2023 Articles

On Aug. 25, 2023, the Sixth District of the Illinois Appellate Court held that awards of statutory attorney fees against a state agency are not barred by sovereign immunity when the fees are ancillary to the injunctive relief.

On Jan. 20, 2023, the Illinois Supreme Court held that a statute criminalizing the unlawful possession of a firearm by street gang members does not violate the Eighth and 14th amendments of the U.S. Constitution.

On Nov. 16, 2022, the First District of the Illinois Appellate Court held a statute governing the effect of marriage dissolution judgments on life insurance policy beneficiaries should not be applied retroactively.

The Illinois General Assembly amended the Department of Transportation Law of the Civil Administrative Code of Illinois. The amendment establishes the Zero Traffic Fatalities Task Force with the goal of developing policies that will reduce the number of traffic fatalities to zero.

The Illinois General Assembly enacted the Task Force on Missing and Murdered Chicago Women Act. The Act creates a task force to provide the General Assembly recommendations to reduce and end violence against Chicago women and girls.

On Dec. 30, 2022, the First District of the Illinois Appellate Court held that a party strictly complied with the statutory notice requirements under the Illinois Property Tax Code.

The Teachers’ Retirement System amended the Part titled Administration and Operation of the Teachers’ Retirement System. Employers must now file all required reports under Article 16 of the Illinois Pension Code on a pay-period basis rather than on a monthly basis.

On Jan. 31, 2023, the Fifth District of the Illinois Appellate Court held that a temporary restraining order was properly granted based on equal protection grounds regarding the fundamental right to bear arms.

On Jan. 10, 2023, the Second District of the Illinois Appellate Court held that refusal to allow a bar to amend an answer to include an affirmative defense constituted an abuse of discretion.

On March 29, 2023, the Third District of the Illinois Appellate Court held that an attorney was not in indirect civil contempt for disclosing confidential settlement-agreement terms to a reporter because the disclosure could not be cured.

On Jan. 30, 2023, the First District of the Illinois Appellate Court held that excluding contents of a warrant in a defendant’s armed habitual criminal trial constituted an abuse of discretion where it caused an inference of predetermined guilt.

On Feb. 2, 2023, the First District of the Illinois Appellate Court held that in a second-stage proceeding for postconviction relief under the Post-Conviction Hearing Act, a court may only consider whether newly discovered evidence rebuts the postconviction petitioner’s trial record when assessing its credibility under an actual-innocence claim.

On Jan. 20, 2023, the Second District of the Illinois Appellate Court held that an arresting officer’s official reports were admitted into evidence once they were filed, although the defendant neither stipulated nor chose to utilize the reports in his case.

On Aug. 21, 2023, the Third District of the Illinois Appellate Court held that barring a necessity defense does not necessarily deny the defendant a fair trial in a criminal case.

On May 23, 2023, the Fourth District of the Illinois Appellate Court affirmed a finding that a petitioner is unable to work due to caregiving for a disabled child in determining a marriage dissolution maintenance award.

The Illinois General Assembly amended the Illinois Human Rights Act. Under the Act, it is unlawful to discriminate against a person because of their actual or perceived race.