2021 Articles

Business Information and Illinois FOIA Requests

By William Cook & James Cook
September
2021
Article
, Page 32
Sensitive business information in the possession of government agencies and businesses is potentially subject to disclosure as a public record. Fortunately, the law provides ways to protectthis information.

Business Interruption Grant Program implemented

April
2021
Illinois Law Update
, Page 18
The Department of Commerce and Economic Opportunity (DCEO) adopted a new Part titled Business Interruption Grant Program. The program offers financial support for businesses that have experienced exceptional losses or expenditures due to the COVID-19 pandemic.

Buyer Beware

By Tony Pacione
June
2021
Column
, Page 42
Mental health advice is easy to find, but not all of it is helpful.

By Default

By Jeffrey S. Krause
October
2021
Column
, Page 48
When was the last time you checked your devices’ default apps?

Call4Calm text line established to support mental health of Illinois residents

November
2021
Illinois Law Update
, Page 16
The Department of Human Services Act is amended, establishing the Call4Calm text line. The Call4Calm text line is a new program that supports the mental health needs of Illinois residents.

Cannabis retailer tax enforced if adopted before October 2020

July
2021
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Counties Code by altering the County Cannabis Retailers’ Occupation Tax Law.

Challenge to life sentence rejected as defendant exceeded the unconstitutional age range for juvenile natural-life sentences

November
2021
Illinois Law Update
, Page 16
On Aug. 11, 2021, the Fourth District of the Illinois Appellate Court affirmed a circuit court’s judgment to impose a natural-life sentence.

Challenges to an administrative agency’s authority excuse exhaustion of administrative remedies

January
2021
Illinois Law Update
, Page 14
On Oct. 22, 2020, the Illinois Supreme Court held that plaintiffs challenging an administrative agency’s authority are excused from exhausting their administrative remedies.

Changing lanes while driving through an intersection is not prohibited by the Illinois Compiled Statutes

April
2021
Illinois Law Update
, Page 18
On Jan. 29, 2021, the Third District of the Illinois Appellate Court vacated a defendant’s conviction after granting the defendant’s motion to suppress evidence obtained during a traffic stop based on a mistake of law by the arresting officer.

City council improperly invoked the litigation exception to the Open Meetings Act

July
2021
Illinois Law Update
, Page 14
On April 26, 2021, the Fourth District of the Illinois Appellate Court held that a city council’s closed meeting violated the Open Meetings Act by discussing topics other than litigation.

City may not evaluate police officers’ job performance based on the issuance of citations

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that a city may not evaluate a police officer’s job performance based on the number of citations the officer has issued.

City of Chicago’s action plan on public response to police officer Van Dyke’s verdict might not be exempt from disclosure in entirety

July
2021
Illinois Law Update
, Page 14
On April 13, 2021, the First District of the Illinois Appellate Court remanded a case to determine whether Chicago’s action plan regarding the public response to former Chicago police officer Jason Van Dyke’s verdict can be partially redacted and produced.

Claim of implied warranty of habitability improper where no privity of contract existed between general contractor and purchaser

November
2021
Illinois Law Update
, Page 16
On Aug. 5, 2021, the First District of the Illinois Appellate Court affirmed the circuit court’s judgment that a condominium purchaser could not pursue a claim for breach of implied warranty of habitability against a general contractor who had no contractual relationship with the purchaser.

Cloud Cover

By Victor M. Zamora
January
2021
Article
, Page 30
Choosing the right cloud services for your firm.

Cocaine Isn’t What It Used to Be

By Thomas A. Drysdale
September
2021
Article
, Page 36
Cocaine is not defined the same way under Illinois and federal law. An analysis of the impact of United States v. Ruth on federal drug sentencing enhancements.

Community colleges may not lay off tenured faculty and then immediately hire adjunct instructors to teach the same courses

March
2021
Illinois Law Update
, Page 18
On Dec. 17, 2020, the Illinois Supreme Court held that a community college violated the Public Community College Act when the college laid off tenured faculty members and within months hired adjunct instructors to do the work that the laid-off faculty were able to do.

