Illinois Appellate Court Finds Precise Language of Insurance Agreement Requiring Nursing Stay Before Home Health Does Not Violate Illinois RegulationBy Lawrence J. StarkHealth Care Law, August 2026The plaintiffs in Hartnett v. Jackson National Life Insurance sought reversal of an order of summary judgment entered against them by the district court in the 7th Circuit Court of Appeals, which affirmed the decision of the lower court. The decision of the 7th Circuit is noteworthy for two reasons: it highlights just how important the exact language of an insurance policy is in construing the benefits covered, and held that 50 Sec. 2012.70(a)(2) did not apply to the facts of this case.
Illinois Appellate Court Holds Fair Debt Collection Practices Act Claim Does Not Fall Within Scope of Arbitration AgreementBy Jay SchleppenbachAlternative Dispute Resolution, May 2026The Illinois Appellate Court’s recent decision in Morris v. TrueAccord showed that even a broad clause will not necessarily encompass all potential disputes, as the court there concluded that a claim that arose under a federal statute and postdated the termination of the parties’ contract was not subject to arbitration under a broad clause.
Illinois Becomes the Most Recent State to Decouple From Federal QSBS Tax TreatmentBy J. Christian ManalliFederal Taxation, September 2026On June 16, 2026, Illinois passed legislation decoupling the state’s income tax from the federal exclusion for gain from the sale of Qualified Small Business Stock (QSBS) under IRS Code Section 1202. The change is effective for tax years ending on or after Dec. 31, 2026.
Illinois Bivens Act: Can States Authorize Suits Against Federal Officers?By Cindy G. BuysInternational and Immigration Law, May 2026In December 2025, Illinois adopted HB1312, also known as the Illinois Bivens Act. This new law creates a state law private cause of action against “any person who, while conducting civil immigration enforcement, knowingly engages in conduct that violates the Illinois Constitution or the U.S. Constitution.”
Illinois Cannabis Transportation Law: Concerns and Possible SolutionsBy Anthony B. Cameron & Evan BrunoTraffic Laws and Courts, January 2026While Illinois has made itself the sole United States jurisdiction to criminalize the odor of cannabis, the odor-proof container rule arguably does nothing to eliminate public harm, highlighting the necessity for amendment.
Illinois Court Jurisdiction in Allocation Cases: When Does It End?By Matthew A. KirshFamily Law, March 2026While not as obvious as you might think, it does seem that a court in the state of Illinois only has jurisdiction over a child for purposes of allocation issues until the child turns 18.
Illinois Courts Uphold Survivor Rights and Remedies Related to Nonconsensual Dissemination of Private Sexual ImagesBy Jenn LuczkowiakPrivacy and Information Security Law, February 2026As technology continues to positively change and transform our world, it also presents new ways in which abusers and criminal actors can harm. Individuals who disseminate private sexual images of others without their consent in Illinois may find themselves liable under civil law (740 ILCS 190/1) and criminal law (720 ILCS 5/11-23.5). In 2024, Illinois appellate courts grappled with cases related to these statutes and set promising precedents for survivors’ rights related to nonconsensual dissemination of private sexual images.
Illinois Department of Healthcare and Family Services Resource CenterElder Law, July 2026HFS will be hosting a series of Webinars, covering Medicaid overview and HR 1 changes, non-citizen eligibility, work requirements and community engagement, exemptions from work requirements, redeterminations and retroactive coverage, common questions and answers regarding Medicaid changes, and how to utilize and assist with system changes.
Illinois Employers Face New Paid Leave for Jury Service + Stronger Protections for Volunteer Emergency WorkersBy Julia P. Argentieri, Alison B. Crane, & Sarah J. GasperiniLabor and Employment Law, September 2026Illinois has enacted two laws that expand employee protections beginning Jan. 1, 2027: mandating employees are provided with paid leave for jury service; and providing additional employment protections for employees when responding to emergencies or attending training required for service as a volunteer emergency worker.
Illinois Enacts Civil Rights Safeguard Act: Codifies Disparate Impact Theory for Employment Discrimination ClaimsBy Jeralyn H. BaranLabor and Employment Law, September 2026The Civil Rights Safeguard Act codifies the disparate impact theory—effects-based employment standard under the Illinois Human Rights Act. Once effective on January 1, 2027, the law will increase scrutiny of employer policies, practices, and decision tools that may disproportionately burden protected individuals or other covered categories identified in section 2-103.5.
Illinois Enacts Law to Regulate Frontier AI DevelopersBy Jenifer L. JohnsonPrivacy and Information Security Law, September 2026As Artificial Intelligence models continue to proliferate, Illinois has become one of the few states thus far to take legislative action addressing the risks of frontier AI. Frontier AI generally refers to the most advanced general-purpose AI models that can perform a wide variety of tasks. This summary highlights the principal compliance obligations and enforcement-related provisions of the new legislation.
Illinois Family-Lawyers Ethical Obligation to Our Clients’ ChildrenBy Sandra Crawford, J.D.Family Law, March 2026While Illinois attorneys may not have an explicit ethical duty to protect a client's child, ethical rules governing an attorney's behavior establish responsibilities to promote, safeguard, and avoid harm to children involved in family law matters.
Illinois Farm Vehicles and Implements of Husbandry: What Farmers Should Know Before Driving on Public RoadsBy Sam Ellis & Cari Brett RinckerAgricultural Law, July 2026During planting, spraying, harvest, and livestock work, farmers often need to move tractors, wagons, combines, nurse tanks, fertilizer equipment, and other machinery on public roads. The key question is usually not whether the vehicle is used by a farmer. The better question is whether the vehicle fits a specific Illinois Vehicle Code category and whether it is being operated in the way that the statute allows.
