Case Summary: Harding v. ShiBy Nicky SonntagReal Estate Law, September 2025A summary of Harding v. Shi, IL App (1st) 20317, and its impact on seeking RLTO damages.
Case Summary: ISMIE Mutual Ins. Co. v. PergamentBy James NyesteInsurance Law, September 2025ISMIE Mut. Ins. Co. v. Pergament highlights the harsh reality that may occur in an assignment of rights settlement when the insurer continued to defend its insured under a reservation of rights and the insured had not incurred any liability in the lawsuit at the time of settlement.
Case Summary: LaBud v. L.A. Truck Leasing, Inc.By Stephen SmallingWorkers’ Compensation Law, July 2025In LaBud V. L.A. Truck Leasing, Inc., 24IWCC0294 (2024) the Commission addressed the credit due Respondent against future PTD benefits following the settlement of a third-party claim wherein its section 5(b) lien had not been satisfied in its entirety. The Commission’s decision, confirmed by the Circuit Court, provides an excellent roadmap to both Respondent and Petitioner’s Counsel when resolving a third-party claim with ongoing workers’ compensation benefits due and owing.
Case Summary: People v. Bell, 2025 IL App (4th) 240929By Jason M. KunowskiTraffic Laws and Courts, October 2025Know your factors: Fourth District reverses and remands Aggravated DUI Death for new sentencing hearing and new judge to consider youth-based mitigation factors instead of adult factors.
Case Summary: People v. Sandlass, 2025 IL App (2d) 240557-UBy J. Brick Van Der SnickTraffic Laws and Courts, October 2025The Second District Appellate Court held, in People v. Sandlass, that in a statutory summary suspension proceeding where there is no confirmation, the time is not attributable to defendant.
Case Summary: Poundstone v. Cook, 2025 IL App (3rd) 240322By Philip J. VaccoReal Estate Law, April 2025In the last couple of years, Illinois courts have released several decisions arising from the discovery of post-closing defects and whether the seller breached the seller's obligation to properly disclose the same. These decisions have typically revolved either around the issue of awarding legal fees to the prevailing party or the determination of whether the evidence was sufficient to establish that the seller had actual knowledge of the alleged defect. The case of Poundstone vs. Cook is another such case that transactional attorneys should become familiar with, because it examines the reasonableness of the seller's claim that the repairs the seller made actually addressed the problems.
Case Summary: The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352By David FranksTraffic Laws and Courts, July 2025A case summary of The City of Lake Forest v. Rey Martinez-Galarza, 2025 IL App (2d) 240352, holding the Arresting Officer did not unreasonably prolong the traffic stop of Defendant when the Arresting Officer explained the written warning to Defendant and smelled the odor of alcohol emanating from Defendant’s person.
Case Summary: Tyler v. Hennepin County, MinnesotaBy Nicky SonntagReal Estate Law, August 2025A summary of Tyler v. Hennepin Cty., Minn., 598 U.S. 631 (2023), where the U.S. Supreme Court held that Hennepin County, Minnesota violated the Fifth Amendment's Takings Clause by keeping the $25,000 surplus from the tax sale of Geraldine Tyler’s condominium after satisfying her $15,000 unpaid real estate taxes debt.
Case Summary: Village of Lincolnshire v. Daniel Olvera, 2025 IL 130775By J. Brick Van Der SnickTraffic Laws and Courts, October 2025In Village of Lincolnshire v. Olvera, the Illinois Supreme Court confirmed that a village does not need to provide a letter of prosecution in their case and chief.
Case Summary: Wells Fargo Bank, N.A. v. RodriguezBy Greg C. AndersonReal Estate Law, February 2025Wells Fargo Bank, N.A. v. Rodriguez is of special interest to those involved in situations where a lender has filed multiple foreclosure actions against a borrower. Wells Fargo Bank initiated three separate foreclosure complaints against its borrower. The borrower was successful in having the third foreclosure case dismissed, based on a violation of the “single refiling rule.” The Third District affirmed the dismissal.
Case Summary: ZHY Inv., LLC v. Hsing By Leslie HairstonReal Estate Law, March 2025In re County Treasurer and Ex Officio Cty. Collector of DuPage County, 2024 IL App (3d) 220465 involves an appeal by ZHY Investments, LLC, from the circuit court in the 18th Judicial Circuit, granting Hsing’s motion to vacate an order issuing a deed to ZHY for property located in Naperville, owned by Hsing.
Caselaw UpdateBy Michael EnglishTrusts and Estates, March 2025Summaries of written decisions in three cases of interest to trust & estates practitioners.
