Articles From 2018

Appellate court affirms denial of Petition to Rescind the Statutory Summary Suspension By J. Brick VanDerSnick Traffic Laws and Courts, March 2018 People v. Durden gives the Illinois trial courts some specific guidelines about a defendant who submits to a breath test with a result less than 0.08 and whether an officer can request additional tests and under what conditions
Appellate court affirms finding of guilty after stipulated bench trial By J. Brick Van Der Snick Traffic Laws and Courts, June 2018 In People v. Beck, the appellate court affirmed the lower court's finding that the testimony pertaining to retrograde extrapolation met the Frye standard.
Appellate court awards wage differential benefits even after claimant returns to work for more than two years By Candice E. Drew Workers' Compensation Law, December 2018 A summary of Red Door Spa Holdings v. Illinois Workers' Compensation Commission.
Appellate court clarifies “sole proximate cause” By Brian O. Watson Bench and Bar, August 2018 The appellate court recently made clear in Douglas v. Arlington Park Racecourse that the sole proximate cause of plaintiff’s injury may be something—other than the defendant—no matter what their status may be in the lawsuit and no matter how many they may be in number.
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Tort Law, November 2018 The Dead Man’s Act can be a very effective tool in defending personal injury claims. In Spencer v. Strenger Wayne, it was used to wholly defeat a negligence case.
Appellate court determines when nine percent judgment interest can and cannot be awarded By Sandra K. Loeb Workers' Compensation Law, July 2018 The appellate court determined that the proper interest rate to use for calculation of a final payment of a Commission award after judicial review proceedings is the interest rate set forth in the arbitrator’s decision in Dobbs Tire & Auto v. Illinois Workers’ Compensation Commission.
Appellate court finds that admission of evidence related to defendant’s blood draw was not in error By J. Brick Van Der Snick Traffic Laws and Courts, December 2018 A summary of People v. Turner, in which the defendant appealed his conviction and sentencing for two counts of aggravated driving under the influence of alcohol. 
Appellate court finds that blood in defendant’s mouth invalidated blood test By J. Brick Van Der Snick Traffic Laws and Courts, October 2018 A summary of People v. Ernsting, in which the appellate court affirmed the trial court's granting of the defendant's motion to suppress and petition to rescind.
Appellate court lacks jurisdiction to review a workers’ compensation case where the circuit court’s decision is not final By Deborah Benzing Workers' Compensation Law, December 2018 A summary of Cerro Copper v. Illinois Workers' Compensation Commission.
Appellate court refuses to find rain-soaked pavement a hazardous condition and denies petitioner benefits using a neutral risk analysis By Guy R. Spayth, Jr Workers' Compensation Law, January 2018 As the court pointed out in Barbara J. Dukich v. IWCC, an employer cannot ordinarily be held liable to pay compensation for injuries caused by forces of nature which they cannot reasonably foresee or guard against, where the Petitioner is no more subject to injury from these forces than others.
Appellate court reverses commission decision as against manifest weight of the evidence in finding in favor of award of “odd-lot” permanent total disability By Brent R. Eames Workers' Compensation Law, December 2018 The appellate court issued a Rule 23 decision that provides excellent guidance for attorneys regarding the shifting burden in establishing permanent total disability under an odd-lot theory in Sam’s Club v. Illinois Workers' Compensation Commission.
Appellate court rules condominium association need not have filed a lawsuit to collect unpaid assessments from a foreclosure By Barbara Starke Tishuk Real Estate Law, October 2018 In Sylva, LLC v. Baldwin Court Condominium Association, Inc., the appellate court ruled that a condominium association did not have to file a lawsuit against prior condo owner in order to collect unpaid assessments from a foreclosure buyer under section 9(4)(g) of the Condominium Association Act.
1 comment (Most recent October 25, 2018)
Appellate court’s estate planning advice By Michael J. Maslanka Elder Law, November 2018 In the recent case of Johnson v. Filler, the second district appellate court issued an opinion dealing with alleged legal malpractice by attorneys with regard to their preparation of wills and trusts.
Appellate court’s estate planning advice By Michael J. Maslanka Trusts and Estates, September 2018 In Johnson v. Filler, the appellate court held that constructive knowledge by an attorney of wrongful conduct is not sufficient to allege a claim of aiding and abetting.
