Articles From 2018

Dealing with pro se litigants: A judge’s dilemma By Raymond J. McKoski Bench and Bar, January 2018 Canon 3(A)(4) of the Illinois judicial code permits judges to “make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard.” Does this provision help Illinois judges decide whether to intervene in a proceeding in which only one party has an attorney?
Death, disability, disappearance, or disbarment By Richard C. Goodwin Senior Lawyers, November 2018 Things to consider for responsibly planning the closing of your law office.
Dec. 1, 2018 amendments to the Federal Rules of Civil Procedure By Patricia S. Smart Federal Civil Practice, November 2018 An overview of the amendments to rules 5, 23, 62, and 65 fo the Federal Rules of Civil Procedure that will take effect on December 1. 
Defendants dismissed without prejudice can be named as respondents in discovery By Tal C. Chaiken Bench and Bar, May 2018 The Illinois Appellate Court, Second District, recently joined the First District in holding that a plaintiff may use the respondent in discovery statute to name a person who has already been dismissed as a defendant in the same case.
Denaturalization: A new government foray By Patrick M. Kinnally International and Immigration Law, November 2018 An overview of issues that are often overlooked by those who seek citizenship without counsel.
Descriptions in tax deeds By John C. Robison, Jr. Mineral Law, December 2018 It is common practice for taxing authorities to separately assess and tax lessors’ royalties.
Despite modern trend Ohio Supreme Court does not reconsider prior precedent, finds inadvertent defective work by subcontractor can never be a fortuitous “occurrence” By Clifford J. Shapiro Construction Law, December 2018 The Ohio Supreme Court ruled in Ohio Northern University v. Charles Construction Services Inc. that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the commercial general liability insurance policy, and is therefore not covered.
The destructive effects of farm subsidies on animals and the environment: Part One – Our national farm subsidy system By Yelena Klairmont Animal Law, November 2018 Farm subsidies have diverged from their original mission to assist struggling farmers during the Great Depression and have become the underlying cause of a national environmental disaster.
The destructive effects of farm subsidies on animals and the environment: Part One – Our national farm subsidy system By Yelena Klairmont Environmental Law, July 2018 Farm subsidies have diverged from their original mission to assist struggling farmers during the Great Depression and have become the underlying cause of a national environmental disaster.
The destructive effects of farm subsidies on animals and the environment: Part two – CAFOs and their alternatives By Yelena Klairmont Environmental Law, September 2018 A look at the legal requirements related to large scale concentrated animal feeding operations and how to encourage more sustainable alternatives.
The dicamba herbicide duels: When law, politics, and science collide By Phillip R. Van Ness Environmental Law, December 2018 An overview of the political and legal "dicamba duels" in Illinois.
Dicamba lawsuits Environmental Law, December 2018 A summary of some of the legal actions related to damage from the dicamba herbicide drift since the introduction of dicamba-resistant crops in 2016. 
Dicamba “terms and conditions” By Jeffrey A. Mollet Agricultural Law, May 2018 As use of dicamba expands, there have been numerous shifts in policy and procedure.
The difference between causal connection and maximum medical improvement By Stephen G. Baime Workers' Compensation Law, May 2018 The appellate court's decision in Tequila Smith vs. Illinois Workers' Compensation Comm'n explains how to apply the rule of law to the facts when considering causal connection and maximum medical improvement.
Direct examination of adverse witnesses: Use of leading questions in state and federal courts By Zoe Brumfield-Meyers & Brian LaCien Tort Law, March 2018 Current Illinois law lags behind the federal approach to calling witnesses adversely and allowing leading questions on direct examination. As the federal law has expanded to include witnesses “identified with an adverse party,” including close friends, and former and current employees, Illinois still restricts this practice to as “the officers, directors, managing agents or foreman of any party.”
Disability coverage under the Illinois Human Rights Act is different from the ADA By Shari R. Rhode Labor and Employment Law, February 2018 The difference of the definition of an individual under the IHRA is a fertile area for litigation from both the plaintiff’s and defendant’s perspective.
Disclaiming implied warranties By Roger A. McEowen Agricultural Law, December 2018 Because items such as livestock, feed, seed, or pesticides are goods, sales and other transactions involving them result in the creation of warranties.
Discovery in construction litigation: Tread lightly By Stanley N. Wasser & Howard W. Feldman Construction Law, May 2018 It is important for us to take care in how we respond to discovery requests—including the making of boilerplate discovery objections.
Discrimination claims: Commission review or independent civil action? By Carl R. Draper Labor and Employment Law, February 2018 In Metzler v. Katherine Shaw Bethea Hospital, the Second District has provided a recent ruling that very clearly outlines the contours of the independent right to file suit in court instead of the Human Rights Commission.
Dismissed but not finished: Amended complaint may name dismissed defendants as respondents in discovery By Sarah M. Davis Civil Practice and Procedure, May 2018 A recent appellate court decision considered whether a defendant dismissed without prejudice could be named as a respondent in discovery in the amended complaint.
Diversity Committee updates By Michelle J. Rozovics Diversity Leadership Council, June 2018 The International Law & Immigration Section Council share their group's accomplishments and successes from the past year.
Diversity Leadership Award By William Borah & Mark E. Wojcik Diversity Leadership Council, June 2018 The Diversity Leadership Award recognizes long-standing, continuing, and exceptional commitment by an individual or an organization to the critical importance of diversity within the Illinois legal community, its judiciary and within the Illinois State Bar Association. Congratulations to the 2017 winner, Chief Judge Michael Evans, and the 2018 winner, Troy Riddle.
Do new international agreements indicate a downward trend of investor-state arbitration? By Hannah Friedle & Tanner James Alternative Dispute Resolution, December 2018 A discussion of the unique challenges private companies face when entering an agreement with a state controlled entity.
“Don’t ever mistake my silence for ignorance, my calmness for acceptance or my kindness for weakness.” By Beth McCormack Women and the Law, January 2018 As lawyers, be confident in your abilities, know yourself, know what you are willing to do, and know what other people are capable of doing as well. Find the area of the legal profession that fits you and your personality best, and never make assumptions or underestimate a person.
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Don’t let the “janitor rule” sweep away your non-compete By Robert H. Smeltzer Labor and Employment Law, May 2018 A recent federal decision from the Northern District of Illinois illustrates the perils of drafting and attempting to enforce overbroad restrictive covenants.
The dreaded intervening act By Michael Rom Workers' Compensation Law, September 2018 Gina Catalanello v. Illinois Workers’ Compensation Commission provides a good primer on how to both defend against claims of intervening acts and what is needed to pursue them as a defense.
Driver’s license and DUI-related implications for medical cannabis patients in Illinois By Jennifer Wirth Traffic Laws and Courts, June 2018 The emergence of medical cannabis in Illinois creates complex legal issues in many areas of practice, including administrative, civil, and criminal proceedings.
E-filing in Illinois: A progress report from downstate By Chad S. Beckett Legal Technology, Standing Committee on, April 2018 Author Chad Beckett shares his experiences with e-filing in some downstate courts.
E-mail: Why can’t I keep my free account? By Carl R. Draper General Practice, Solo, and Small Firm, February 2018 We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Editor’s column By Edward Schoenbaum Bench and Bar, June 2018 A note from the newsletter editor, Edward Schoenbaum.