2014 Articles

New Rules for Discovery of Electronically Stored Information

By Gabriel Reilly-Bates, Richard Y. Hu, & Claire E. Brennan
October
2014
Article
, Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.

New rules for riverboat casino promotional coupons

February
2014
Illinois Law Update
, Page 68
The Illinois Gaming Board made three changes to riverboat gambling regulations. 86 Ill. Adm. Code 3000 (eff. Nov. 1, 2013).

New rules for waiving the right to wind up and terminate an LLC

October
2014
Illinois Law Update
, Page 472
The General Assembly amended the procedures by which a limited liability company may waive its right to wind up business and be terminated.

New standards for digital availability of public data

June
2014
Illinois Law Update
, Page 272
The newly enacted Open Operating Standards Act establishes a protocol for Illinois government agencies to make public data available on the Internet.

New tethering rules and humane treatment of dogs

July
2014
Illinois Law Update
, Page 320
Pursuant to the amended Humane Care for Animals Act, a dog owner may tether its dog outdoors so long as tethering will not exacerbate a known condition suffered by the dog.

New underage tanning ban

January
2014
Illinois Law Update
, Page 16
After January 1, 2014, tanning facilities may no longer permit individuals less than 18 years of age to use tanning equipment that emits ultraviolet radiation or electromagnetic radiation (with wavelengths between 200-400 nanometers).

New wild turkey hunting regulations

February
2014
Illinois Law Update
, Page 68
The Department of Natural Resources passed amendments to the turkey hunting regulations for gun and archery season. 17 Ill. Adm. Code 715, 720 (eff. Nov. 14, 2013).

No civil claims for parental eavesdropping

February
2014
Illinois Law Update
, Page 68
The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing...The Criminal Code has been amended to preclude civil remedies or causes of action against parents, grandparents, or other guardians for eavesdropping on a minor's electronic communications by accessing the minor's account if done during the guardian's exercise of supervision while the minor is in their "care, custody, or control."

No civil or criminal liability for good faith provision of healthcare to minors

September
2014
Illinois Law Update
, Page 424
The General Assembly recently added section 1.5 to the Consent by Minors to Medical Procedures Act.

No license needed to perform valuation waivers

January
2014
Illinois Law Update
, Page 16
Employees of the Illinois Department of Transportation ("IDOT") without a state real estate appraisal license may now perform valuation waivers if they have: (1) completed at least forty-five hours of course work in real estate appraisal; and (2) have had at least two years of experience in a field "closely related to real estate."

No wanton waste of “usable” game meat

May
2014
Illinois Law Update
, Page 220
Under the Wildlife Code, it is now illegal to recklessly waste or destroy the "usable meat" of any game animals harvested in that person's control if there is a bag limit imposed.

Non-competes, medical marijuana

January
2014
Column
, Page 50
New statutory and case law could affect employers' workplace policies.

Nonprofits now allowed for agricultural compost cooperatives

January
2014
Illinois Law Update
, Page 16
The General Not For Profit Corporation Act of 1986 has been amended to allow for the formation of nonprofits for the purpose of cooperatively owning and operating agriculture-based anaerobic digestion systems.

The Not-So-Accidental Claimant: Insurance Coverage for Intentional Harm

By Richard J. VanSwol
September
2014
Article
, Page 444
Insurance policies don't indemnify insureds who cause intentional or expected harm. But what is and isn't "intentional" or "expected"? The cases offer some clues.

Not-so-neighborly neighbors

By Matthew Hector
October
2014
LawPulse
, Page 466
Rural and exurban property owners who want to keep hunters and others off their land sometimes find it hard to do. But liability limits protect those who open their land to the public.

Nullity rule for unregistered collection agencies is no longer absolute

November
2014
Illinois Law Update
, Page 524
On September 10, 2014, the First District Appellate Court of Illinois upheld a foreclosure and sale even though the plaintiff agency was not registered under the Collection Agency Act, 225 ILCS 425/1 et seq., because the defendants failed to show the Act applied to the plaintiff.

Offers of Judgment: Federal Rule 68 in Illinois?

By Jessica Livieres, Andrew Cho, & Hon. E. Kenneth Wright Jr.
May
2014
Article
, Page 242
This article explores the background and purpose of Federal Rule 68 and how to address its many shortcomings should Illinois adopt a similar offer-of-judgment provision.

Only actual conflicts between state laws require choice-of-law determinations

August
2014
Illinois Law Update
, Page 372
On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.

Park employee pension fund requires greater employee contributions

August
2014
Illinois Law Update
, Page 372
Beginning in 2015 and continuing through 2016, employee contributions to the park employee pension fund will increase from 1.10 to 1.70 times the amount of employee contributions during the previous 12-month fiscal year ending December 31, 2013.

Path to Perfection: Crafting Error-Free Illinois Mechanics Lien Claims

By Howard M. Turner & Michael T. Nigro
April
2014
Article
, Page 192
Crafting a valid, error-free claim for lien for your contractor clients requires more than just reading the Mechanics Lien Act. Here are tips based on the statute and the cases interpreting it.

Pay plan amendments for state employees

November
2014
Illinois Law Update
, Page 524
The Department has adopted amendments to its regulations concerning the state employees' pay plan to reflect a memorandum of understanding entered into by the Department and the International Brotherhood of Teamsters, Local 700.

Per-diem rate add-on payments for long-term stay hospitals

August
2014
Illinois Law Update
, Page 372
Long-term stay hospitals will have payments for all current claims beginning on November 16, 2013; paid as a per diem rate add-on rather than an annual supplemental payment. 89 Ill. Adm. Code 148 (eff. May 13, 2014).

Permissible uses for medical stretcher vans

February
2014
Illinois Law Update
, Page 68
Medical stretcher vans may now provide their services to convalescent or bed-confined individuals who routinely require non-emergency transportation to or from medical appointments and who do not need medical monitoring or clinical observation. 77 Ill. Adm. Code 515 (eff. Nov. 12, 2013).

Personal injuries caused while driving with a suspended license now a class 4 felony

January
2014
Illinois Law Update
, Page 16
A second or subsequent violation of driving with a suspended or revoked license or permit will now be considered a Class 4 felony if it proximately causes a motor vehicle accident which leads to death or personal injury to another.

Pet Custody

April
2014
Column
, Page 197
Here's what to do for divorcing partners who love their pet but not each other.

Photographs now required for fingerprint-based background investigations

January
2014
Illinois Law Update
, Page 16
As of January 1, 2014, fingerprint-based background investigations conducted by non-criminal justice entities must include the individual's fingerprint images and also a photograph of the individual. 20 Ill. Adm. Code 1265.30.

Pickup trucks and SUVs now subject to vehicle rental tax

September
2014
Illinois Law Update
, Page 424
In compliance with amendments to the Automobile Renting Occupation and Use Tax Act, the Department of Revenue adopted an amendment which effectively imposes a vehicle rental tax on vehicles with a gross vehicle weight rating of 8,000 pounds or less. 86 Ill. Adm. Code 180 (eff. June 9, 2014).

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute

By Kaitlyn Anne Wild
January
2014
Article
, Page 24
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.

POAs in paradise, severance agreements and unemployment compensation

September
2014
Column
, Page 449
Is an Illinois POA for property valid in Florida? That and more gleaned from ISBA discussion groups.

Police can search handcuffed arrestee’s luggage, high court rules

By Janan Hanna
April
2014
LawPulse
, Page 162
The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.