Illinois HB 1312 Amends Public Higher Education Act, Requires Procedures of Public UniversitiesBy Jessica Galanos & Heather ClingermanDiversity Leadership Council, June 2026On December 9, 2025, the Illinois Public Higher Education Act was amended to include a new section titled, “Immigration Status and Immigration Enforcement," requiring all public colleges and universities in Illinois to take three actions by January 1, 2026: (1) develop procedures for reviewing and authorizing requests to enter a school’s campus; (2) post immigration enforcement resources to the school’s primary website; and (3) adopt procedures to determine if an immigration enforcement activity is occurring or has occurred on the campus.
Illinois HB 1312 Amends Public Higher Education Act, Requires Procedures of Public UniversitiesBy Jessica Galanos & Heather ClingermanHuman and Civil Rights, April 2026On December 9, 2025, the Illinois Public Higher Education Act was amended to include a new section titled, “Immigration Status and Immigration Enforcement," requiring all public colleges and universities in Illinois to take three actions by January 1, 2026: (1) develop procedures for reviewing and authorizing requests to enter a school’s campus; (2) post immigration enforcement resources to the school’s primary website; and (3) adopt procedures to determine if an immigration enforcement activity is occurring or has occurred on the campus.
Illinois Legislature Passes HB 5390 Amending Fair Patient Billing ActBy Sumaya NoushHealth Care Law, June 2026The Illinois General Assembly recently passed HB 5390, a bill that would amend the Illinois Fair Patient Billing Act to establish a uniform financial assistance application process for hospitals and expand certain patient protections relating to hospital financial assistance determinations. The bill has passed both chambers and, if signed by Governor Pritzker, would take effect immediately.
Illinois Medical Debt Relief ProgramElder Law, March 2026Last month, Governor Pritzker announced that the State of Illinois has erased over $1.1 billion in medical debt for more than half a million Illinoisans through the Illinois Medical Debt Relief Program.
Illinois Multisector Plan for AgingElder Law, March 2026The Department on Aging recently has released EngAging Illinois: A Comprehensive Plan for Living Well, establishing a decade-long blueprint to support healthy aging in the state, while also addressing issues related to healthcare, housing, transportation, and other social determinants of health.
Illinois New “Junk Fees” Alert for Residential LeasesBy Nicky SonntagReal Estate Law, July 2026Illinois has enacted House Bill 3564 which bans “junk fees” charged by landlords and adds new layers of transparency to residential lease agreements.
Illinois New “Junk Fees” Alert for Residential LeasesBy Nicky VogelRural Practice, September 2026Illinois has enacted House Bill 3564 which bans “junk fees” charged by landlords and adds new layers of transparency to residential lease agreements.
Illinois Oil and Gas Advisory BoardBy Craig R. HedinMineral Law, June 2026Various issues were discussed at the April 16, 2026, Illinois Oil and Gas Advisory Board meeting, including approving past minutes, update on the plugging of orphan wells, update on the Mitigating Emissions for Marginal Conventional Wells Grant, revisions to OG-09 form and the new OG-09A form, and more.
Illinois Oil and Gas Advisory BoardBy Craig R. HedinMineral Law, March 2026Key points from the Illinois Oil and Gas Advisory Board meeting, which occurred on January 22, 2026.
Illinois Reliable Information SourcesElder Law, July 2026Illinois Secretary of State and State Librarian Alexi Giannoulias has officially launched a landmark digital initiative to expand access to educational resources. Through this initiative, every resident can now access a comprehensive collection of trusted online resources, e-books, journals, and databases at no charge via local libraries or the Illinois State Library website.
Illinois’ Remote Retailer Tax Amnesty Program Begins August 1stBy Sandra D. MertensFederal Taxation, July 2026Last year, the IRS announced the 2026 Remote Retailer Tax Amnesty Program which presents a limited time opportunity for remote retailers to resolve past Illinois sales tax liabilities without associated penalties and interest. The program will run from August 1st through October 31st, 2026, which is the time period during which the Remote Retailer Tax Amnesty Application must be submitted.
Illinois Supreme Court AnnouncementsElder Law, April 2026The Illinois Supreme Court has announced revised Illinois Pattern Civil Jury Instructions, draft forms for public comment, and new juror compilation procedures.
Illinois Supreme Court Breaks With Federal Courts on Pay for Preliminary and Postliminary Work ActivitiesBy Michael R. LiedBusiness Advice and Financial Planning, June 2026In Johnson v. Amazon.com Services, LLC, the Illinois Supreme Court recently concluded that the General Assembly did not signify any intention to incorporate the preliminary and postliminary activities exclusions set forth in the Portal-to-Portal Act. Rather, the General Assembly delegated the authority to define “hours worked” to IDOL. In turn, IDOL adopted a definition of “hours worked” that necessarily includes preliminary and postliminary activities, explicitly encompassing all time that an employee is required to be on an employer’s premises.
Illinois Supreme Court Breaks With Federal Courts on Pay for Preliminary and Postliminary Work ActivitiesBy Michael R. LiedLabor and Employment Law, May 2026In Johnson v. Amazon.com Services, LLC, the Illinois Supreme Court recently concluded that the General Assembly did not signify any intention to incorporate the preliminary and postliminary activities exclusions set forth in the Portal-to-Portal Act. Rather, the General Assembly delegated the authority to define “hours worked” to IDOL. In turn, IDOL adopted a definition of “hours worked” that necessarily includes preliminary and postliminary activities, explicitly encompassing all time that an employee is required to be on an employer’s premises.
Illinois Supreme Court NewsElder Law, July 2026A compilation of updates from the Illinois Supreme Court, including amended First District Rules, amendments to Illinois Supreme Court Rules 795 and 9, and more!
