2022 Articles

Dismissed but Not Excused

By Stephen T. Saporta & Christy Jepson
November
2022
Article
, Page 34
A mortgage lender that can’t prove its case should not be allowed multiple opportunities to do so by taking multiple voluntary dismissals and refiling its case multiple times. The Second District of the Illinois Appellate Court seems to say otherwise.
1 comment (Most recent December 2, 2022)

Dispensing of and access to drug adulterant testing supplies

September
2022
Illinois Law Update
, Page 16
This Act amends the Overdose Prevention and Harm Reduction Act. The amendment authorizes various pharmacy and physician entities and individuals to dispense drug adulterant testing supplies to any person.

Don’t Miss Out!

By Anna P. Krolikowska
May
2022
Column
, Page 8
It’s Member Appreciation Month!

Don’t Out-PACER Yourself

By Jesse Bowman
January
2022
Column
, Page 48
The Free Law Project’s crowdsourced tools rival PACER.

Drafts and Leaks

By Amelia Buragas
October
2022
LawPulse
, Page 12
The Illinois Supreme Court’s Reporter of Decisions weighs in on the U.S. Supreme Court’s Dobbs draft opinion leak and the chances of such a leak occurring in Illinois.

Driver’s license suspended for failing to post security in an uninsured crash may be reinstated when statute of limitations expires

June
2022
Illinois Law Update
, Page 16
The secretary of state amended the Illinois Safety Responsibility Law. Existing law requires an uninsured driver, after a car accident, to post security to satisfy any potential judgments for money damages when the accident results in bodily injury, death of a person, or more than $1,500 in property damage.

Election Code amended to improve voting conditions for persons with disabilities, allow voters to identify as nonbinary, and prohibit unidentified campaign contributions

February
2022
Illinois Law Update
, Page 14
The Election Code is amended to create a task force to review current laws and make recommendations to improve access to voting for persons with disabilities.

Electronic authorization cards approved to demonstrate interest in bargaining units

December
2022
Illinois Law Update
, Page 12
The Illinois Labor Relations Board adopted amendments to the Representation Proceedings Part of the Illinois Public Relations Act. The amendment authorizes employees to show interest in joining or forming bargaining units through electronic signature.

Electronic mail service not recognized in citation to discover assets

May
2022
Illinois Law Update
, Page 14
On Feb. 17, 2022, the First District of the Illinois Appellate Court held that Illinois law does not allow for service by electronic mail when third parties have not yet appeared before the court.

Electronic surveillance officer training upgraded to reflect new technology

January
2022
Illinois Law Update
, Page 16
The Illinois State Police amended Certification and Training of Electronic Criminal Surveillance Officers. The amendment reflects advancements in technologies that have made the certification process for existing levels of Electronic Criminal Surveillance Officers (ECSOs), involving physical installation of devices, unnecessary.

Emergency stalking no-contact order petitions to remain private until service

August
2022
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Stalking No Contact Order Act. Upon filing a petition for an emergency no-contact order, only the court, petitioner, victim advocate, counsel for either party, law enforcement, and the county’s state’s attorney can access the file and petition until the order is served on a respondent.

Employer requirements under Occupational Safety and Health Act updated

May
2022
Illinois Law Update
, Page 14
The Department of Labor amended Health and Safety regulations to reflect updates to the Illinois Occupational Safety and Health Act (OSHA). New Form 300—a yearly summary log of injuries and illnesses—requires employers to keep records of all recordable occupational injuries and illnesses for that workplace.

Employers must disclose differences in insurance coverage benefits

January
2022
Illinois Law Update
, Page 16
The Consumer Coverage Disclosure Act is enacted to require an employer that provides group health insurance coverage, upon request, to furnish a list that compares its group coverage benefits with the individual health insurance coverage benefits mandated by the state.

Evidence from warrantless search need not be suppressed when obtained after officers entered dwelling in the belief that an individual required emergency aid

September
2022
Illinois Law Update
, Page 16
On June 16, 2022, the Illinois Supreme Court affirmed the application of the emergency aid exception to the warrant requirement, thus admitting evidence obtained without a search warrant.

Exception to exhaustion doctrine of an administrative remedy recognized

June
2022
Illinois Law Update
, Page 16
On Mar. 31, 2022, the First District of the Illinois Appellate Court reversed and remanded a trial court’s dismissal of a class action on grounds that an exception to the exhaustion doctrine applied.

Family and household members may file no-contact orders on behalf of survivors of sexual assault

July
2022
Illinois Law Update
, Page 14
This Act amends the Civil No Contact Order Act to allow any family or household member of a survivor of sexual assault to file petitions for no-contact orders.

Family, Faith, and Community

By Pete Sherman
July
2022
LawPulse
, Page 10
Justice Lisa Holder White replaces retiring Justice Rita Garman on the Illinois Supreme Court.

A Few Notions on Drafting Motions

By Justice Michael B. Hyman
November
2022
Column
, Page 46
Five tips for writing a motion designed to persuade a judge, who may only read it once.

Finger-scan information does not fall under Biometric Information Privacy Act’s exclusions

June
2022
Illinois Law Update
, Page 16
On Feb. 25, 2022, the First District of the Illinois Appellate Court found that a protection exclusion in section 10 of the Biometric Information Privacy Act (BIPA) does not apply to biometric information of health care workers.

Fire alarm testing requirement not a violation of condominium residents’ Fourth Amendment rights

September
2022
Illinois Law Update
, Page 16
On June 21, 2022, the Second District of the Illinois Appellate Court held that requiring a private company to conduct an annual fire alarm inspection was not a violation of a condominium association’s Fourth Amendment rights.

Former Chicago alderman’s use of campaign funds for personal legal fees was not a per se prohibited payment of personal debt

June
2022
Illinois Law Update
, Page 16
On Mar. 24, 2022, the Illinois Supreme Court affirmed the First District of the Illinois Appellate Court’s judgment and Illinois State Board of Election’s dismissal of an alderman’s complaint that his predecessor unlawfully paid personal legal fees from campaign funds.

Free Speech and Public Education

By Christine L. Self
March
2022
Article
, Page 30
The pandemic, social media, and new curricular developments are testing the First Amendment protection of speech in education.

Freedom to File

By Lauren Riddick
October
2022
Article
, Page 40
Despite misunderstandings, the First Amendment’s Petition Clause applies to Fair Debt Collection Practices Act litigation.

From Illinois to Delaware

By Ira N. Helfgot
August
2022
Article
, Page 26
A primer for creditors collecting judgments from Illinois and Delaware trusts.

From Pageantry to Professionalism

By Celeste Niemann
June
2022
LawPulse
, Page 10
An interview with Erika Harold, the Illinois Supreme Court Commission on Professionalism’s new executive director.

From the Start

By Mark Bernstein & Joel Bertocchi
June
2022
Article
, Page 26
A recent Illinois Supreme Court ruling on legal malpractice and its statute of limitations.

“Fruit of poisonous tree” doctrine does not apply when a video recording is created simultaneously with an illegal audio recording

January
2022
Illinois Law Update
, Page 16
On Oct. 21, 2021, the Illinois Supreme Court held that the fruit-of-the-poisonous-tree doctrine did not apply when a video recording was created simultaneously with an illegal audio recording because the video could not have been derived from the audio.

General Member Referral Directory

October
2022
Column
, Page 31
Find a qualified ISBA member when a case falls outside of your area of practice.

General Member Referral Directory

July
2022
Column
, Page 26
Find a qualified ISBA member when a case falls outside of your area of practice.

General Member Referral Directory

April
2022
Column
, Page 30
Find a qualified ISBA member when a case falls outside of your area of practice.