Practice News

The Property Tax Appeal Board has withdrawn a proposed rule that would have prohibited lawyer-legislators from practicing before the board.

At its Nov. 13, 2018 meeting, the Joint Committee on Administrative Rules voted to object to the rulemaking and prohibit its filing with the Secretary of State. The committee's reasoning is that since the Property Tax Appeal Board has no statutory authority to take the action embodied in this rulemaking, such rulemaking represents a threat to the public interest.

The Illinois Supreme Court handed down four opinions on Friday, Dec. 28. In Sienna Court Condominium Ass'n v. Champion Aluminum Corp., the court addressed the question of whether a purchaser of a newly constructed home could assert a claim for breach of an implied warranty of habitability against a subcontractor that had no contractual relationship with the purchaser. In Stanphill v. Ortberg, the court reviewed a jury verdict hinging on the foreseeability of a depressed person’s suicide. The court considered whether five monetary charges were fines or fees in People v. Clark and determined there was no probable cause to execute a search warrant in People v. Manzo.

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. Our firm is an eight-attorney firm in Cincinnati, Ohio. We have been together for 14 years. There are four partners and four associates in the firm. Over the years we have traditionally had a year-end attorney planning retreat with limited success. This year we have decided that we want to dedicate the entire time to developing a strategic plan for the firm. What can we do to ensure that our strategic plan leads to actual implementation?

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.