2021 Articles

Presence of a gun in defendant’s vehicle does not necessarily establish possession of firearm

July
2021
Illinois Law Update
, Page 14
On April 15, 2021, the Illinois Supreme Court affirmed an Illinois Appellate Court judgment that held the state failed to prove a defendant guilty beyond a reasonable doubt of unlawful possession of a firearm by a felon when a police officer found a gun in a minivan driven by the defendant.

A presumption of prejudice arises when jurors are exposed to relevant outside information

February
2021
Illinois Law Update
, Page 14
On Sept. 4, 2020, the First District of the Illinois Appellate Court held that a new trial is required when jurors are exposed to outside information that may have prejudiced them.

Prevailing Wage Act applicable only when parties stipulate rates

August
2021
Illinois Law Update
, Page 18
On May 20, 2021, the Illinois Supreme Court held that a public contractor cannot be liable under section 11 of the Illinois Prevailing Wage Act for failing to pay prevailing wages when the contract did not provide a clear notice that prevailing wages be paid.

Preventing Suicide

By Joe Scally
March
2021
Column
, Page 48
Simply reaching out and showing that you care can be someone’s lifeline.

Privatizing Your Tech

By Jeffrey S. Krause
September
2021
Column
, Page 40
Easy ways to protect yourself from malware creep and apps that want your personal data (including voice-controlled services like Alexa).

The Privilege of Restorative Justice

By Pete Sherman
November
2021
LawPulse
, Page 10
A new law declares that what is said during restorative justice proceedings is privileged.

A Promise of Clear Title

By Philip J. Vacco
March
2021
Article
, Page 34
Transferring marketable title using special warranty deeds for residential real estate transactions.

Proofreading Pointers

By Justice Michael B. Hyman
September
2021
Column
, Page 44
Tips and a checklist for proofreaders. Plus, can you spot the intentional typos in this column?

Proper venue for identity theft includes the county where the victim resides

August
2021
Illinois Law Update
, Page 18
On May 20, 2021, the Illinois Supreme Court decided that for identity theft, venue was proper in both the county where a defendant’s acts occur and the county where the victim resides.

Public property merely incidental to a recreational facility is not itself per se recreational for purposes of the Tort Immunity Act

January
2021
Illinois Law Update
, Page 14
On Oct. 6, 2020, the Third District of the Illinois Appellate Court held that closing a public street for a recreational event a few days a year may not be enough to alter the street’s character under the Local Governmental and Governmental Employees Tort Immunity Act.

Qualification for defendant to enter mayoral race restored by then-Gov. Rauner after a federal mail fraud conviction

November
2021
Illinois Law Update
, Page 16
On Aug. 26, 2021, the Illinois Supreme Court reversed a First District Illinois Appellate Court decision holding the defendant was not qualified to run in a mayoral race after a federal mail fraud conviction.

Qualified interpreters now available at individualized education program meetings

May
2021
Illinois Law Update
, Page 16
The Illinois State Board of Education adopted amendments to the Part titled Special Education. The rulemaking creates a “qualified interpreter” position to assist parents with limited English proficiency during individualized education program (IEP) meetings.

Quantum meruit recovery not allowed when the underlying contract is unenforceable

December
2021
Illinois Law Update
, Page 14
On Sept. 8, 2021, the First District of the Illinois Appellate Court denied a quantum meruit recovery because the underlying contract was unenforceable on public policy grounds.

Reading Redux

By Karen Erger
April
2021
Column
, Page 52
The rewards of rereading your favorite books.

Ready, Set, Action: Illinois Courts on Screens Near You

By Pete Sherman
February
2021
LawPulse
, Page 10
Illinois Supreme Court consolidates rules for broadcasting remote court hearings under new Rule 44.

Ready to Lead?

By Rory T. Weiler
December
2021
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Ready to Lead?

By Rory T. Weiler
November
2021
Column
, Page 10
Nominate Yourself for an ISBA Committee or Section Council

Ready to Lead?

By Anna P. Krolikowska
January
2021
Column
, Page 9
Nominate Yourself for an ISBA Committee or Section Council

Recollections From a Member of the ISBA Leadership Academy’s First Class

March
2021
Column
, Page 50
A solo attorney reflects on what he learned from the ISBA’s new Leadership Academy.

Reliable recordkeeping and reasonableness beyond loadstar required for attorney fees grossly disproportionate to compensatory damages

February
2021
Illinois Law Update
, Page 14
On Nov. 6, 2020, the First District of the Illinois Appellate Court reversed a judgment for attorney fees for which there existed no reliable timekeeping records and remanded a judgment for attorney fees grossly disproportionate to compensatory damages for further inquiry into their reasonableness.

Remote appearances are now allowed for more court hearings when no witness testimony will be taken

December
2021
Illinois Law Update
, Page 14
The Code of Criminal Procedure of 1963 is amended to provide for remote court hearings in certain situations.

Remote Jury Selection & Keeping the Doors of Justice Open

By Terry A. Mueller
June
2021
Article
, Page 28
Lessons learned from an attorney who participated in Illinois’ first remote civil jury trial.

Repose in Peace

By David C. Thies, Daniel R. Thies, & Mia O. Hernandez
October
2021
LawPulse
, Page 10
The enactment of Illinois Senate Bill 2179 makes the six-year statute of repose for legal malpractice claims applicable to estate planning.

Revising: An Exquisite Pleasure of Writing

By Justice Michael B. Hyman
June
2021
Column
, Page 40
A thorough checklist for revising thoroughly.

Right of First Refusal, Right?

By Mitchell L. Marinello & Andrew P. Shelby
January
2021
Article
, Page 40
Illinois courts do not treat all rights of first refusal equally.

Rule 201(b)(3) expert’s work product is discoverable only upon showing of exceptional circumstances

February
2021
Illinois Law Update
, Page 14
On Nov. 19, 2020, the Illinois Supreme Court held that a Rule 201(b)(3) nontestifying expert’s identity, opinions, and work product are discoverable only upon a showing of exceptional circumstances in medical malpractice cases.

Rule 317, Appeal as a Matter of Right

By Charles N. Insler
May
2021
Article
, Page 36
A shot at the Illinois Supreme Court through an intriguing use of Illinois Supreme Court Rule 317.

Rules for disposal of deceased livestock updated to incorporate more modern and safer procedures

March
2021
Illinois Law Update
, Page 18
The Department of Agriculture adopted amendments to the Illinois Dead Animal Disposal Act, easing restrictions on livestock producers when disposing of animal carcasses.

School district policies shall include definitions of prohibited grooming behaviors and boundary violations for school personnel

December
2021
Illinois Law Update
, Page 14
The School Code is amended to mandate school districts to include in their policies a definition of prohibited grooming behaviors and how to report these behaviors.

Scope of practice and licensure procedures for licensed nurses modernized

April
2021
Illinois Law Update
, Page 18
The Department of Financial and Professional Regulation adopted amendments to the Nurse Practice Act, clarifying the scope of practice and licensure procedures for licensed nurses. Licensed nurses and their employers are affected by these changes.