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Articles From 2020

Appellate Court Applies Principles of Deed Construction to Coal Deed By John H. Henderson Mineral Law, December 2020 The appellate court engaged in a very fact-specific analysis of the deeds at the center of Mitchell/Roberts Partnership v. Williamson Energy and determined that subsidence rights were conveyed with each parcel conveyed by each deed at issue in the case.
Appellate Court Upholds Tenured Teacher Dismissal for Misuse of Sick Leave By Robert P. Lyons Education Law, June 2020 In Crawley v. Board of Education of the City of Chicago, the appellate court upheld the dismissal of a tenured Chicago elementary school teacher for misuse of sick leave.
Appellate Court Vacates Orders, Remands for New Revocation Hearing By J. Brick Van Der Snick & Andrew Morris Traffic Laws and Courts, February 2020 In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
Appellate Jurisdictional Issues Involving Non-Final/Interlocutory Orders: What Are They and How Can We Avoid Them? By Brad Elward Workers’ Compensation Law, May 2020 In Montgomery v. Illinois Workers’ Compensation Comm’n, an appeal from a circuit court order based on a lack of jurisdiction was dismissed.
Appellate Update By Pat Graham Mental Health Law, June 2020 Summaries of recent appellate cases of interest to mental health law practitioners.
Appellate Update By Andreas Liewald Mental Health Law, February 2020 Summaries of recent appellate decisions of interest to mental health law practitioners.
Appointing a GAL? The Language You Use Is Important! By Hon. Donald Bernardi, (ret.) Bench and Bar, October 2020 A recent Illinois Supreme Court case suggests that both judges and practitioners ought to pay careful attention to the purpose of guardian ad litem appointment.
Arbitration Clauses in Employment Relationships—Enforceable or Not? By Deborah Jo Soehlig Alternative Dispute Resolution, October 2020 Beginning with the rash of sexual harassment allegations which spurred the #MeToo movement, arbitration clauses in employment agreements and handbooks have come under increasing scrutiny.
Are You Sure Indiana Jones Started This Way? By Lawrence Taliana Senior Lawyers, September 2020 A look at a release form drafted under challenging circumstances.
Are Your Remote Signings Camera Ready? By Daniel S. Ebner Elder Law, July 2020 On March 26, 2020, Governor Pritzker signed State of Illinois Executive Order 2020-14 that allows for remote ink notarization and witnessing of a variety of documents including what are commonly considered estate planning documents like wills, trusts, and power of attorney documents. 
Are Your Remote Signings Camera Ready? By Daniel S. Ebner Trusts and Estates, June 2020  On March 26, 2020, Governor Pritzker signed State of Illinois Executive Order 2020-14 that allows for remote ink notarization and witnessing of a variety of documents including what are commonly considered estate planning documents like wills, trusts, and power of attorney documents. 
1 comment (Most recent June 15, 2020)
Asset Protection Considerations in Estate Planning By William J. Cotter & Michelle V. Hanlon Trusts and Estates, February 2020 An increasingly important element of estate planning discussions with clients is how to minimize exposure from the claims of creditors.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Elder Law, November 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Business Advice and Financial Planning, October 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Trusts and Estates, October 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
At the Intersection of Trust Administration and Real Estate: Sibling Rivalry and the Family Home By Nicole M. Soltanzadeh Real Estate Law, September 2020 As the case of Ashby v. Pinnow, et al. demonstrates, settlors and trustees are best advised to keep these key concepts in mind when creating and administering a trust.
The Attorney as Notary Public: Keeping Your Eye on the Ball By Michael J. Rooney Real Estate Law, May 2020 During the COVID-19 pandemic, real estate lawyers see the need to be creative with force majeure provisions in order to protect their clients, whether sellers or buyers, from unforeseen circumstances.
