All the latest developments in health care lawBy W. Eugene Basanta, Elizabeth LaRocca, & Ashley LindsleyHealth Care Law, September 2017Recent cases, legislation and regulations of interest to health care law practitioners.
All the latest developments in health care lawBy W. Eugene Basanta, Ashley Lindsley, & Chelbie A. MitchellHealth Care Law, June 2017Recent cases, legislation and regulations of interest to health care law practitioners.
All the latest developments in health care lawBy W. Eugene Basanta, Elizabeth LaRocca, & Chelbie A. MitchellHealth Care Law, March 2017Recent cases, legislation and regulations of interest to health care law practitioners.
Alternative court aims to keep the mentally ill from repeat criminal actsBy Judith MillerMental Health Law, December 2017With more than a decade of statistics available since the inception of the Treatmetn Alternative Court in the 16th Judicial Circuit, Kane County has contracted with Aurora University to conduct a full analysis of the impact of TAC. Pursuant to the Mental Health Treatment Act, the county’s study will include an analysis of recidivism rates.
Americans with Disabilities Act: Is your Website Accessible?By Michael D. WongDiversity Leadership Council, June 2017Compliance with Version 2.0 AA of the Web Content Accessibility Guidelines, published by the World Wide Web Consortium, requires addressing issues that impact how a website is perceived, operable, understandable and robust.
The amount of evidence required to rebut the statutory presumption in 6(f) of the ActBy Monica J. KiehlWorkers’ Compensation Law, September 2017In Johnston v. Illinois Workers’ Comp. Comm’n, et al., the Appellate Court considered the correct standard to be used when rebutting the statutory presumption contained in Section 6(f) of the Act, finding that it is an “ordinary rebuttable presumption,” which merely requires the employer to offer some evidence to show that a petitioner’s condition was caused by something other than his or her occupation.
Animal welfare topics at the forefrontBy Jeffrey A. MolletAgricultural Law, March 2017There have been a couple of developments on the animal welfare front recently, one by the United Nations and the other from the USDA.
Anthony R. Holstine v. The Illinois Workers’ Compensation Commission et al.; NO. 2-16-0339WC (Rule 23 decision) When is an 8(d)1 award mandatory?By Deborah BenzingWorkers’ Compensation Law, June 2017Given the Court’s expression of preference of 8(d)(1) awards, respondents should be careful to always consider the use of vocational experts to address whether the injury resulted in an impairment of the capacity to earn or, although unlikely, establish a waiver of 8(d)(1) benefits by claimant on the record when asserting that permanency should be based on 8(d)(2) as opposed to 8(d)(1).
Appellate court confirms importance of Dead Man’s Act in surviving litigationBy Jason G. SchutteCivil Practice and Procedure, September 2017The Dead Man’s Act can be a very effective tool in defending personal injury claims. It can be used to wholly defeat a negligence case, as occurred in Spencer v. Strenger Wayne.
Appellate court does not extend traveling employee doctrine to police officer commuting to mandatory trainingBy Guy R. Spayth, Jr.Workers’ Compensation Law, January 2017In Jason Allenbaugh v. IWCC, the Third District Appellate Court, Workers’ Compensation Division, refused to extend workers’ compensation benefits to a police officer who was involved in an automobile accident while traveling to police headquarters to attend a mandatory training session.
Appellate Court establishes statutory guideline for wage differential benefit calculationBy Gerald W. NapletonWorkers’ Compensation Law, September 2017The issue in Crittenden v. The Illinois Workers’ Compensation Commission dealt specifically with Section 8(d)(1)’s language concerning “the average amount which a claimant is able to earn in some suitable employment or business after the accident.”
Appellate Court upholds dismissal of Marque Medicos class action suitBy Jim ByrnesWorkers’ Compensation Law, September 2017On June 30, 2017, the First District of the Illinois Appellate Court issued a decision affirming an order by Judge Rita Novak of the Circuit Court of Cook County, dismissing with prejudice a class action suit filed by Marque Medicos Fullerton, LLC and other plaintiffs against various workers’ compensation carriers
Appellate court warns practitioners to comply with Supreme Court Rule 341(h)(3) or have their brief strickenBy Richard D. HanniganWorkers’ Compensation Law, January 2017The Appellate Court's decision in Dayton Freight Lines v. IWCC et al. contained an admonition: "In the past we have noted the deficiencies in the briefs which we have received but nevertheless addressed the issues raised and the resolve those appeals without striking the offending brief or appendix. In the future, however, this court may not be so inclined. Practitioners would be well advised to heed our warning."
Appellate updateBy Barbara GoebenMental Health Law, June 2017Recent cases of interest to mental health practitioners.
Are hiring practices targeting college students discrimination under the ADEA?By Allison P. SuesDiversity Leadership Council, June 2017Plaintiffs in Rabin v. Pricewaterhouse Coopers LLP assert that the firm’s hiring practices focused on attracting younger workers through their promotional materials, which featured only pictures of younger employees, stated that the majority of their workforce is made up of millennials, and described perks geared towards younger employees, such as student loan repayment assistance.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, October 2017Consider writing for this newsletter.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, September 2017Consider writing for this newsletter.
Austin Fleming Newsletter Editor Award – Two of our very ownBy Emily VivianGovernment Lawyers, May 2017On Friday, June 16, Lynn Patton and Kathryn (“Kate”) Kelly, co-editors of this newsletter, will receive the 2017 Austin Fleming Newsletter Editors Award.
Avoiding liabilities when working alongside real estate agentsBy Colleen L. SahlasReal Estate Law, May 2017Working relationships between attorneys and agents in real estate can often be positive and valuable. But it’s critical to understand and address the roles between agents and attorneys, define the boundaries, and be wary of potential liabilities that could result from working alongside them.
The Awakenings Project facilitates empowerment, advances recoveryBy Irene Lamb O’Neill & Robert King LundinMental Health Law, December 2017People familiar with psychiatric illnesses understand the painful loss of purpose and self-esteem that often accompanies these disorders. The arts can heal some of these wounds, providing individuals who struggle with these disabling illnesses hope, purpose and a sense of identity.
Bail reform comes to IllinoisBy William L. Vig & Sara Mayo VigTraffic Laws and Courts, October 2017The bail-related provisions of the Bail Reform Act of 2017 take effect January 1, 2018. Here's what you need to know.
Balancing litigation and transactional workBy Ian HoffenbergLaw Office Management and Economics, Standing Committee on, June 2017In order to maintain competence and professionalism in both areas, there are many things to consider.
Bankrupt widows and widowers beware: In re Jaffe, is out thereBy David A. ZulkeyReal Estate Law, November 2017This case ultimately holds that death of a spouse terminates any interest held in a tenancy-by-the-entirety and, therefore, prohibits that interest in said property from being exempt from collection by a creditor under the Bankruptcy Code and Illinois law.
Basics of involuntary transfers/discharges from nursing homesBy Dolores WigmanElder Law, February 2017Because of the physical and emotional harm caused by moving the elderly and frail from familiar surroundings and routines, federal and state laws provide nursing home residents the right to remain in their nursing homes except in limited circumstances.
Batson revisited: Exploring racial bias in contemporary jury selectionBy Timothy James TingRacial and Ethnic Minorities and the Law, January 2017Thirty years have passed since the hallmark decision of Batson v. Kentucky,. While racial discrimination in jury selection may no longer exist in such a blatant fashion as it did in yesteryear, attorneys should be aware of the subtle racial bias still present in contemporary jury selection.
