The question facing Illinois courts interpreting the state’s Biometric Information Privacy Act (BIPA) has been how best to interpret the meaning of “aggrieved.” Was an individual aggrieved if the defendant violated the statute or did the individual need to have sustained “some actual injury or harm, apart from the statutory violation itself, in order to sue under the Act”? Illinois appellate courts had reached conflicting decisions on this question, but on Jan. 25, 2019, the Illinois Supreme Court resolved this split and held, in Rosenbach v. Six Flags Entertainment Corp., that a person is aggrieved in the legal sense “when a legal right is invaded by the act complained of ….” In his January 2019 Illinois Bar Journal article, “Still a Wild Ride,” Charles N. Insler, a partner in the St. Louis office of HeplerBroom LLC, where he concentrates on complex commercial litigation matters, follows BIPA litigation developments after Rosenbach.
Practice News
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January 21, 2020 | Practice News
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January 17, 2020 | Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on Jan. 17, 2020. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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January 13, 2020 |
Practice News
Dr. Hanif Nu’Man with Resci Consulting, LLC, discusses the causes of lawyer burnout, and how attorneys and firms can avoid this issue.
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January 13, 2020 | Practice News
Gino DiVito, author of the ISBA’s “The Illinois Rules of Evidence: A Color-Coded Guide,” was recently surprised when he uncovered more than three dozen differences between the Illinois and Federal Rules of Evidence. Some differences are major, some are minor. ”But all differences matter,” DiVito says. “Anyone serious about evidence—including all judges and most attorneys—must know the differences.” Fortunately, in the January 2020 issue of the Illinois Bar Journal, DiVito provides a succinct guide of all the differences between the IRE and FRE in his article, “The Surprising Number of Differences Between the Federal and Illinois Rules of Evidence.” DiVito writes, “I’m not aware of any freestanding guide on the differences between the Federal Rules of Evidence and the Illinois Rules of Evidence. Until now.”
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January 13, 2020 |
Practice News
Model Illinois Government is a multi-collegiate state organization that simulates the workings of our state government. Each spring, nearly 300 students from 20 Illinois colleges and universities converge to participate in our state government simulation.
The chief justice of the MIG Supreme Court is seeking volunteer attorneys to assist with judging a 3-day moot court competition at the Wyndham Hotel in Springfield. Preferred volunteers will have an understanding of the moot court/supreme court oral argument process. Law school students and legal professionals will also be considered.
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January 9, 2020 |
Practice News
The E-Notary Task Force created by the Illinois General Assembly has submitted a report on the feasibility and viability of electronic notarization or Remote Online Notarization or both.
The Task Force recommends that the Illinois General Assembly amend the Illinois Notary Public Act to authorize the Secretary of State to issue electronic notarial commissions to qualified applicants and that electronic notarizations be accepted and recognized statewide.
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January 8, 2020 |
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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January 6, 2020 | Practice News
As of Jan. 1, Illinois became the 11th state to legalize recreational cannabis. Many regulations remain to be written and much caselaw no doubt will follow, ensuring that attorneys in such areas as criminal and employment law will have plentiful opportunities to advise clients on cannabis-related matters in the months and years ahead. The Illinois Bar Journal's January 2020 issue surveys several hot cannabis topics, such as the state of available drug tests, how to define under the influence, employment law, and cannabis-related expungement cases now working their way through the court system.
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December 20, 2019 | Practice News
The Illinois Supreme Court handed down five opinions on Thursday, December 19. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In Ammons v. Canadian National Railway Co., the court interpreted the meaning of sections 55 and 60 of the Federal Employers’ Liability Act. In Iwan Ries & Co. v. the City of Chicago, the court addressed the city of Chicago’s power to tax tobacco products other than cigarettes. In Jones v. Pneumo Abex, LLC, an asbestos-related case involving claims of civil conspiracy, the Supreme Court remanded to the appellate court for reconsideration of a summary judgment reversal. In Andrews v. Metropolitan Water Reclamation District of Greater Chicago, the court provided further clarity on discretionary immunity available under sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act. In Rushton v. the Department of Corrections, the court interpreted the Freedom of Information Act (FOIA) in deciding whether a journalist could obtain a settlement agreement between Wexford Health Sources, Inc., an entity that contracts with the Illinois Department of Corrections (DOC) to provide medical care to inmates, and the estate of an inmate who died from cancer.
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December 19, 2019 |
Practice News
The Illinois Supreme Court today announced the approval of a new Remote Access Policy (RAP) to take effect on Jan. 1, 2020. The RAP, which includes an implementation plan for expanding remote access to court information and documents, will initially be released to a subset of Illinois licensed attorneys selected by the Illinois State Bar Association Standing Committee on Legal Technology for a trial period using the statewide re:SearchIL portal for court records.
The RAP, which was developed by the e-Business Policy Advisory Board in conjunction with the Administrative Office of the Illinois Courts, supersedes the previous Electronic Access Policy for Circuit Court Records of the Illinois Courts. The Administrative Director of the Illinois Courts has authority to amend the RAP as is necessary and appropriate.