Comparing report cards of two school districts may violate the School Code

December
2021
Illinois Law Update
, Page 14
On Sept. 20, 2021, the Fifth District of the Illinois Appellate Court held that student report cards of two school districts should not be compared in certain circumstances when reviewing a petition for detachment and annexation.

Condominium association’s restrictive covenant bars short-term Airbnb rentals

October
2021
Illinois Law Update
, Page 14
The plaintiff filed a complaint against her condominium association and its acting president who prohibited her from operating her condominium unit as a short-term rental on Airbnb on the basis that the condominium declarations barred short-term rentals.

Construction engineering firm has duty to disclose housing conditions to purchasers

January
2021
Illinois Law Update
, Page 14
On Sept. 30, 2020, the First District of the Illinois Appellate Court reversed a circuit court’s judgment dismissing a complaint that alleged negligent misrepresentation on the part of a construction engineering firm for failure to state a cause of action.

Contractor payment reports to the Department of Labor due on April 30

September
2021
Illinois Law Update
, Page 18
The Department of Labor adopted an amendment to the Part titled Employee Classification.

Coronavirus & Disability Insurance: Trends to Follow

By David A. Bryant
November
2021
Article
, Page 30
2020 and 2021 have been defined by the COVID-19 pandemic. Learn how the novel coronavirus will continue to affect disability insurance claims for the foreseeable future.

Counter Measures

By Scott O. Reed
December
2021
Article
, Page 28
There are exceptions to the rule against admissibility of subsequent remedial measures besides proving ownership or control, showing feasibility of alternative design, or to impeach.

Court can address argument forfeited in administrative proceeding

December
2021
Illinois Law Update
, Page 14
On Sept. 16, 2021, the Second District of the Illinois Appellate Court affirmed the circuit court’s reversal of a final administrative decision regarding Supplemental Nutrition Assistance Program (SNAP) benefits.

Court Cases Plummet in 2020

By Pete Sherman
October
2021
LawPulse
, Page 10
New Illinois Supreme Court districts map is rushed through the legislature, signed by the governor, then delayed by the Court.

Court improperly admitted evidence of defendant’s prior bad acts to bolster witness credibility

September
2021
Illinois Law Update
, Page 18
On June 11, 2021, the Fifth District of the Illinois Appellate Court held that a new trial is warranted because the state impermissibly used the defendant’s other bad acts as substantive evidence of the defendant’s guilt.

A court must engage in a procedurally proper Batson hearing

December
2021
Illinois Law Update
, Page 14
On Sept. 27, 2021, the Second District of the Illinois Appellate Court found that a trial court failed to conduct a proper Batson hearing.

Court rejects plaintiff’s choice of forum for lack of connection between the forum and the plaintiff

January
2021
Illinois Law Update
, Page 14
On Oct. 16, 2020, the First District of the Illinois Appellate Court rejected the plaintiff’s choice to litigate in Illinois due to a lack of connection between the plaintiff and the forum.

Court’s failure to set a reasonable time for reviewing maintenance constitutes an abuse of discretion in dissolution proceedings

August
2021
Illinois Law Update
, Page 18
On May 19, 2021, the Third District of the Illinois Appellate Court vacated a trial court decision that reduced a marriage dissolution permanent maintenance to $0 after a substantial change in circumstances.

Court’s preventing jurors from controlling audio recording does not necessarily constitute interference with jury deliberations

August
2021
Illinois Law Update
, Page 18
On May 18, 2021, the Third District of the Illinois Appellate Court held that the trial court did not interfere with jury deliberation when it instructed the jury to remain silent while listening to an audio recording and prevented the jury from controlling the playback of the audio recording.

The COVID-19-Era Firm

By Ed Finkel
March
2021
Cover Story
, Page 22
The challenges of starting and running a firm during a pandemic.