2020 Articles

The Surprising Number of Differences Between the Federal and Illinois Rules of Evidence

By Gino L. DiVito
January
2020
Article
, Page 30
The Federal and Illinois Rules of Evidence diverge in dozens of ways worth noting.

Talk Shows

By Allen Wall & Caitlyn R. Culbertson
March
2020
Article
, Page 30
Why some deposition witnesses talk too much.

Task force on business interruption insurance policies established

August
2020
Illinois Law Update
, Page 14
The General Assembly passed an amendment directing the Illinois Department of Insurance to appoint a task force on business interruption insurance policies.

The Taxing Effects of COVID-19

July
2020
Article
, Page 18
Stay on top of the pandemic’s impact on tax-payment deadlines, some of which may vary from county to county during the next few months.

Temporary changes for home health care visits and CNA qualification during COVID-19

July
2020
Illinois Law Update
, Page 14
The Department of Public Health adopted emergency amendments to the Parts titled Home Health, Home Services, and Home Nursing Agency Code Long-Term Care Assistants and Aides Training Programs Code, and Health Care Worker Background Check Code to address healthcare issues arising from the pandemic

Temporary restraining order requiring disclosure of positive COVID-19 results is dissolved

November
2020
Illinois Law Update
, Page 18
On July 22, 2020, the Second District of the Illinois Appellate Court dissolved a temporary restraining order (TRO) requiring the disclosure of information about persons who have tested positive for COVID-19, since the parties requesting the information had no right to it.

Tender on personal claim before filing class-certification motion makes class-action claims moot

May
2020
Illinois Law Update
, Page 16
The Illinois Supreme Court recently considered the issue of whether a defendant’s effective tender of requested damages and attorney fees in a class-action suit is sufficient to satisfy the plaintiff’s individual claim and make the cause of action moot.

Tender-Hearted Insurers

By Scott O. Reed
January
2020
Article
, Page 44
What are a liability insurer’s duties to an insured before a suit or tender of claim?

That Unspoken Thing

By Khara Coleman
July
2020
LawPulse
, Page 10
The chair of the ISBA Standing Committee on Racial and Ethnic Minorities and the Law reflects on the American legal system in light of George Floyd’s death.

Threatening speech is not protected by the First Amendment

September
2020
Illinois Law Update
, Page 18
On June 18, 2020, the Illinois Supreme Court held that the First Amendment to the U.S. Constitution does not protect a defendant whose conversation with a school official triggered a soft lockdown and a police response.

Time to Shine

By Ed Finkel
September
2020
Cover Story
, Page 22
Solos, small firms, and the importance of leadership, time management, and client relationships.

The Timely and Properly Filed Notice of Appeal

By J. Timothy Eaton
April
2020
Article
, Page 26
Understanding notices of appeal, which are the  jurisdictional gateway to the Illinois Appellate Court.

Tips belong to employees, not employers

May
2020
Illinois Law Update
, Page 16
An amendment to the Illinois Wage Payment and Collection Act (820 ILCS 115/4.1) makes it clear that tips are the property of employees and that employers are prohibited from keeping tips.

To Deduct or Not to Deduct?

February
2020
Article
, Page 18
Figuring out what’s tax deductible, from office coffee to team-building retreats.

To Reply or Not to Reply−the ISBA Answers the Question

By Pete Sherman
April
2020
LawPulse
, Page 10
Think carefully before hitting “reply all” in emails.

To See, to Smell, to Search, and Not to Yield

By Rhys Saunders
May
2020
LawPulse
, Page 10
The Illinois Supreme Court delivers opinion on cannabis-based search.

Too High to Drive?

By Larry A. Davis
July
2020
Article
, Page 26
How does cannabis legalization alter Illinois DUI law?

Transfers from parents to children presumed to be gifts

March
2020
Illinois Law Update
, Page 20
On Dec. 26, 2019, the First District Appellate Court found that a claimant in a probate case had not demonstrated by clear and convincing evidence that the transfers he made to his son and daughter-in-law were loans rather than gifts.

The Traumatized Client

By Ed Finkel
March
2020
Cover Story
, Page 24
Getting ahead of the warning signs, triggers, and roadblocks.

Trial court has discretion to dismiss complaint without prejudice when section 2-622 affidavit is not filed

December
2020
Illinois Law Update
, Page 16
On Sept. 21, 2020, the Third District of the Illinois Appellate Court held that a trial court has discretion to dismiss a medical malpractice case without prejudice for untimely filing an affidavit required under 735 ILCS 5/2-622 of the Code of Civil Procedure.

A trust’s plain language must be examined when adjudicating unjust enrichment claims

November
2020
Illinois Law Update
, Page 18
On Aug. 31, 2020, the Third District of the Illinois Appellate Court held that a trustee’s distribution of a trust’s income and principal to only one of the beneficiaries did not constitute unjust enrichment.

Unemployment benefits criteria expanded for people out of work due to COVID-19 

October
2020
Illinois Law Update
, Page 16
The Department of Employment Security adopted amendments to the Part titled Claimant’s Availability for Work, Ability to Work and Active Search for Work.

Uninsured-motorist coverage allowed for passenger on public-policy grounds

November
2020
Illinois Law Update
, Page 18
On July 22, 2020, the Second District of the Illinois Appellate Court affirmed a circuit court’s ruling that, in the interest of public policy, an insured passenger in a car accident was entitled to uninsured-motorist coverage despite the terms of the insurance policy clearly stating the opposite.

Vague term in auto policy construed against the insurer

January
2020
Illinois Law Update
, Page 16
On Sept. 30, 2019, the Fifth District Court of Appeals found the term “mechanical device” in an auto policy to be overly broad and vague. It held that the policy, which excluded coverage for incidents involving a “mechanical device,” was to be construed against the insurer.

Valuable, Private, and Necessary

By Jeffrey R. Schoenberger
December
2020
Column
, Page 38
Virtual private networks you can take anywhere.

Very Appealing

By Pete Sherman
November
2020
LawPulse
, Page 12
Amended Illinois Supreme Court Rules clarify appellate procedures and increase flexibility for cross-jurisdictional work.

Veterans or active duty military members deemed to be Illinois residents for tuition purposes for Illinois universities

March
2020
Illinois Law Update
, Page 20
The General Assembly amended the University of Illinois Act, the Southern Illinois University Management Act, the Chicago State University Law, the Eastern Illinois University Law, the Governors State University Law, the Illinois State University Law, the Northern Illinois University Law, the Western Illinois University Law, and the Public Community College Act, to provide that individuals who are on active military duty or receiving veterans’ education benefits must be deemed Illinois residents for tuition purposes at any public Illinois university.

Virtual Fundraiser; Real Thanks

By Lisa M. Nyuli
December
2020
Column
, Page 46
The Illinois Bar Foundation continues to deliver for lawyers and their families in need.

The Virtuous Circle

By Justice Michael B. Hyman & Judge Martha A. Mills (ret.)
April
2020
Article
, Page 38
Have you considered adding restorative-justice techniques to your dispute-resolution tool kit?

Voicemail admissible once victim identifies voice and provides context

February
2020
Illinois Law Update
, Page 14
The defendant argued the trial court abused its discretion when it allowed prosecutors to play a voicemail recording of the victim during his cross-examination.