Articles From 2017

Comments from the Editor By Craig R. Hedin Mineral Law, September 2017 News and updates of interest to mineral law practitioners.
Comments from the Editor By Craig R. Hedin Mineral Law, June 2017 News and updates from Editor Craig Hedin.
Comments from the Editor By Craig R. Hedin Mineral Law, March 2017 News and updates from Editor Craig Hedin.
A commitment to truth By Hon. Michael B. Hyman Bench and Bar, August 2017 Author Michael Hyman suggests that the recent assault on the concept of truth is also an assault on our legal system.
The Committees on Character and Fitness By Jennifer E. Bae Young Lawyers Division, February 2017 A detailed look at the law license admission process for new attorneys.
Community cats receive support from the American Bar Association By Richard Angelo Animal Law, September 2017 At the annual ABA Meeting in August, the ABA House of Delegates endorsed trap-neuter-vaccinate-return programs for free-roaming cats.
Competence plus—Why diversity matters By Vincent F. Cornelius Diversity Leadership Council, June 2017 A message from ISBA President Vincent Cornelius.
1 comment (Most recent June 12, 2017)
Computation of basic child support obligation By Margaret Bennett Family Law, May 2017 A look at how the new income shares legislation will impact child support calculations.
Condominium property subject to easements? YES! A review of Madden v. Scott, 2017 IL App (1st) 162149, (1st Dist. 2017) By Ellis B. Levin Real Estate Law, October 2017 The decision in Madden is another step in the long history of expanding Illinois easement holder rights.
Conducting a human resources audit: A primer By Mark A. Spognardi Corporate Law Departments, October 2017 This primer should prove helpful to all employers that are committed to having solid and lawful employment and labor relations policies and practices.
Conflict Resolution Day is October 19, 2017 Law Related Education for the Public, October 2017 Learn more about the Association for Conflict Resolution and its upcoming Conflict Resolution Day.
Conflicts of interest and the duty of the insurance company to defend By Jason G. Schutte Insurance Law, May 2017 Claims professionals will satisfy the insurer’s duty to defend while addressing any conflict of interest by first identifying the potential conflict, disclosing the potential conflict, then executing one of the three options listed in this article.
Conflicts of interest and the duty of the insurance company to defend By Jason G. Schutte Civil Practice and Procedure, March 2017 When is an insured not required to utilize an insurer-retained attorney in defending an underlying lawsuit?
A conservative approach in collecting taxes is not fraud By Stanley R. Kaminski, John Kendzior, & Kyle Molidor State and Local Taxation, November 2017 In the recent case of Bartolotta v. Dunkin’ Brands Grp., Inc., the United States District Court for the Northern District of Illinois dismissed, with prejudice, a class action suit against Dunkin’ Brands Group, Inc. and one of its franchisees in Illinois which alleged that they violated the Illinois Consumer Fraud Act by over collecting sales tax on their coffee bag sales.
Consider the single-fund QTIP trust for your farmer clients By Alan E. Stumpf Agricultural Law, November 2017 A sample letter for clients presenting a draft of the single-fund QTIP trust.
Constitution Day—September 17, 2017 By Nancy Easum Law Related Education for the Public, July 2017 On September 17, 2017, the United States Constitution will be 230 years old.
Cook County Judge Debra Walker is first judge to receive NCBF Excellence Award By David M. Anderson Bench and Bar, March 2017 Judge Walker is the third person and first judge to receive this award, which recognizes an individual who has made an outstanding contribution to law-related philanthropy.
Cook County Sweetened Beverage Tax legal challenges continue as retailers collect new tax By David J. Kupiec & Natalie M. Martin State and Local Taxation, August 2017 Cook County retailers started collecting the Sweetened Beverage Tax on August 2, 2017.
The costs of condominium documents and disclosures in condo sales By Adam B. Whiteman Real Estate Law, May 2017 There is growing concern among real estate practitioners that management companies view these charges as a gravy train in that most of the information being provided is completely automated. In light of this automated method of delivery, is a $300-$500 fee really “reasonable”?
Country Preferred Insurance Company v. Lori Groen By Herbert Franks Workers’ Compensation Law, June 2017 A setoff provision in an employee’s uninsured motorist policy providing that payments made pursuant to the Worker’s Compensation Act will reduce the amount payable under the policy is enforceable and applicable to payments made by the employer to the employee’s medical providers.
Court affirms that ‘disability harassment’ constitutes unlawful discrimination: A confirmation that certain truths are self-evident By Jolianne S. Walters & Glenn R. Gaffney Labor and Employment Law, March 2017 Despite the Second District’s analysis and findings in Rozsavolgyi v. City of Aurora,, the City has moved to appeal to the Illinois Supreme Court, where it is currently pending.
Court orders and detective Sergeant Joe Friday By Michael J. Maslanka Young Lawyers Division, April 2017 When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
Court parses Human Rights Act jury instructions By Michael R. Lied Labor and Employment Law, March 2017 The case of Schnitker v. Springfield Urban League, Inc. proves it is always helpful to read a decision that addresses jury instructions, particularly where there are no pattern instructions.
Court permits fraud claim against hospital based on PPO agreement Employee Benefits, March 2017 A recent decision from the Third District Appellate Court involves a PPO arrangement between the defendant-hospital and an insurer, where the plaintiff was a participant in the PPO plan and received medical services at the hospital.
Courts issue victories to conservation easement donors By Jennifer Benda Agricultural Law, September 2017 August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day.
Crop share leases making a comeback? By Jeffrey A. Mollet Agricultural Law, August 2017 As the historically high sale prices of farmland has softened in many areas, landlords are considering other lease options and show a renewed interest in the crop share lease. Here are a few issues to consider.
Cutting costs, maximizing memberships and streamlining your practice By Elisha S. Deen Law Office Management and Economics, Standing Committee on, December 2017 This article highlights the many small ways in which one can keep the costs of necessities down by using resources he or she already has or by simply doing a little price checking.
A “deadline” is the date or time before which a task must be completed By Robert Handley Civil Practice and Procedure, November 2017 In this case, the Notice of Appeal was due on December 14, 2016. However, Plaintiff did not file until December 21, 2016. Further, Plaintiff did not file an Illinois Supreme Court Rule 303(d) “Motion for Leave to File a Late Notice of Appeal.”
Defining net income under an income shares model By Paula E. Pitrak Family Law, August 2017 New formulas have been created to compute net income, and certain deductions are no longer permitted—altering the amount of income to be considered when calculating child support.
Demystifying “unduly burdensome” under FOIA By Robert L. Miller Government Lawyers, March 2017 The Freedom of Information Act provides that every person is entitled to complete information about Illinois governmental agencies. However, the Act includes various types of exclusions including approximately 70 enumerated exemptions, an unknown number of exemptions under the umbrella of 5 ILCS 140/7(1)(a), and the “unduly burdensome” exemption.