

A Trustworthy Effort

By Pete Sherman
August
2019
LawPulse
, Page 12
After nearly two decades of work, the new Illinois Trust Code is signed by the governor.

Try Me a River

By Pete Sherman
October
2019
LawPulse
, Page 10
Rural law and johnboat rides on the Illinois River.

Unentitled

By Rhys Saunders
January
2019
LawPulse
, Page 10
Illinois Land Title Association claims Cook County Recorder of Deeds is violating the law regarding heirship documentation.

Unimplied Warranty

By Rhys Saunders
June
2019
LawPulse
, Page 10
Illinois Supreme Court rules that buyers of new homes can't sue subcontractors under an implied-warranty-of-habitability theory.

Updated definitions for Illinois noise pollution regulations

February
2019
Illinois Law Update
, Page 14
The Pollution Control Board adopted amendments to General Provisions (35 Ill. Adm. Code 900); Sound Emission Standards and Limitations for Property Line-Noise Sources (35 Ill. Adm. Code 901); Sound Emission Standards and Limitations for Motor Vehicles (35 Ill. Adm. Code 902); and Measurement Procedures for the Enforcement of 35 Ill. Adm. Code 900 & 901 (35 Ill. Adm. Code 910), all effective Nov. 1, 2018.

Updated processes for unemployment insurance claims and employer reporting

April
2019
Illinois Law Update
, Page 14
In an effort to update various aspects of unemployment insurance claims and processing, the Department of Employment Security (DES) adopted several amendments to the following Parts: Claims, Adjudication, Appeals and Hearings (56 Ill. Adm. Code 2720); Administrative Hearings and Appeals (56 Ill. Adm. Code 2725); Employment (56 Ill. Adm. Code 2732); Notices, Records, Reports (56 Ill. Adm. Code 2760); Payment of Unemployment Contributions, Interest, and Penalties (56 Ill. Adm. Code 2765); Collection of Unemployment Contributions (56 Ill. Adm. Code 2790); and Payment of Benefits (56 Ill. Adm. Code 2830), all effective Jan. 15, 2019.

Updated terms in the Deceptive Marketing, Advertising, and Sale of Mental Health Disorder and Substance Use Disorder Treatment section of the Consumer Fraud and Deceptive Business Practices Act

June
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended several definitions in section 2VVV of the Consumer Fraud and Deceptive Business Practices Act, which refers to deceptive marketing, advertising, and sale of mental-health-disorder and substance-use-disorder treatment.

Using Another State’s Laws to Your Advantage

By Dustin J. Karrison
August
2019
Article
, Page 34
How Illinois courts make choice-of-law determinations in personal injury cases.
2 comments (Most recent August 13, 2019)

Waiving Privacy Rights: Just a Proposal

By Rhys Saunders
August
2019
LawPulse
, Page 12
The ISBA responds against a proposed amendment to Rule 218 that would expand disclosure of litigants’ health conditions.