Venue and Applicable Law in Construction Disputes in IllinoisBy James M. DashConstruction Law, April 2024Unless told otherwise, a contractor who works on a project probably expects that, if a dispute arises out of its compliance with the contract or payment thereunder, the dispute will be heard locally and will be governed by local law.
Voluntary Intoxication to Negate Specific Intent? People v. Grayer Gives the Green LightBy Mark Kevin Wykoff, Sr.Criminal Justice, March 2024The Illinois Supreme Court recently considered whether evidence of voluntary intoxication is relevant to the issue of intent given that the legislature amended section 6-3 of the Criminal Code of 1961, removing voluntary intoxication as an affirmative defense
What Can You Do If Your Client Signed a Release?By Brion W. DohertyTort Law, April 2024A release may be unenforceable if neither plaintiff nor defendant understand the true nature of the plaintiff's injuries on the date the release is signed.
What Is a Trust? Part 1: Is a Trust an Entity?By Sherwin D. AbramsReal Estate Law, February 2024Is a trust a relationship, or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What Is a Trust? Part 2: Does It Matter?By Sherwin D. AbramsReal Estate Law, January 2024Is a trust a relationship or is it an entity that can hold title to property and that can sue and be sued? The authorities differ.
What Is the Effect of Section 1286.40 of the Illinois State Police Rules on a DUI Prosecution?By Larry A. DavisTraffic Laws and Courts, March 2024In People v. Heineman, the Illinois Supreme Court considered a challenge to the conversion factor provided for in section 1286.40 of the Illinois State Police administrative rules in a criminal proceeding when the state sought to establish the defendant's whole blood alcohol concentration based on an emergency room treatment serum blood alcohol test result.
Which Expired First: The Defendant or the Statute of Limitation? Plaintiffs Need to KnowBy Harry DubnickCivil Practice and Procedure, April 2024Jamie Lichter v. Kimberly Porter Carroll, Special Administrator for the Estate of Donald Christopher, Dec’d presents a question of the application of the statute of limitation to a defendant whose passing between the date the claim arose and the date of the filing of the lawsuit is unknown to the plaintiff.
The World Court Hears Another Genocide Case: South Africa v. IsraelBy Junaid “J” AfeefInternational and Immigration Law, February 2024On December 29, 2023, the Republic of South Africa filed its “Application Instituting Proceeding" with the International Court of Justice against the State of Israel, alleging that Israel's assault on the Palestinians in the Gaza Strip constitutes a breach of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
The World Court Hears Another Genocide Case: South Africa v. IsraelBy Junaid “J” AfeefHuman and Civil Rights, February 2024On December 29, 2023, the Republic of South Africa filed its “Application Instituting Proceeding" with the International Court of Justice against the State of Israel, alleging that Israel's assault on the Palestinians in the Gaza Strip constitutes a breach of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
‘… and Nothing But the Truth.’By Nigel S. SmithCivil Practice and Procedure, April 2024A summary of a recently tried small claims case involving a dispute between a landlord and tenant.
