Illinois Bar Journal

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2020 Articles

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Accommodations for emotional support and service animals

May
2020
Illinois Law Update
Page 16
The Assistance Animal Integrity Act supplements federal law requiring housing providers, including condominium boards, to make reasonable accommodations for persons who make requests for service or emotional support animals.

Act provides state treasurer with more financial tools to assist students attending college

February
2020
Illinois Law Update
Page 14
To proactively address the college-debt crisis and increase access to postsecondary education for Illinois residents, the General Assembly passed the Student Investment Account Act. Lawmakers passed the Act to enable qualified residents to pursue and finance higher education.

Adoption of Wayfair nexus for use tax on out-of-state retailers

February
2020
Illinois Law Update
Page 14
The Department of Revenue adopted amendments to the Use Tax implementing provisions of Public Act 100-587.

All for One and One for Law

By David B. Sosin
March
2020
Column
Page 8
On many fronts, the ISBA is relentlessly advocating for the profession.

And Then There Were Three

By Pete Sherman
March
2020
LawPulse
Page 16
Illinois Supreme Court Justice Robert Thomas’s retirement leaves one less Supreme Court seat in play for 2020.

Appellate court not “fine” with fines masked as court costs

January
2020
Illinois Law Update
Page 16
On Oct. 31, 2019, the Second District Court of Appeals remanded a criminal case raising errors in the imposition of fines.

Appellate court reverses multimillion-dollar oil-leak verdict due to insufficient evidence

April
2020
Illinois Law Update
Page 16
On Jan. 30, 2020, the Fifth District Appellate Court affirmed a lower court’s ruling denying a defendant’s motion to withdraw his plea of guilty but mentally ill.On Jan. 31, 2020, the Third District Appellate Court reversed a $45.49 million oil-leak verdict due to insufficient evidence.

The Ball Is in Your Court

By Benjamin M. Sardinas
May
2020
Article
Page 34
Addressing assessment and sentencing credit errors at the trial court level after Illinois Supreme Court Rule 472.

Best Intentions or Best Practices?

By David B. Sosin
February
2020
Column
Page 8
The ISBA continues to support prohibiting fee sharing with nonlawyers.

Better Drafting Through Templates and Automation

By Jeffrey R. Schoenberger
January
2020
Column
Page 48
Create templates to improve your efficiency. Better yet, check out IllinoisBarDocs.

Board of Education not entitled to deduct pay when employee reinstated

March
2020
Illinois Law Update
Page 20
On Dec. 23, 2019, the First District Appellate Court reversed the Chicago Board of Education’s decision to impose a 90-day-time-served suspension on a tenured elementary school teacher who was reinstated after disciplinary hearings.

Can Asbestos Ever Be Mitigated From Illinois Courts?

By Craig T. Liljestrand
March
2020
Article
Page 42
For personal jurisdiction and asbestos litigation, recent rulings may illuminate asbestos’ pathway out of the Land of Lincoln.

Cannabis Sniffing Dogs Staying Around

By Pete Sherman
February
2020
LawPulse
Page 10
An Illinois K-9 trainer, skilled enough to also train a drug-sniffing pig, discusses the world of detection dogs.

Charge Ahead

By Mark Riggleman
February
2020
Column
Page 49
Create templates to improve your efficiency. Better yet, check out IllinoisBarDocs.

Chicago amusement tax constitutional as applied to internet streaming services

February
2020
Illinois Law Update
Page 14
Plaintiffs filed suit challenging the constitutionality of Chicago’s amusement tax. In 2015, the city comptroller issued Ruling 5, indicating the existing 9 percent amusement tax on charges paid for the privilege to enter, witness, view, or participate in certain activities in Chicago would also be applied to amusements delivered electronically to a patron in the city.

Circuit court’s constitutional review cannot stray from “on point” Illinois Supreme Court ruling

January
2020
Illinois Law Update
Page 16
On Oct. 24, 2019, the Illinois Supreme Court vacated a circuit court’s ruling, which held that section 513 of the Illinois Marriage and Dissolution of Marriage Act was unconstitutional.

Citations updated for cannabis-related offenses

March
2020
Illinois Law Update
Page 20
The Secretary of State has updated the offense code table after the legalization of recreational cannabis in Illinois.

Claimant not entitled to penalties for employer’s failure to authorize surgery

April
2020
Illinois Law Update
Page 16
On Feb. 4, 2020 the Second District Appellate Court held that sections 16 and 19(l) of the Workers’ Compensation Act do not provide statutory authority for the award of attorney fees and penalties against an employer who unreasonably delayed authorizing surgery for an employee injured on the job.

Compromising images posted online without consent are prohibited and can lead to a damages award

January
2020
Illinois Law Update
Page 16
The Illinois General Assembly enacted the Removal of Private Compromising Images Act. Effective Jan. 1, 2020, the Act prohibits the “posting of private compromising images” of another person online.

Coping With Quotidian Crud

By Karen Erger
April
2020
Column
Page 46
Turning your own cheek when dealing with all the inconsiderate people out there.

County jails and election authorities to facilitate voting for those in custody

February
2020
Illinois Law Update
Page 14
The Election Code is amended to require election authorities in counties with populations under three million to collaborate with the primary county jail to facilitate voting.

Court failed to safeguard defendant’s right to a public trial

May
2020
Illinois Law Update
Page 16
The defendant was convicted at a jury trial for possession of a weapon by a felon, forgery, and aggravated fleeing and eluding.

Court gives inadequate self-defense jury instruction

April
2020
Illinois Law Update
Page 16
On Jan. 31, 2020, the Third District Appellate Court reversed a trial court decision that failed to provide adequate self-defense and second-degree murder instructions to the jury.

A Deep Dive Into Congress.gov

By Jesse Bowman
May
2020
Column
Page 44
Congress.gov may be the best site out there for researching legislation and related materials dating back decades.

Defendant physician and counsel coming to the aid of ill juror not grounds for a mistrial 

March
2020
Illinois Law Update
Page 20
On Dec. 24, 2019, the First District Appellate Court affirmed the trial court’s denial of a mistrial in a medical malpractice case for negligence, finding that the court did not abuse its discretion.

Defendant’s statements barred at trial but admissible for sentencing hearing

March
2020
Illinois Law Update
Page 20
On Dec. 31, 2019, the Second District Appellate Court found that the trial court had not erred in admitting during sentencing a videotaped statement made to police that was taken in violation of the defendant’s Sixth Amendment right to counsel.

Digital “smart” contracts, records, and signatures verified by blockchain technology permitted

May
2020
Illinois Law Update
Page 16
The Blockchain Technology Act permits blockchain and smart contracts. Smart contracts are defined as contracts stored as electronic records and verified by the use of a blockchain.

Discharging the Revocation of a FOID Card

By Rhys Saunders
March
2020
LawPulse
Page 16
Illinois Supreme Court sides with woman whose FOID card was taken from her by the Illinois State Police.

Don’t Be a Cookie Monster

By Jeffrey R. Schoenberger
April
2020
Column
Page 42
If you operate a website, become aware of the information it’s collecting from visitors.

Don’t Get Held Up by Ransomware

By Danielle DavisRoe
May
2020
Column
Page 40
Sooner or later, you are going to be targeted by ransomware. Don’t fall for it.

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