2020 Articles

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.

Casting a Line

By Pete Sherman
October
2020
LawPulse
, Page 12
ISBA launches Rural Practice Initiative to address access-to-justice gaps in less-populated counties.

The Challenges Ahead

By Dennis J. Orsey
August
2020
Column
, Page 8
The ISBA and our unprecedented times.

Charge Ahead

By Mark Riggleman
February
2020
Column
, Page 49
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1 comment (Most recent February 27, 2020)

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.

A civil-union partner may seek same parental responsibilities and visitation as a stepparent

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court held that a civil-union partner may seek same parental responsibilities and visitation as a stepparent.

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.

Class barred from recovering cost of mandatory lead screening under conspiracy claim 

August
2020
Illinois Law Update
, Page 14
On May 21, 2020, the Illinois Supreme Court reversed the judgment of the First District of the Illinois Appellate Court by holding that plaintiffs who do not suffer an economic loss cannot maintain a tort action based on a claim that solely alleges an economic injury.

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.

Consent required to conduct assessment of allegation of abuse, neglect, or financial exploitation

July
2020
Illinois Law Update
, Page 14
The Department on Aging adopted amendments to the Part titled Adult Protection and Advocacy Services, implementing Public Act 101-0496.

Conviction for simultaneous possession of firearm and cannabis upheld

October
2020
Illinois Law Update
, Page 16
On July 7, 2020, the Fifth District of the Illinois Appellate Court held that the simultaneous possession of a firearm and any amount of cannabis is prohibited under the Illinois Criminal Code.

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.

Corpus Linguistics

By Jesse Bowman
July
2020
Column
, Page 52
An online tool for homing in on a word’s evolving definition depending on the context.

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 erred in denying leave to substitute counsel from public defender when new attorney not ready for trial

December
2020
Illinois Law Update
, Page 16
On Aug. 24, 2020, the First District of the Illinois Appellate Court reversed a trial court’s decision to deny a leave to substitute counsel solely on the grounds that the new attorney was not ready for trial.

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.

Court may hold trial without defendant and defense counsel if they are voluntarily absent

December
2020
Illinois Law Update
, Page 16
On Sept. 28, 2020, the First District of the Illinois Appellate Court held that the trial court did not abuse its discretion in declining to hear a motion for continuance when the defendant and his attorney could have participated in the trial but chose not to.

Court-awarded interim attorney fees in marriage dissolution are not subject to immediate appeal

November
2020
Illinois Law Update
, Page 18
On Aug. 20, 2020, the First District of the Illinois Appellate Court held that court-awarded attorney fees during the pendency of marriage-dissolution proceedings are interim and not subject to immediate appeal.

Court’s vacatur of guilty plea followed by a bench trial does not constitute double jeopardy

December
2020
Illinois Law Update
, Page 16
On Sept. 24, 2020, the Illinois Supreme Court found that the trial court’s sua sponte vacatur of the defendant’s guilty plea did not improperly terminate jeopardy; thus, the subsequent bench trial did not constitute double jeopardy.

COVID-19 and the Commercial Frustration Doctrine

June
2020
Article
, Page 18
The doctrine of commercial frustration offers a pathway to challenge pandemic-stymied contracts lacking clear force majeure clauses.

COVID-19, Death, and Taxes

By Richard Hirschtritt
September
2020
Article
, Page 34
Exploring the unique postdeath tax-planning opportunities for Illinois taxpayers who have died within six months prior to the COVID-19 outbreak.

COVID-19 prompts changes to health insurance coverage requirements

July
2020
Illinois Law Update
, Page 14
The Department of Insurance adopted a Part titled Temporary Health Coverage Requirements During an Epidemic or Public Health Emergency in response to the COVID-19 pandemic.

Davis overturned; evidence obtained through violation of eavesdropping statute suppressed 

November
2020
Illinois Law Update
, Page 18
On Aug. 21, 2020, the Third District of the Illinois Appellate Court held that evidence obtained through violation of the Illinois eavesdropping statute must be suppressed, including testimony about illegally recorded conversations prompted by illegal recording devices.

Day care centers may only expel children for behavioral reasons as a last resort and after developing a transition plan

December
2020
Illinois Law Update
, Page 16
The Department of Children and Family Services adopted amendments to Licensing Standards for Day Care Homes, Licensing Standards for Day Care Centers, and Licensing Standards for Group Day Care Homes.

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 had no expectation of privacy in his motel room alcove

July
2020
Illinois Law Update
, Page 14
On April 16, 2020, the Illinois Supreme Court reversed the judgment of the Third District Appellate Court and ruled that a warrantless dog sniff outside the door of the defendant’s motel room did not violate his Fourth Amendment rights.

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.