The mend-the-hold doctrine derives its name from “a nineteenth-century wrestling term, meaning to get a better grip (hold) on your opponent.” In a series of early decisions, the Illinois Supreme Court established the mend-the-hold doctrine, which provides that a party’s stated grounds for refusing to perform a contract bars grounds left unstated. The Illinois Appellate Court later narrowed the doctrine by limiting parties to grounds identified at the start of litigation and only when switching positions prejudices an opponent. In December’s Illinois Bar Journal, Stanley C. Nardoni, who practices in the Insurance Recovery Group of Reed Smith LLP’s Chicago office, assesses whether the appellate court’s narrowing of the doctrine contradicts precedent established by the supreme court.
Illinois Bar Journal
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December 10, 2018 |
Practice News
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December 3, 2018 |
Practice News
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.
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November 26, 2018 |
Practice News
A growing number of attorneys and judges who have struggled with mental illness and substance abuse are speaking out about their battles. In doing so, they are challenging misconceptions while promoting services such as the Illinois Lawyers' Assistance Program (LAP). The 2016 American Bar Association Hazelden Betty Ford Study on lawyer impairment mapped out the extent of the problem. The survey of 12,825 attorneys showed that 20.6 percent screened positive for alcoholism, 28 percent for depression, 19 percent for anxiety, and 23 percent for stress—all at higher rates than other professions.
For its December cover story, the Illinois Bar Journal spoke with several attorneys and judges who have wrestled with drug abuse and mental illness, but also sought assistance and treatment. While recovery is not easy, all say they are glad for taking that first step: Asking for help.
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November 19, 2018 |
Practice News
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.
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November 15, 2018 |
Practice News
The Illinois State Bar Association is inviting members to submit articles for publication in the Illinois Bar Journal (IBJ), our award-winning monthly publication that is sent to 28,000 attorneys throughout the state.
When you become an author for the IBJ, you not only establish yourself as an authoritative subject matter expert, but you can also claim CLE credit for your work.
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November 12, 2018 |
Practice News
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.
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November 5, 2018 |
Practice News
Suppose your client walks into your office and explains that he has been sued by his former employer for violation of a noncompete clause in his employment contract. Your client signed the noncompete a week after starting his employment and then worked for the employer for 23 months. Is the noncompete supported by adequate consideration? The answer could depend on the judge and court hearing the case.
A postemployment restrictive covenant must be supported by adequate consideration—generally characterized as “employment for a substantial period of time.” But what is a “substantial period of time”? May other forms of consideration be substituted? Does it matter if an employee quits or is terminated with or without cause? Illinois appellate courts have been unable to clearly answer these questions.
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October 29, 2018 |
Practice News
You receive a 14-day letter from the ARDC. What do you do? Be calm. Accurately lay out the facts. Question anything you don't understand. Ask for an extension—if you need one. The good news? Most ARDC claims are dismissed upfront. Charges that lead to a hearing still need to be proved with “clear and convincing evidence,” says Jeff Corso of Cooney, Corso & Moynihan in Downers Grove and a member of the ISBA’s Standing Committee on the ARDC. In November 2018’s Illinois Bar Journal, writer Ed Finkel unpacks and demystifies the ARDC’s complaint process and provides tips from experts on how to properly interact with the agency if a 14-day letter lands in your mailbox.
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October 22, 2018 |
Practice News
Appellate and trial courts are issuing inconsistent decisions concerning proper standing and jurisdiction following the U.S. Supreme Court’s opinion in Spokeo, Inc. v. Robins. The uncertainty created by these decisions means judges and attorneys must juggle many variables when considering choice of venue in Illinois and other states. The difference is in how each court defines concrete injury and whether the threat of future harm is sufficiently concrete. An illustration of these inconsistencies is in cases brought by consumers affected by data breaches. In those cases, consumers’ personal information became exposed to parties not authorized to see or possess it. Claims based on data breaches typically include, if not solely rely on, allegations that consumers were injured because the mere exposure of their personal information created a threat of future harm. Read Mark Bernstein’s article, “Standing Here or There?,” in October’s Illinois Bar Journal for a detailed analysis of venue and jurisdiction implications when trying or defending cases involving concrete-injury and future-harm claims.
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October 15, 2018 |
Practice News
In October’s Illinois Bar Journal, Derek M. Johnson discusses the challenges a decedent’s estate may face if it owes federal income taxes, which may take priority over other claims and expenses, especially when the estate is insolvent. Understanding how and when to pay an estate’s taxes in relation to its other obligations is critical, Johnson advises. In his article, “Debts, Secret Tax Liens, and Other Estate Traps,” Johnson considers options and preventive measures when determining whether taxes are owed by decedents and their estates in probate.