Section Newsletters

Articles From 2016

“Actual fraud” and the discharge of certain debts in bankruptcy By Jeffrey A. Mollet Agricultural Law, September 2016 In Husky International Electronics, Inc. v. Ritz, the Supreme Court’s decision settles a split among certain Circuits as to whether “actual fraud” under §532(a)(2)(A)3 of the Bankruptcy Code requires the debtor to make a false representation, or whether the exception is applicable in the absence of such a false representation where the debtor benefited from a deliberate fraudulent transfer or a fraudulent conveyance scheme.
Addressing a technology issue in a standard settlement agreement By Peter LaSorsa Legal Technology, Standing Committee on, August 2016 The author has reviewed hundreds of settlement agreements and discusses what he feels is lacking in most of these agreements' confidentiality clauses.
Administrative inspection warrants and pursing the demolition, repair, enclosure, or remediation of unsafe buildings pursuant to 65 ILCS 5/11-31-1 By Hon. Luis A. Berrones Local Government Law, November 2016 This article outlines the procedure for obtaining an administrative inspection warrant and the procedure available under §11-31-1 of the Municipal Code to address the issue of unsafe buildings within a municipality’s corporate boundaries.
Admissibility of school report cards By Kathleen M. Kraft Family Law, July 2016 A look at the two avenues available to utilizing the school report cards in trial.
ADR CLE opportunities By Lauren Edmunds Alternative Dispute Resolution, April 2016 Mark your calendar now for these upcoming ISBA CLE programs.
Advice to young attorneys: How to grow your career By Amanda M. Oliver Young Lawyers Division, June 2016 The author shares her tips on how to stand out and get ahead in your career.
Alcohol and mental health problems demand action By Patrick Krill Bench and Bar, May 2016 A recently published study confirms a substantial level of behavioral health problems among attorneys and, in short, reveals cause for great concern.
All the latest developments in health care law By W. Eugene Basanta & Chelbie A. Mitchell Health Care Law, December 2016 Recent cases of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta & Chelbie A. Mitchell Health Care Law, September 2016 Recent cases of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta & Chelbie A. Mitchell Health Care Law, June 2016 Recent cases of interest to health care law practitioners.
All the latest developments in health care law By W. Eugene Basanta & Chelbie A. Mitchell Health Care Law, March 2016 Recent cases of interest to health care law practitioners.
Alternative legal careers By Natali Marquez-Ponce Young Lawyers Division, August 2016 If you have a law degree, the law firm career is not your only option.
The alternatives to registering for the ‘active’ practice of law By Timothy J. Howard Senior Lawyers, October 2016 If you were considering leaving the full-time practice of law, what are your options in registering with the Attorney Registration and Disciplinary Commission (ARDC)? There are four different alternative statuses described in the Illinois Supreme Court Rules. They are “inactive status,” “disability inactive status,” “retirement status” and “permanent retirement status.” The place to begin understanding the differences is Supreme Court Rule 756, which is titled “Registration and Fees.”
The amendments to the federal rules: E-discovery is the focus By George S. Bellas & Thomas Hardiman Civil Practice and Procedure, January 2016 A look at the amended Rules as they pertain to discovery.
Animal law and environmental law: Exploring the connections and synergies By Angela Peters Animal Law, December 2016 Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal law counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the U.S. and abroad.
Animal laws in the news By Melissa Anne Maye Animal Law, September 2016 Three recent cases of interest to animal law practitioners.
Announcement – Russian Law Students Project International and Immigration Law, October 2016 The Russian Law Students Project is seeking volunteer presenters for the 2016-17 academic year.
Announcing the ISBA Website for New Lawyers By Marie K. Sarantakis Young Lawyers Division, October 2016 The new site is an extension of the ISBA original website, but is specifically tailored to cater to new lawyers’ needs. It lists a plethora of benefits connected with ISBA membership that are especially meaningful to a new attorney, including complimentary access to FastCase legal research, a listing in the Illinois Lawyer Finder referral database, daily case digests, and continuing legal education credits.
Another bullying case dismissed in federal court By Roland R. Cross Education Law, April 2016 On August 24, 2015, the United States Court of Appeals, Seventh Circuit, upheld a decision from the Northern District of Indiana which granted summary judgment to East Porter County School Corporation, Morgan Township Middle/High School, Porter Township School Corporation and Boone Grove Middle School with respect to allegations that the Districts violated a student’s Section 1983 rights with respect to allegations of bullying.
Another favorite app By William W. Austin Senior Lawyers, June 2016 Have trouble remembering all of your passwords? Try this password manager app.
Anthony P. Tummelson v. Elizabeth Ann White, 2014 IL App (4th) 150151, December 30th, 2015 By Philip J. Vacco Real Estate Law, March 2016 Would a transfer of funds from one cohabitant to another for the purpose of making mortgage payments, as well as other monthly obligations, be considered a gift or a contribution to the property?
Appellate court addresses Concealed Carry Licensing Review Board By Tracy Douglas Administrative Law, November 2016 This case highlights some problems with Illinois' concealed carry law.
Appellate court affirms conviction for DUI with .059 BAC By Jeremy J. Richey Traffic Laws and Courts, May 2016 The decision in People v. Phillips is consistent with other Illinois cases.
Appellate court affirms trial court’s suppression of PBT results and no probable cause for DUI arrest: People v. Taylor, 2016 IL App (2d) 150634 By J. Brick VanDerSnick Traffic Laws and Courts, December 2016 In a published opinion issued July 20, 2016 by the Second District Appellate Court, the trial court’s suppression of defendant’s PBT results was affirmed.
Appellate court issues decision on June 28, 2016 regarding the failure of the parties to offer an AMA rating exam into evidence By Richard D. Hannigan & Cameron B. Clark Workers’ Compensation Law, July 2016 With the decision in Corn Belt Energy Corp. v. Illinois Workers’ Compensation Commission, the courts are one step closer to resolving the issue of whether the submission of a PPD rating report into evidence (also referred to as an AMA rating examination) is mandatory in order for the Illinois Workers’ Compensation Commission to award permanent partial disability benefits.
Appellate court provides further guidance on the enforceability of restrictive employment covenants By Samuel Neschis Business and Securities Law, May 2016 In AssuredPartners, Inc. v. Schmitt, the court reviewed the reasonableness of restrictive employment covenants under the Reliable Fire standard.
Appellate court reverses trial court’s denial of allowing defendant to present a defense at trial By J. Brick Van Der Snick Traffic Laws and Courts, May 2016 A second summary of the decision in People v. Way.
Appellate court reverses trial court’s findings of no jurisdiction for the police officer to arrest defendant—People v. Reynolds, 2016 IL App (4th) 150572 By J. Brick VanDerSnick Traffic Laws and Courts, October 2016 In this recent opinion, the Appellate Court reversed the trial court's finding that the officer lacked jurisdiction to arrest to motorist.
Appellate update By Andreas Liewald Mental Health Law, May 2016 Illinois Supreme Court In re Linda B., 2015 IL App (1st) 132134 (February 18, 2015) Illinois Guardianship and Advocacy Commission has filed a PLA and has filed a Motion for Extension. Respondent was held on medical floor for 17 days before a petition for involuntary admission was filed.
Appellate update By Andreas Liewald Mental Health Law, March 2016 Recent cases of interest.