2019 Articles

The First District Appellate Court, first division, held that neither the attorney who subpoenaed a plaintiff’s mental-health records nor the hospital that released them was entitled to summary judgment for claims arising from the Mental Health and Developmental Disabilities Confidentiality Act.

On March 21, 2019, the Illinois Supreme Court held that only weapons that can be licensed under the Firearm Concealed Carry Act are meant to be excluded from the reach of the unlawful use of weapons statute and that weapons outside its reach are protected by the Second Amendment.

Without a contractual link between the property owners and subcontractor, the property owners cannot bring a breach of implied warranty of habitability claim against the subcontractors.

The Veterans’ Service-Related Ailments Task Force is created and shall review and make recommendations regarding veterans’ service-related ailments that are not recognized by the U.S. Department of Veterans Affairs, including exploring why certain service-related ailments are not recognized and determining what may be done to have them recognized.

The Department of Revenue adopted a new Part titled Invest in Kids Act (86 Ill. Adm. Code 1000 (effective Oct. 31, 2018)).

On May 10, 2019, the First District Appellate Court affirmed the Chicago Board of Education’s decision to dismiss a teacher based on irremediable conduct. Under 105 ILCS 5/34-85(a),

The Pollution Control Board (PCB) adopted amendments to General Rules updating various rules of procedure for board hearings and other actions.

The plaintiff filed a wrongful death and survival action after her 17-year-old son was fatally shot in the parking lot of a university’s arena after a high school basketball game there.

The Illinois Vehicle Code was amended to create the Traffic and Pedestrian Stop Data Use and Collection Task Force.

DOR adopted an amendment to the Income Tax Code (86 Ill. Adm. Code 100 (effective Oct. 12, 2018)), providing a definition of "transportation company" for purposes of the apportionment formula for taxpayers providing transportation services.

The Pollution Control Board adopted amendments to General Provisions (35 Ill. Adm. Code 900); Sound Emission Standards and Limitations for Property Line-Noise Sources (35 Ill. Adm. Code 901); Sound Emission Standards and Limitations for Motor Vehicles (35 Ill. Adm. Code 902); and Measurement Procedures for the Enforcement of 35 Ill. Adm. Code 900 & 901 (35 Ill. Adm. Code 910), all effective Nov. 1, 2018.

In an effort to update various aspects of unemployment insurance claims and processing, the Department of Employment Security (DES) adopted several amendments to the following Parts: Claims, Adjudication, Appeals and Hearings (56 Ill. Adm. Code 2720); Administrative Hearings and Appeals (56 Ill. Adm. Code 2725); Employment (56 Ill. Adm. Code 2732); Notices, Records, Reports (56 Ill. Adm. Code 2760); Payment of Unemployment Contributions, Interest, and Penalties (56 Ill. Adm. Code 2765); Collection of Unemployment Contributions (56 Ill. Adm. Code 2790); and Payment of Benefits (56 Ill. Adm. Code 2830), all effective Jan. 15, 2019.

The Illinois General Assembly amended several definitions in section 2VVV of the Consumer Fraud and Deceptive Business Practices Act, which refers to deceptive marketing, advertising, and sale of mental-health-disorder and substance-use-disorder treatment.