ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers involuntary commitment, advance directives, special interrogatory, the Mechanics Lien Act, the Home Repair and Remodeling Act, indigent fees and costs, judicial admonishment in sentencing, and the LLC Act cleanup.
Practice News
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May 30, 2019 |
Practice News
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May 28, 2019 |
Practice News
As interest rates rise, more sellers are financing the sale of their real estate at lower-than-market rates and with less money down. Transactional attorneys are therefore being asked with some regularity to prepare installment agreements by which the client is either purchasing property from a seller on an installment basis or selling property and self-financing the purchase over time. For more than 30 years, real estate attorney Gary Gehlbach has routinely refused to structure transactions using installment contracts. To learn why he recommends an outright sale structured on purchase-money notes and mortgages (or trust deeds), read his article, “A Better Approach to Installment Contracts,” in June’s Illinois Bar Journal.
1 comment (Most recent May 30, 2019) -
May 23, 2019 |
Practice News
The Illinois Supreme Court issued three opinions on Thursday, May 23. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In LMP Services, Inc. v. City of Chicago, the court ruled that Chicago’s food truck regulations are constitutional. In Roberts v. Board of Trustees of Community College District No. 508, the court dismissed retaliatory discharge and whistleblower claims brought by a former Malcolm X College employee against City Colleges of Chicago. In Doe v. Coe, the court weighed in on the elements of torts of negligent and willful and wanton hiring, retention, and supervision.
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May 23, 2019 |
Practice News
The Illinois Supreme Court on May 23 announced amendments to Rules 767 and 773, which are effective July 1.
Amendments to both rules pertain to costs associated with attorney reinstatement following disbarment or suspension.
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May 22, 2019 |
Practice News
Attorney Kenneth Matuszewski discusses the basics of utility and design patents, and how the two differ.
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May 21, 2019 |
Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on May 21, 2019. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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May 20, 2019 |
Practice News
The Illinois Supreme Court Rules Committee will hear comments June 19 at a public hearing in Chicago on six proposals, including a proposal to establish a protective order for the release of medical information and a proposal involving the use of deposition testimony by a party.
The committee will also consider proposed changes to Supreme Court rules involving petitions for leave to appeal, amicus curiae briefs, and an appendix to briefs filed by appellants.
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May 20, 2019 |
Practice News
A hot topic in Illinois, legalized sports gambling is a possibility now that the U.S. Supreme Court has declared that the federal ban on the activity is unconstitutional. While Congress has yet to act, states are free to legalize sports gambling on their own. In Zachary Bock’s May 2019 Illinois Bar Journal article, “Sports Gambling: Will Illinois Bet on It?,” Bock provides an overview of recent efforts to legislate gambling in Illinois and elsewhere. He also summarizes the wide range of decisions that need to be made before bets are placed in Illinois. Among his takeaways: Illinois should monitor states such as Pennsylvania, where high sports-gambling fees and taxes have been imposed.
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May 17, 2019 |
Practice News
The Illinois Supreme Court on May 17 announced amendments to Rules 68, 472, and 558. The changes are effective immediately.
Supreme Court Rule 68 requires judges to file a written statement of economic interests and relationships of the judge and members of the judge’s immediate family with the Supreme Court’s clerk. The amendment requires the clerk to redact the judge’s email address contained in any statement filed pursuant to the Rule.
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May 15, 2019 |
Practice News
The Illinois Supreme Court has appointed Thomas M. Cushing as an at-large Cook County circuit judge.
Cushing was appointed to fill the vacancy created by the retirement of the Hon. Nicholas R. Ford on April 12. The appointment is effective June 19 and will conclude Dec. 7, 2020, when the position will be filled by the November 2020 General Election.