2015 Articles

Revised licensing procedures for real estate appraisers

August
2015
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation (DFPR) amended the Part on Real Estate Appraisers Licensing pursuant to Pub. Act 98-1109. 68 Ill. Adm. Code 1455 (eff. June 1, 2015).

Revision of horse racing licensure penalties

January
2015
Illinois Law Update
, Page 16
The Illinois Racing Board has made two changes to the rules governing horse racing licensure penalties.

The right to go topless

By Matthew Hector
January
2015
LawPulse
, Page 10
Is a Chicago ordinance that requires women but not men to cover their breasts unconstitutional?

Rule change makes it easier to clear ‘mystery money’ from IOLTA accounts

By Matthew Hector
June
2015
LawPulse
, Page 10
Unidentified funds rattling around in your IOLTA account? Effective next month, amendments to Illinois Rule of Professional Responsibility 1.15 make it easier to dispose of them.

Sales tax changes for motor vehicles and air common carrier fuel

December
2015
Illinois Law Update
, Page 18
The Department of Revenue made several changes to the Retailers' Occupation Tax pursuant to Pub. Act 96-1035 and Pub. Act 98-422. 86 Ill. Adm. Code 130 (eff. Aug. 26, 2015)

Sales taxes updated to comply with Illinois Supreme Court ruling

January
2015
Illinois Law Update
, Page 16
To comply with the Illinois Supreme Court's ruling in Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130, the Department of Revenue has adopted amendments to the retailers' occupation tax, the use tax, and the service use tax.

School support personnel may participate in principal preparation programs

June
2015
Illinois Law Update
, Page 16
A new rulemaking by the State Board of Education allows school support personnel to enter principal preparation programs, so long as they enroll by June 30, 2019.

Se Habla Español

November
2015
Column
, Page 51
Daniel Thomann explains how to connect with Spanish-speaking clients.

Securing Your Electronic Client Communications

By Timothy A. Slating
October
2015
Column
, Page 50
A look at ways to ensure that your clients are the only ones reading email you send them.

Self-insured rental car company’s liability is limited to the insurance requirements proscribed in 625 ILCS 5/9-105

December
2015
Illinois Law Update
, Page 18
On October 8, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision, finding that the circuit court was correct in concluding that rental car companies that use a certificate of self-insurance are limited to

The ‘Seller’s Exception’ Defense to Product Liability Actions

By Nicholas Owen McCann
January
2015
Article
, Page 40
Retailers and other nonmanufacturers in Illinois can seek dismissal under the so-called "seller's exception" to strict products liability. Here's how it works.

Serial Adviser

August
2015
Column
, Page 56
ISBA member Gina DiVito talks about giving behind-the-scenes help to the podcast sensation Serial.

A service tax on lawyers?

By Matthew Hector
February
2015
LawPulse
, Page 12
As a candidate, Bruce Rauner proposed a tax on legal services. What will Governor Rauner do?
3 comments (Most recent November 2, 2015)

Shrinking the Target: New Developments in “Targeted Tender”

By Richard J. VanSwol
March
2015
Article
, Page 30
"Targeted tender" allows an insured with multiple policies covering the same risk to choose which insurers must defend first. But recent decisions have limited the scope of the doctrine.

Sleepless in the Corner Office

By Karen Erger
June
2015
Column
, Page 48
Sleep is a necessity, not a luxury.

Slips, Falls, and the Natural Accumulation Rule

By Jason G. Schutte & Eric Waldman
June
2015
Article
, Page 28
Owners are not liable for falls caused by a natural accumulation of ice, snow, or water on their property. But what is a "natural accumulation"? This article looks at the law.

A Sniff Too Far: No Dog Sniffs after Completed Traffic Stops

By David J. Robinson
July
2015
Article
, Page 42
Unless they have reasonable suspicion, police may not extend an otherwise completed traffic stop to conduct a dog sniff.

Solos’ Shrinking Income, Getting Along with the OC

August
2015
Column
, Page 49
Solos' incomes take a deep dive; it pays to get along with opposing counsel.
1 comment (Most recent August 10, 2015)

Solving for the X & Y: The Illinois Spousal Maintenance Guidelines

By Jeffrey L. HIrsch
September
2015
Article
, Page 32
The Illinois spousal maintenance guidelines were enacted to provide clarity and uniformity in maintenance calculations. But they raise their own set of questions.

Standardized electronic claims for worker’s compensation

December
2015
Illinois Law Update
, Page 18
A new subpart was adopted under Title 50 to carry out section 8.2a of the Worker's Compensation Act (820 ILCS 305/8.2a) and implement standardized electronic claims for payment of medical services by employers and insurers.

State Seals of Biliteracy to be added to eligible student transcripts

May
2015
Illinois Law Update
, Page 16
On August 27, 2013, the General Assembly passed Pub. Act 98-0560, which allows school districts to voluntarily participate in the State Seal of Biliteracy Program.

Statewide immunization record database implemented

September
2015
Illinois Law Update
, Page 18
The department recently established the "Immunization Registry Code" under the authority of the Immunization Data Registry Act. 77 Ill. Adm. Code 689 (eff. May 22, 2015).

The sting of IOLTA overdraft alerts

By Matthew Hector
March
2015
LawPulse
, Page 14
Since 2011, banks have been required to report IOLTA-account overdrafts to the Illinois ARDC. The resulting investigations often uncover bookkeeping mistakes that get lawyers into trouble.

Subject matter jurisdiction: The state constitution trumps the UCCJEA

By Matthew Hector
May
2015
LawPulse
, Page 10
In McCormick, the Illinois Supreme Court rules in an interstate custody dispute that subject matter jurisdiction comes from the constitution, not from a statute.

Suicide remains an unforeseeable event that breaks the causal chain in an intentional tort

August
2015
Illinois Law Update
, Page 16
On May 21, 2015, the Illinois Supreme Court affirmed the general rule that, as a matter of law, suicide is an unforeseeable event that breaks the causal chain in both negligent and intentional torts

Suspension of driver’s license after refusal to submit to chemical testing two days after traffic accident held unconstitutional

December
2015
Illinois Law Update
, Page 18
On September 24, 2015, the Supreme Court of Illinois held that section 11-501.6 of the Illinois Vehicle Code ("IVC") was unconstitutional as applied.

Ten dollar starting wage for state employees working in Chicago

November
2015
Illinois Law Update
, Page 20
The Department of Central Management Services adopted amendments to its Pay Plan. 80 Ill. Adm. Code 310 (eff. July 28, 2015).

They said my client paid in full - can they take that back?

July
2015
Article
, Page 28
Q. The finance company sent my client the title to her truck, along with the contract stamped "paid in full." A year later they're saying they made a mistake. Can I hold them to their release?

They’re Just Like Us

By Karen Erger
February
2015
Column
, Page 48
When law firm partners steal, the losses are enormous.

Tobacco cessation counseling and group psychotherapy regulations

June
2015
Illinois Law Update
, Page 16
To comply with Section 4107 of the Affordable Care Act, tobacco cessation counseling is now a covered service for pregnant women (and women who are sixty days postpartum) aged twenty-one and older.