Articles From 2015

The continued need for better implementation of consular notification and access By Cindy G. Buys International and Immigration Law, March 2015 The recent case of Mordi v. Zeigler demonstrates the continued need for Illinois State Police Officers to provide consular notification and access to a foreign defendant.
Continuing legal education programs Education Law, January 2015 Save the dates for these two not-to-be-missed education law programs!
Contractor barred from re-recording mechanics lien By Jason Callicoat Construction Law, February 2015 In Oxford 127 Huron Hotel Venture, LLC v. CMC Organization, LLC, the First District Appellate Court held that a general contractor who recorded mechanics lien releases had forever given up its claims for any mechanics liens claims on the project.
Conviction for aggravated failure to report an accident resulting in death affirmed By J. Brick Van Der Snick Traffic Laws and Courts, December 2015 In People v. Moreno, Defendant was convicted after a bench trial despite the fact that the Defendant was “physically unable” to report the accident at a police station within 30 minutes because he had been taken to the hospital and was then taken into custody.
The Cook County Bar Association objects to cuts proposed by Governor Bruce Rauner to funding of services for “youth” in foster care Age 18-24 Racial and Ethnic Minorities and the Law, May 2015 CCBA stands with the “older” foster children who need assistance with completing college and other support services as they embark on adulthood.
Cook County Board of Review introduces a new digital filing system By Michael M. Cabonargi State and Local Taxation, August 2015 A brief history of the technological advances of the Board of Review prior to its new Digital Appeals Processing System (DAPS), the Board of Review's efforts to design and implement DAPS, and the benefits this new system will provide.
Cook County judge finds law precluding court supervision for “excessive speeding” unconstitutional By Tom Speedie Traffic Laws and Courts, May 2015 In his motion, the judge argued that the aggravated speeding statute is unconstitutional as violating Due Process and Equal Protection, and that preclusion of court supervision on the charge pursuant to 730 ILCS 5/5-6-1(p) violates the proportionate penalties clause of the Illinois Constitution.
2 comments (Most recent July 16, 2015)
The Cook County Wage Theft Ordinance of 2015—The impact on property tax incentives By Donald T. Rubin State and Local Taxation, July 2015 An explanation of this new amendment, which went into effect on May 1st of this year.
Corporate governance and deepening insolvency: Part I—Lessons from Lemington Home for the Illinois practitioner By Mark A. Carter Business and Securities Law, April 2015 The Lemington Home litigation offers Illinois practitioners a veritable “case study” on the duties and obligations of directors, officers and managers of an enterprise facing deepening insolvency.
Costs for plaintiffs and small municipalities under ARL, effective January 2015 By J.A. Sebastian Administrative Law, February 2015 Public Act 98-1105 became effective on January 1, 2015 and provides for a completely new provision related to the Illinois Administrative Review Law.
Council chair report By Bruce H. Schoumacher Construction Law, July 2015 A farewell note from Ex-Officio Bruce Schoumacher. 
Court erred in admitting text messages By Michael R. Lied Bench and Bar, September 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Court erred in admitting text messages By Michael R. Lied Civil Practice and Procedure, June 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Court opinions of interest By Jeffrey A. Mollet Agricultural Law, December 2015 Recent decisions of interest to agricultural law practitioners.
Court rejects res judicata but upholds dismissal based on forum non conveniens issues By Nigel Smith Civil Practice and Procedure, February 2015 The issue in Bjorkstam v. MPC Products Corp., was whether plaintiffs were entitled to reinstate their complaint against defendants after the circuit court had originally dismissed it based on forum non conveniens and their refiled Texas suit had then been dismissed with prejudice for lack of proper service.
Court upholds consular non-reviewability 5-4 By Tejas Shah International and Immigration Law, September 2015 For the first time in over 40 years, the Supreme Court revisited the seemingly well-settled doctrinal issue of consular non-reviewability in Kerry v. Din.
Court upholds limitation of liability clause By Doug Giese Construction Law, February 2015 The recent case of Boshyan v. Private I. Home Inspections, Inc., outlines the tension that exists between “public policy” considerations and written contract terms which seek to impose liquidated damages and limit liability for a breach.