A Cautionary Tale in the Use of AI in PleadingsBy John HolevasCommercial Banking, Collections, and Bankruptcy, July 2025At the 2025 Allerton Conference focusing on the impact of generative AI in legal practice, Judge Jeffrey A. Goffinet recounted a case where he sanctioned an attorney for citing a fictitious, AI-generated legal case—Hauter v. DeWitt. The case did not exist, and despite multiple opportunities, the attorney failed to acknowledge the mistake until compelled by the court. He later admitted the error stemmed from using an AI tool called "Archie," which mistakenly inserted the false citation. The court fined the attorney $2,000, and Judge Goffinet reported him to the ARDC. The incident underscores the need for lawyers to verify AI-generated content and to take responsibility for errors.
A Cautionary Tale in the Use of AI in PleadingsBy John HolevasTrusts and Estates, July 2025At the 2025 Allerton Conference focusing on the impact of generative AI in legal practice, Judge Jeffrey A. Goffinet recounted a case where he sanctioned an attorney for citing a fictitious, AI-generated legal case—Hauter v. DeWitt. The case did not exist, and despite multiple opportunities, the attorney failed to acknowledge the mistake until compelled by the court. He later admitted the error stemmed from using an AI tool called "Archie," which mistakenly inserted the false citation. The court fined the attorney $2,000, and Judge Goffinet reported him to the ARDC. The incident underscores the need for lawyers to verify AI-generated content and to take responsibility for errors.
A Cautionary Tale in the Use of AI in PleadingsBy John HolevasCivil Practice and Procedure, June 2025At the 2025 Allerton Conference focusing on the impact of generative AI in legal practice, Judge Jeffrey A. Goffinet recounted a case where he sanctioned an attorney for citing a fictitious, AI-generated legal case—Hauter v. DeWitt. The case did not exist, and despite multiple opportunities, the attorney failed to acknowledge the mistake until compelled by the court. He later admitted the error stemmed from using an AI tool called "Archie," which mistakenly inserted the false citation. The court fined the attorney $2,000, and Judge Goffinet reported him to the ARDC. The incident underscores the need for lawyers to verify AI-generated content and to take responsibility for errors.
Caveat SearcherReal Estate Law, May 2025A reminder to real estate practitioners to be thorough and flexible with search terms, especially for real estate matters involving liens or judgments.
Cell-Cultured Meat Updates: State Bans, Labeling Requirements, and Regulatory ClarificationsBy Emily StoneFood Law, May 2025Cell-cultured meat is a food product that is produced through the practice of growing livestock stem cells outside of an animal and harvesting the cells to make food. Over the past year, state legislators have passed legislation prohibiting the manufacture and sale of cell-cultured meat and enacted laws that create labeling requirements for such food products. Additionally, on the federal side, the EPA, FDA, and USDA recently published a joint regulatory plan for biotechnology that included plans for the regulation of cell-cultured meat.
CFPB Permanently Bans Company from Arbitrating Consumer Financial DisputesBy Jay R. SchleppenbachAlternative Dispute Resolution, January 2025The federal government exercises oversight over arbitration, for instance through legislation exempting certain classes of disputes from arbitrationor delegating to agencies the power to regulate arbitration clauses in certain types of contracts. In October 2024, a more obvious form of oversight came to public view when the Consumer Financial Protection Bureau entered a consent order permanently banning Ejudicate, Inc. from arbitrating consumer financial disputes.
Chair ColumnBy Staci BalbirerFamily Law, November 2025Spooky isn't just for Halloween! Learn more about what family law practitioners say is "spooky" about family law.
Chair ColumnBy Staci BalbirerFamily Law, August 2025A note from the Chair on how to avoid burn out in the final weeks of summer.
Chair ColumnBy Staci BalbirerFamily Law, July 2025A note from the new incoming Chair, Staci Balbirer, as she discusses her plans for the Family Law Section in the upcoming bar year.
Chair Sprenzel’s Final NoteBy John B. SprenzelState and Local Taxation, June 2025A final note from John Sprenzel, the outgoing chair of the ISBA Section Council on State and Local Taxation: "In my initial column, I wrote that it is an honor and privilege to serve as your steward this bar year. Without question, it truly was. My belief was emboldened by each contribution of numerous Section Council Members throughout the bar year."
Chair’s ColumnBy Jason R. BlumenthalYoung Lawyers Division, August 2025A note from the Chair of the Young Lawyers Division Section Council.
Chair’s ColumnBy Jill D. LekaHuman and Civil Rights, August 2025A note from the Chair of the Human and Civil Rights Section Council.
Chair’s ColumnBy Judith ConwayTort Law, August 2025A note from the Chair of the Tort Law Section Council.
Chair’s ColumnBy Jessica PatchikFamily Law, June 2025A note from the outgoing chair, Jessica Patchik, introducing the incoming chair, Staci Balbirer.
Chair’s ColumnBy Deanna HoytWomen and the Law, May 2025A note from the chair: "It has been my honor working with all of you over the 12 months. We have done some great things through all your incredible dedication and hard work."
Chair’s ColumnBy H. Vincent Draa, IIIInternational and Immigration Law, May 2025A note from the chair.
