2022 Articles

Illinois State Police provide clarifying updates on FOID cards and FCCLs

April
2022
Illinois Law Update
, Page 14
The Illinois State Police adopted amendments to the Parts titled Firearm Owners’ Identification Card Act and the Firearm Concealed Carry Act. These amendments clarify the Firearm Owner’s Identification Card (FOID) and the Firearm Concealed Carry License (FCCL) process.

Illinois Supreme Court lacks appellate jurisdiction to review trial court’s resolution of an issue under Rule 304(a)

March
2022
Illinois Law Update
, Page 18
On Dec. 16, 2021, the Illinois Supreme Court held that it lacked appellate jurisdiction to review a trial court order because the order was not final.

Illinois Supreme Court Rule 137 sanctions should be reserved for egregious behavior

February
2022
Illinois Law Update
, Page 14
On Nov. 17, 2021, the First District of the Illinois Appellate Court found that the trial court erred in assessing a sanction against two attorneys.

Illinois tax delinquency could result in denial of cannabis dispensary license

March
2022
Illinois Law Update
, Page 18
The Department of Financial and Professional Regulation adopted amendments to the Cannabis Regulation and Tax Act. The Department will now deny issuance or renewal of a cannabis dispensing license if any principal officer, board member, and/or person having a financial or voting interest of 5 percent or more in the applicant or licensee is delinquent in filing for taxes

Illinois taxpayers subject to taxation by foreign countries despite U.S. treaty exemption

December
2022
Illinois Law Update
, Page 12
The Department of Revenue adopted an amendment to the Part titled Income Tax. The amendment removes the stipulation regarding treaties with foreign countries in determining whether an Illinois taxpayer is subject to the income tax

I’m Just Browsering

By Jeffrey R. Schoenberger
June
2022
Column
, Page 44
How to choose a browser that’s right for you.

In With the New

By Amelia Buragas
May
2022
LawPulse
, Page 10
Illinois Judicial Conference task force to recommend which pandemic-related technology should stay.

Increased protections for sexual assault survivors

October
2022
Illinois Law Update
, Page 16
This Act amends the Sexual Assault Survivors Emergency Treatment Act by increasing the timeline from 90 days to 180 days for follow-up health care in connection with a sexual assault.

Inmates scheduled to be discharged must be given information necessary to reenter the community and avoid recidivism

May
2022
Illinois Law Update
, Page 14
The Unified Code of Corrections is amended to afford inmates to be discharged with information necessary to avoid recidivism.

Insurance company’s lack of notice of underlying action relieves duty to indemnify or defend the resulting judgment

November
2022
Illinois Law Update
, Page 18
On Aug. 15, the First District of the Illinois Appellate Court held that an insurance company must receive actual notice of a suit against its insured to trigger a duty to indemnify or defend the insured.

Insurance Providers & BIPA Litigation

By Charles N. Insler
October
2022
Article
, Page 36
BIPA litigation has become a mainstay of Illinois courts. But do insurers have an obligation to defend their insureds in BIPA litigation?

Insurers must pay replacement vehicle use or occupation tax, title fees, and transfer fees

December
2022
Illinois Law Update
, Page 12
This Act amends the Illinois Insurance Code. When an insurer determines an insured or third-party claimant’s private-passenger vehicle is a total loss and is covered under the terms of a personal automobile policy issued or renewed on or after July 1, 2022, the insurer must pay a replacement vehicle use or occupation tax, and title and transfer fees.

Intoxicated Passengers and Common Carriers

By Gerald T. Donoghue
August
2022
Article
, Page 36
Do common carriers owe a duty of additional care to intoxicated passengers?

Investigating officer’s inaccurate implication to grand jury that defendant confessed to crime denied due process

December
2022
Illinois Law Update
, Page 12
On Sept. 23, 2022, the Second District of the Illinois Appellate Court held that a grand jury indictment should be dismissed where testimony falsely represented that the defendant had confessed.

Involuntary administration of medication permissible, even against recipient’s health care power of attorney’s wishes

December
2022
Illinois Law Update
, Page 12
On Sept. 22, 2022, The Illinois Supreme Court upheld an order for involuntary administration of psychotropic medications after a power of attorney refused treatment.

Involuntary electroconvulsive therapy allowed for patient experiencing fluctuating levels of capacity

November
2022
Illinois Law Update
, Page 18
On Aug. 4, the First District of the Illinois Appellate Court held that involuntary electroconvulsive therapy (ECT) would be allowed for a patient who had previously declined the treatment.

ISBA Leans Into DEI

By Ed Finkel
June
2022
Cover Story
, Page 20
Diversity, equity, and inclusion consultants speak truth to the ISBA.

The ISBA’s Open Elections

By Anna P. Krolikowska
March
2022
Column
, Page 8
“Open,” as in “open to everyone.”

It Takes All Types

By Karen Erger
August
2022
Column
, Page 44
In which the author proposes a videoconferencing version of the Meyers-Briggs personality test.

It’s About Time

By Pete Sherman
May
2022
LawPulse
, Page 10
Time standards for Illinois courts to take effect July 1.

It’s Election Season

By Jesse Bowman
September
2022
Column
, Page 48
The Illinois General Assembly’s website provides abundant information for gauging the productivity of legislators seeking reelection.

It’s Tough to Be Ford

By Grant A. Bosnich
April
2022
Article
, Page 40
The 2021 U.S. Supreme Court decision in Ford Motor Company and its sprouting Illinois caselaw clarifying the “arising from” prong of specific personal jurisdiction.

Judge for Yourself

By Amelia Buragas
July
2022
LawPulse
, Page 10
The ISBA begins to process the results of its diversity, equity, and inclusion assessment.

Judge for Yourself

By Amelia Buragas
June
2022
LawPulse
, Page 10
The Illinois Judges Association launches efforts to combat misinformation about the judiciary.

Judges in the News

By Charles J. Northrup
October
2022
Column
, Page 46
The new Illinois Judicial Code of Conduct has plenty to say to attorneys, too.

The “Just-Right” Conundrum

By Ed Finkel
August
2022
Cover Story
, Page 20
Reading the room when gender biases and stereotypes are in play.

Justice Garman’s Life on the Bench

By Pete Sherman
July
2022
LawPulse
, Page 10
After 48+ years as a judge, Illinois Supreme Court Justice Rita Garman retires.

Juveniles in delinquency proceedings are entitled to Krankel inquiries when notice of ineffective assistance of counsel was given

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that juveniles are entitled to a Krankel hearing when the juvenile defendant makes a pro se, posttrial claim of ineffective assistance of counsel. The Court also held that a juvenile’s statement made during a sex-offender evaluation about his or her counsel’s ineffective assistance could trigger a Krankel inquiry.

Keep/Cut

By Patrick Barry
December
2022
Column
, Page 40
Try the “Keep/Cut” feedback method with colleagues, then on yourself.

Labor rules updated for child performers in film, television, and stage productions

February
2022
Illinois Law Update
, Page 14
The Department of Labor adopted amendments to the Part titled Child Labor Law. The amendment updates rules for child performers, defined as unemancipated persons under 16 who perform in live or prerecorded radio, television, motion pictures, and other entertainment.