Critical changes in child-related domestic relations law By Hon. Michael Ian Bender, (Ret.) Bench and Bar, December 2015 On January 1, 2016, multiple legislative amendments to the Illinois Marriage and Dissolution of Marriage Act take effect. This article examines several critical changes in light of courtroom and litigation practice.
The current state of ADR education in Illinois law schools By Kyler Juckins Alternative Dispute Resolution, April 2015 A look at how ADR education has evolved over the years.
Dahlstrom v. Sun-Times Media: To redact or not to redact police reports By Jennifer Gibson Local Government Law, March 2015 This recent case could change the way municipalities fill their FOIA requests.
A decision, finally, after nineteen years: Case review By Michael J. Maslanka Human and Civil Rights, January 2015 Although the order in this case was filed under Supreme Court Rule 23, it has a very interesting history and some good tips for employers. Unfortunately, it is also a sad commentary on the delay of justice in some cases.
1 comment (Most recent January 17, 2015)
A defamation action under Rule 224 is not afforded First Amendment protections so long as the ‘necessity’ requirement is met By George S. Bellas & Misty J. Cygan Civil Practice and Procedure, October 2015 Rule 224 should be utilized to obtain the identity of an online user for defamation claims. However, the action will only survive if the allegations pass muster under the standard for section 2-615.
Defending FMLA interference claims: Employer’s burden is more strict under Collective Bargaining Agreements … honestly speaking By Paul G. Prendergast & James S. Shovlin Labor and Employment Law, September 2015 The Seventh Circuit has determined that “because an employee has ‘no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed,’ an employer need only show that ‘it refused to reinstate the employee based on an honest suspicion that she was abusing her leave.’”
Defining personhood under the Illinois Gender Violence Act: A summary of the Illinois Gender Violence Act and whether its applicability extends to entities, corporations and municipalities By Catherine D. Battista & Priti Nemani Diversity Leadership Council, June 2015 To date, no Illinois court has ruled that liability under the Act is limited to natural persons. As a result, courts are tasked to consider the statutory language of the Act and whether it may be inclusive of corporate defendants.
DePaul alumni share secrets of success with current law students By Sherry H. Joseph Young Lawyers Division, April 2015 On the Evening of March 19, 2015, five alumni of the University of DePaul College of Law engaged in honest and practical conversations with current law students on the realities of practicing law.
Deposition objections: Are you saying too much? Or too little? By Daniel Thies Federal Civil Practice, April 2015 A recent federal court decision from the Northern District of Iowa, Security Nat’l Bank of Sioux City v. Abbot Labs appears to criticize counsel both for saying too little, and also for saying too much. How are counsel to navigate this potential minefield?
Despite opposition, General Assembly passes law allowing bobcat hunting in Illinois By Jane McBride Animal Law, September 2015 On July 14, 2015, Governor Bruce Rauner signed a bill that provides statutory authority to establish a bobcat hunting and trapping season in Illinois.
DHS extends eligibility for work authorization to the spouses of certain H-1B status holders By Tejas Shah International and Immigration Law, April 2015 It is estimated that the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years.
The diminishing value of USEPA’s audit policy and the increasing value of privileged internal investigations By Jeffrey C. Corey Environmental and Natural Resources Law, January 2015 As useful as they may be for purposes of running and improving a business, audit reports may be equally useful to someone who has a reason to file suit against the company.
A discussion of facial recognition technology, interactive displays and recent legal developments By Deirdre A. Fox Intellectual Property, November 2015 Contemporary facial recognition software facilitates finding friends' photos, but also raises privacy concerns and may engender liabilities for database compilations of biometric data (facial geometry) that identify individuals. Suits against Faceebook and Shutterfly allege their tag suggestions violate Illinois law protecting biometric data, 740 ILCS 14 et seq. Digital interactive signs that change in real time dependent on demographic data raise parallel problems. The FTC issued guidance. The Internet of Things promises more issues.