Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove ShortagesBy Lawrence A. MansonElder Law, April 2026In December 2025, the Illinois appellate court considered whether a formerly employed registered nurse could sue his former nursing home employer for retaliatory discharge after his complaints about the facility not maintaining an adequate supply of sterile gloves for staff. The appellate court found that the amended complaint did sufficiently plead the public policy element of a retaliatory discharge claim.
Court Holds OSHA Standard as Illinois Public Policy in Retaliatory Discharge Claim Against Nursing Home After Complaints of Glove ShortagesBy Lawrence A. MansonHealth Care Law, March 2026In December 2025, the Illinois appellate court considered whether a formerly employed registered nurse could sue his former nursing home employer for retaliatory discharge after his complaints about the facility not maintaining an adequate supply of sterile gloves for staff. The appellate court found that the amended complaint did sufficiently plead the public policy element of a retaliatory discharge claim.
Court NewsElder Law, March 2026Recent changes at the Illinois Supreme Court include new statewide forms and amendments to Supreme Court Rules 307, 10-101, and 9, while the United States Court of Appeals for the 7th Circuit is seeking public comments on potential changes to Circuit Rule 40(e).
Court Says the Illinois Emergency Medical Services Systems Act Sets a High BarBy Lawrence A. MansonHealth Care Law, March 2026The Illinois Emergency Medical Services Systems Act limits the liability of health care workers and others regarding the transport and care in both emergency and non-emergency situations. In late 2025, an Illinois appellate court considered what an injured patient must allege to overcome the limitations of the EMS Systems Act when injured during the transfer from a hospital to a nursing and rehabilitation facility.
Criminal Conduct When IntoxicatedBy Ted Hammel & Kristen MessamoreTraffic Laws and Courts, January 2026A person who is intoxicated (a/k/a voluntarily wasted) is usually responsible for their criminal conduct, but…the Illinois Supreme Court held in 2023 that evidence of voluntary intoxication may be used to attack a state's claim that defendant had requisite specific intent to commit charged offense.
Custom ChatGPTs: Navigating Legal and Ethical Compliance for Public-Facing AI ToolsBy Carolyn ElefantAgricultural Law, April 2026Custom versions of ChatGPT for public use can raise legal and ethical considerations, including applications of these tools, ethical AI disclosure, attorney-client relationship, confidentiality, the unauthorized practice of law, and attorney supervision. While it is necessary to consider these factors, there are practical solutions you can implement to ensure compliance and protect both users and legal practitioners.
Cyber Risks and Insurance Gaps: Lessons From Villa Financial and Galey ConsultingBy Sophie StevanovichInsurance Law, January 2026Two recent decisions from the First District of the Illinois Appellate Court, Villa Financial and Galey Consulting, addressed issues relating to an insurer's liability to cover cyber-related incidents.
Cybersecurity in the International Maritime Industry: Threats, Risks, and the Expanding Scope of SeaworthinessBy H. Vincent DraaInternational and Immigration Law, April 2026The maritime industry is now one of the world’s most heavily targeted critical sectors. Digital transformation—though essential—has opened new avenues for malicious actors ranging from sophisticated APT groups to ransomware syndicates and cyber‑enabled pirates. Recent legal scholarship and regulatory changes confirm that cybersecurity has become inseparable from the doctrine of seaworthiness. Failure to address foreseeable cyber risks can give rise to contractual liability, regulatory sanctions, and operational failures.
David E. Hoy, 1948-2025Trusts and Estates, February 2026It is with profound sadness that we announce the passing of attorney David E. Hoy who passed, at age 77, on December 18, 2025.
Defendant’s Disappearing Act Yields No Evidentiary MagicBy Adam M. MillerTraffic Laws and Courts, January 2026A case summary of People v. Talley, 2025 IL App (4th) 250432-U, and practical implications for the timeline of evidence preservation and discovery requests.
Deviation From Maintenance Guidelines Is Supported With Sufficient FindingsBy Christopher W. BohlenFamily Law, January 2026When dealing with a deviation from guideline maintenance, the court must make specific findings as to the amount and duration of non-guideline maintenance, as well as justify why the court chose to depart from guidelines.
Discovery in Misdemeanor Cases: Why Schmidt Isn’t Enough and the “Legal Begging” for More!By Ted HammelTraffic Laws and Courts, April 2026It would be a most judicious amendment to our legal code to formally codify discovery in all misdemeanor cases, ensuring a new transparent and predictable legal process for receiving such information, rather than relying on the present system of selective benevolence and arduous supplication.
Discussion of Section 2-911 of the Cook County CodeAdministrative Law, March 2026Sec. 2-911 of the Cook County Code provides that findings in administrative proceedings shall be based on the preponderance of evidence. Administrative law judges have no authority to apply an alternative standard. However, courts face issue with this standard and familiarity with the decisions that address this issue may assist in making a record for the court.
