A state’s legal standard for determining fault is a key factor in determining whether to file a motion to apply foreign law or a motion to dismiss under the doctrine of forum non conveniens. In December’s Illinois Bar Journal, Cameron Turner and Sean Phillips examine such choices regarding asbestos cases in Illinois. Illinois is a well-known epicenter of asbestos litigation, having earned a reputation for allowing cases unconnected to the state to proceed through its system. Onlookers and clients, particularly those new to asbestos litigation and unaware of its broader scope, often express disbelief and frustration at the legitimacy of such a system. Such reactions are fair, and related questions certainly are valid. Illinois does, after all, have statutes in place that allow for the transfer of cases to appropriate forums when any particular forum is improper or inconvenient. It also seems logical, on its face, to lessen the impact of sometimes-harsh Illinois law by looking to the law of a state with a stronger connection to the case when that state's law is more favorable. This rings true even if a defendant chooses to forgo pursuing a forum non conveniens argument.

For the past 70 years, family law attorneys have utilized the alimony deduction to help ease the financial burden divorcing families face as they transition to two households. The elimination of the alimony-payments deduction is a major casualty of the federal Tax Cuts and Jobs Act of 2017. This change will be costly for divorcing couples and may make settling divorce cases more difficult. In December’s Illinois Bar Journal, family law attorneys Nancy Chausow Shafer and Margaret A. Bennett provide a guide to the new maintenance formula, the repeal of the alimony deduction, and other changes that divorcing couples and their attorneys need to know.

The Illinois Health Care Services Lien Act can complicate situations that involve injured patients, their insurance policies, hospital bills, and settlements. In November’s Illinois Bar Journal, Belleville attorney Daniel C. Katzman, who practices in the areas of personal injury, wrongful death, and medical/nursing home malpractice, provides an analysis of common scenarios involving the Lien Act and strategies for attorneys to pursue their injured client’s best interests.

For example, the Lien Act does not require health-care providers to bill health-insurance companies. But providers may do so through a contract known as a provider agreement. The terms of provider agreements are negotiated by the parties and can vary on a case-to-case basis. In a provider agreement, a health-care provider agrees to accept full payment from a health-insurance company for any covered service rendered to the company's insured. While the provider may receive pennies on the dollar in reimbursement, provider agreements benefit both parties in the form of reduced rates in exchange for increased patient volume. When evaluating a health-care provider's obligations, an attorney should examine the provider agreement to determine whether a health-care provider is required to bill the health-insurance company.

New amendments to Rule 902 of the Illinois Rules of Evidence, which became effective on Sept. 28, 2018, are explored by Dustin Karrison in his article, “What’s Not to ‘Like’?” in the November 2018 Illinois Bar Journal. The amendments ease the burden and expense of authenticating electronically stored evidence for trial, including content from social media sites.

While the amendments ease the burden and expense of authenticating social media content for trial, Karrison warns the amendments only go so far: Compliance with Rule 902 does not establish the original source of social media content. In other words, if a social media site is admitted into evidence, this does not necessarily confirm the content posted on the account was authored or posted by the owner of the account. Karrison provides attorneys on both sides of an authentication challenge with advice based on what the new amendments can and cannot do.