Appellate update By Andreas Liewald Mental Health Law, October 2018 A summary and analysis of the recent appellate case, Lakewood Nursing & Rehabilitation Center, LLC v. Department of Public Health.
Appellate updates By Andreas Liewald Mental Health Law, June 2018 Analyses of two recent appellate cases, In re Jian L. and In re Wilma T.
Applying Illinois’ eavesdropping law to government practice By Robert P. Osgood Government Lawyers, September 2018 Illinois’ current eavesdropping law makes it a crime to record a “private conversation” without the consent of all parties, with some exceptions.
Appraisals, valuations, and…“Zestimates” By Frank Pellegrini Real Estate Law, July 2018 In 2017, homeowners sued Zillow alleging violation of the Illinois Real Estate Appraiser Licensing Act, tortious intrusion upon seclusion, deceptive trade practices, and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act for its "Zestimate" service.
Arbitration with nonsignatories to an agreement to arbitrate: The state of play in Illinois By Randall S. Rapp & John N. Rapp Construction Law, August 2018 Why and how a nonsignatory to an agreement to arbitrate can compel arbitration or be compelled to arbitrate in Illinois.
1 comment (Most recent August 14, 2018)
The ARDC’s proactive program for better practice management By Deane B. Brown Bench and Bar, February 2018 In accordance with the January 2017 amendments to Illinois Supreme Court Rule 756(e), effective January 1, 2018, Illinois became the first state in the country to adopt a mandatory program for all lawyers in private practice who do not maintain legal malpractice insurance, in order to register for 2019.
Are public sector unions in Illinois on the brink of extinction? By Emily R. Vivian Government Lawyers, September 2018 In June, the U.S. Supreme Court ruled that requiring nonmembers of public unions to pay fees to the union is a violation of free speech in Janus v. AFSCME.
Are you acting unethically by failing to screen for domestic violence? By Christine Hunt Young Lawyers Division, February 2018 It is an attorney’s ethical duty to both provide competent legal representation and to be an advisor to their clients. Screening for domestic violence only takes a few minutes, but is essential to successful and ethical representation.
1 comment (Most recent February 21, 2018)
Artificial insemination and the intersection of same-sex marriage By Ashley D. Davis General Practice, Solo, and Small Firm, December 2018 The second district recently addressed in In re Marriage of Dee J. the issue of whether both parents in a same-sex relationship are legally considered parents of a child conceived through artificial insemination during the marriage of the parties.
Attorney fees and quantum meruit By Erin M. Sievers Workers' Compensation Law, May 2018 The appellate court's recent decision in Abel Ponce v. Illinois Workers’ Compensation Commission addresses the apportioning of attorneys’ fees between a law firm originally hired by the claimant and the successor law firm.
Back to basics: How to revive a judgment By Julia Jensen Smolka Commercial Banking, Collections, and Bankruptcy, May 2018 A brief summary of how to revive a judgment.
Back-pay claim has 10-year statute of limitations By Phillip B. Lenzini Government Lawyers, March 2018 As a result of Prorok v. Winnebago County, back-pay claims from public employees could be brought as long as 10 years after the claim arises under the Wage Payment and Collection Act.
The bar year in review and thank you from the chair By Deane B. Brown Bench and Bar, June 2018 A note from the chair, Deane B. Brown.
The best of all possible worlds or curb your enthusiasm?: Joint trust basis considerations for common law jurisdictions By Brian J. Cohan Trusts and Estates, October 2018 Since the passage of the Tax Reform Act of 1976, the default platform for estate planning for married couples has been the ubiquitous A/B trust arrangement.
A better strategy: Reduce the contract purchase price in lieu of credits to buyers By Colleen L. Sahlas Real Estate Law, August 2018 By lowering the contract purchase price, you will simplify the transaction, save yourself additional work, and advocate for the best interests of your clients. 
8 comments (Most recent August 24, 2018)
Beyond taxes and probate: Revive and refine the spendthrift trust By Curt W. Ferguson Trusts and Estates, April 2018 There are amazing things that can be done for loved ones through thoughtful estate planning, like making transfers into asset protection trusts—so it's important to help clients understand the services that can be offered to them.