Does Iran Possess the Right to Close the Strait of Hormuz Under International Law?By Mohammad YousefInternational and Immigration Law, May 2026In the aftermath of the American-Israeli aggression with Iran, one of the most important issues may be Iran’s partial closure of the Strait of Hormuz to commercial vessels and oil tankers belonging to the United States, Israel, or their allies. In practice, the Strait has historically remained open to most commercial traffic despite Iranian threats. While the U.S. believes that Iran lacks a clear legal right to close the Strait, the non-ratification of UNCLOS, its status as a “persistent objector” to transit passage, and the customary nature of the 1958 Convention as universally accepted provisions, give Iran some room to contest the rules.
Does Medical Record Discovery Include Audit Trails?By Lawrence A. MansonElder Law, April 2026A First District Appellate Court case, Burnette v. Nockels, 2025 IL App (1st) 240485, explores a potential conflict between federal HIPAA law and Illinois discovery rules concerning the audit trail of medical records.
Does Medical Record Discovery Include Audit Trails?By Lawrence A. MansonHealth Care Law, March 2026A First District Appellate Court case, Burnette v. Nockels, 2025 IL App (1st) 240485, explores a potential conflict between federal HIPAA law and Illinois discovery rules concerning the audit trail of medical records.
Dogs Rule(s)!: “Dangerous” and “Vicious Dog” Determinations and Their ConsequencesBy Hon. Joel ChupackAnimal Law, February 2026Dogs Rule(s)!: “Dangerous” and “Vicious Dog” Determinations and Their Consequences: As this article is being written at the beginning of a new year, I will make my wish known. I hope to never have another case where an owner puts in jeopardy the life of their dog.
Domestic Violence and Attorney SolicitationBy Maxwell SharkeyFamily Law, July 2026Illinois Professional Rule of Conduct 7.3 covers the solicitation of clients by attorneys; however, attorneys are still able to solicit prospective clients in domestic relations cases. This can remove autonomy from the filing spouse from being able to share the news in a safe manner, necessitating rule amendments that create time limitations for solication in domestic relations cases.
Don’t Taste Your Hands: How Not To Invent a Blockbuster Sweetener Like Constantin FahlbergBy Adam SussmanFood Law, April 2026Saccharin is used to sweeten drinks, candies, baked goods, tobacco products, excipients, and as a masking agent in medicines. Since saccharin’s discovery by Fahlberg as the first artificial sweetener, additional sweeteners have been developed including aspartame, steviol glycoside, and sucralose.
The Double-Edged Sword: Artificial Intelligence in Illinois Litigation PracticeBy Matthew WilgerYoung Lawyers Division, February 2026As we navigate through 2026, Artificial Intelligence (AI) has become an increasingly prevalent tool in legal practice, fundamentally transforming how attorneys approach litigation. Be sure you familiarize yourself with the advantages and pitfalls of AI prior to utilizing in your practice!
Dual Roles in Illinois Child-Welfare Proceedings: Detailed Analysis of In re E.L. and In re D.S.By Pedram HossChild Law, May 2026By focusing on In re E.L. and examining related cases, it is clear that Illinois courts approve dual representation when the attorney’s advocacy aligns with the child’s best interests and no concrete conflict exists. Courts and practitioners should continue to evaluate each case individually, ensuring that representation remains faithful to the child’s welfare and grounded in statutory authority and judicial precedent.
E-Clips Summaries From April 1, 2026, to May 31, 2026Insurance Law, June 2026A compilation of Illinois appellate and federal court cases discussing notice of accident, UIM coverage, bad faith, declaratory judgment actions, stacking, and set-offs.
E-Clips Summaries: January 1, 2026, to March 31, 2026By James NyesteInsurance Law, April 2026Select case summaries from E-Clips covering insurance-related issues, including long term care insurance, pollution exclusion, trucking insurance, and life insurance.
Editor’s NoteBy Sandra BlakeDiversity Leadership Council, June 2026As Editor of Diversity Matters, Sandra Blake introduces the current edition of this newsletter, emphasizing the representation of diversity across multiple committees and sections of the ISBA.
Editor’s NoteBy Sandra BlakeMental Health Law, May 2026A note from the Editor of Mental Health Matters, discussing Mental Health Awareness Month.
Editors’ NoteBy William J. AnayaEnvironmental and Natural Resources Law, March 2026A note regarding the current issue and a reminder to register for the award winning Environmental and Natural Resources Law Section's Spring Conference!
Editors’ NoteBy William J. AnayaEnvironmental and Natural Resources Law, February 2026A preview of the topics covered in this month's issue of the Environmental Law Newsletter.
Editor’s Note: Save the Date for Annual!By Kimberly DudaBench and Bar, February 2026Don't miss the ISBA's 2026 Annual Meeting, which will occur on June 11-12, 2026 at the Ritz-Carlton St. Louis!