Back to Basics: Accuracy of Proposed Demonstration and Proper Foundation for Permanency Opinions by Plaintiff’s Expert are Prerequisites to Admissibility By Michael A. Beci & Andrea L. Collins Civil Practice and Procedure, June 2020 In Ackerman v. Yapp, et al., the first district touches on important evidentiary principles pertaining to expert opinion testimony and demonstrative evidence at trial, as well as standards the party offering the evidence must meet for admission of such evidence.
Back to Basics: An Estate Planner’s Guide to Self-Reflection and Review of Best Practices When Advising Clients on Naming an Appropriate Fiduciary By Lauren Pierucci Trusts and Estates, August 2020 Steps to take, as a practitioner and advisor, when guiding your clients through the process of naming a fiduciary and challenge yourself to create your own best practices to set yourself apart from the rest.
Back to Basics: An Estate Planner’s Guide to Self-Reflection and Review of Best Practices When Advising Clients on Naming an Appropriate Fiduciary By Lauren Pierucci Elder Law, March 2020 Steps to take, as a practitioner and advisor, when guiding your clients through the process of naming a fiduciary and challenge yourself to create your own best practices to set yourself apart from the rest.
1 comment (Most recent April 3, 2020)
Background Checks on Citizens Speaking at Government Meetings By Robert P. Osgood Government Lawyers, March 2020 A look at the implications of conducting background checks on the citizens who sign up to speak at public meetings.
Bad Dates: Inconsistent Date of Injury Reporting Leads to Denial of Benefits By Timothy J. O’Gorman Workers’ Compensation Law, May 2020 In Gonzalez v. Illinois Workers’ Compensation Comm'n, the Commission's decision to deny benefits to a claimant on the basis of a lack of accident when that claimant’s credibility is questioned by his inconsistent reports of a date of accident was affirmed.
Bank and Borrower Did Not Collude to Injure Another Lender By Michael L. Weissman Commercial Banking, Collections, and Bankruptcy, June 2020 In NearGear Capital, Inc. v. Bank of Springfield, the question was whether Bank of Springfield had colluded with its borrower, Gateway Buick GMC, Inc. to injure Gateway’s floor plan lender, NextGear Capital, Inc.
Bank Not Liable for Failing to Stop Check-Kiting Scheme By Michael Weissman Commercial Banking, Collections, and Bankruptcy, September 2020 A summary and analysis of Midwest Feeders, Inc. v. Bank of Franklin.
Beauty and the Beast: Spendthrift Trust Meets the SECURE Act By Curt W. Ferguson Trusts and Estates, April 2020 The SECURE Act, contrary to popular opinion, is not forcing us to choose between asset protection planning and income tax planning.
Benefit Access Program Elder Law, February 2020 As part of Public Act 101-0010, the Fiscal Year 2020 Budget Implementation Bill, household income limits were raised relating to eligibility for the license plate discount and transportation benefits offered under the Senior Citizens and Persons with Disability Property Tax Relief Act.
Benefits, Benefits, Benefits By Leonard F. Amari Senior Lawyers, September 2020 A snapshot of ISBA's member benefits.
Bias: Instructing Jurors—Illinois Pattern Jury Instructions (Civil) 1.08 By Patrick M. Kinnally Civil Practice and Procedure, November 2020 If the law is going to come from the people, then jurors need to understand they are fact finders as well as the guardians of probity.
Big Changes in Discovery Procedure Pursuant to Illinois Supreme Court Rule 415(c) By Sara M. Vig Traffic Laws and Courts, November 2020 A look at the revisions to Illinois Supreme Court Rule 415(c), which precluded a defense attorney from giving the attorney’s client a copy of his/her own discovery in felony case until October 23.
1 comment (Most recent November 13, 2020)
Biometrics and Business Re-Opening in Light of COVID-19 By Lauren Caisman & Patrick DePoy Civil Practice and Procedure, December 2020 While Illinois courts implement various temperature screening methods in re-opening for in-person hearings and other court services, any “private entity,” which includes individuals, must take particular heed of the Illinois Biometric Policy Act in looking to do the same.