2024 Articles

Music venues must maintain opioid antagonists on premises

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Liquor Control Act of 1934. Any liquor license holder (licensee) operating a music venue must now have opioid antagonists and a person trained in administering opioid antagonists on their premises during operations.

New Acrobatics

By Jeffrey R. Schoenberger
August
2024
Column
, Page 44
Get into the swing of things with Adobe Acrobat’s updated interface.

New credit reporting standards regarding medical debt

September
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Child Labor Law. “Vloggers” are people who create internet video content performed in Illinois in exchange for compensation.

New definition of investment partnership; new tax withholding requirements

October
2024
Illinois Law Update
, Page 16
The Department of Revenue amended the Illinois Income Tax Act. The amendments update the definition of an investment partnership and corresponding tax withholding rules.

New Office of Statewide Pretrial Services established under the Illinois judicial branch

October
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Pretrial Services Act. A new office in the Illinois judicial branch known as the “Office of Statewide Pretrial Services” has been established.

New restrictions on minor children’s labor and participation in online video content

September
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Child Labor Law. “Vloggers” are people who create internet video content performed in Illinois in exchange for compensation.

New vLex Fastcase Rollout

By Ed Walters
November
2024
LawPulse
, Page 14
ISBA members receive major upgrade to vLex Fastcase, including AI-assisted legal research.

No abuse of discretion where trial court denies pretrial release in compliance with Code of Criminal Procedure

February
2024
Illinois Law Update
, Page 14
On Nov. 17, 2023, the Fourth District of the Illinois Appellate Court held that there is no abuse of discretion when trial courts comply with requirements of the Illinois Code of Criminal Procedure and make findings based upon the record.

No duty to defend when claims do not potentially fall within coverage of the insurance policy at issue

December
2024
Illinois Law Update
, Page 16
On Sept. 10, 2024, the First District of the Illinois Appellate Court held that there is no duty to defend when a claim does not potentially fall within coverage of an insurance policy.

No relief due when attorney fails to timely refile complaint when mistake exists in initial last-minute filing

February
2024
Illinois Law Update
, Page 14
On Nov. 7, 2023, the Second District of the Illinois Appellate Court held that no relief is due when an attorney fails to timely refile a rejected complaint and no mitigating reason exists to account for a mistake in that attorney’s initial last-minute filing.

No tort is recognized in Illinois for interference with custodial rights in international child abduction cases

October
2024
Illinois Law Update
, Page 16
On June 28, 2024, the First District of the Illinois Appellate Court held that Illinois does not recognize a new tort of interference with custodial rights in cases involving the international abduction of children.

The odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search

December
2024
Illinois Law Update
, Page 16
On Sept. 19, 2024, the Illinois Supreme Court held that the odor of burnt cannabis alone is insufficient for probable cause to conduct a warrantless search.

On the Road Again

By Jeffrey S. Krause & Jeffrey R. Schoenberger
March
2024
Column
, Page 42
Set yourself up for success at your next conference.

Our Responsibility

By Shawn S. Kasserman
February
2024
Column
, Page 8
Keeping alive the spirit and aspirations of the ISBA Assembly’s June 2020 resolution concerning racial justice.
1 comment (Most recent February 9, 2024)

Out-of-state drop service in an individual’s general vicinity can constitute in-person service

March
2024
Illinois Law Update
, Page 18
On Nov. 20, 2023, the Fifth District of the Illinois Appellate Court held that out-of-state drop service in an individual’s general vicinity can constitute in-person service consistent with section 2-208 of the Illinois Code of Civil Procedure.

Paid Leave for All Workers Act adopted

August
2024
Illinois Law Update
, Page 20
All public and private employers in Illinois, except school districts and park districts, must provide their employees a minimum of one hour paid leave at their regular rate of pay for every 40 hours worked, up to a minimum of 40 hours paid leave per 12-month period.

Parental rights may be terminated when parents fail to make progress toward reunification

June
2024
Illinois Law Update
, Page 16
On Feb. 27, 2024, the First District of the Illinois Appellate Court held that parental rights may be terminated when the parent fails to make progress toward reunification within a 12-month period.

Parents who consent to health care services on behalf of their children have the right to inspect the part of the child’s medical record related to that service

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Consent by Minors to Health Care Services Act. A parent who consents to a health care service for their child may inspect and copy the part of the child’s medical record that relates to the specific health care service the parent authorized.

Parties alleging the Federal Arbitration Act preempts the Nursing Home Care Act must show that the governing contract evidences a transaction involving commerce

May
2024
Illinois Law Update
, Page 16
On Feb. 13, 2024, the Fourth District of the Illinois Appellate Court held that parties alleging the Federal Arbitration Act (FAA) preempts the Nursing Home Care Act (NHCA) must prove that the governing contract evidences a transaction involving commerce.

Passkeys and Other Security Advances

By Jeffrey R. Schoenberger
May
2024
Column
, Page 40
Advancing security protections step by step.

Pension fund need not pay a former firefighter’s nonduty disability if the pension fund is not from the firefighter’s last employer

May
2024
Illinois Law Update
, Page 16
On Feb. 9, 2024, the First District of the Illinois Appellate Court held that the last pension fund a firefighter participated in is not required to pay a nonduty disability pension if the firefighter joined the fire department voluntarily and had not yet accrued seven years of creditable service with that fire department at the time the firefighter resigned.

Personal-injury case against international company dismissed for lack of jurisdiction, after plaintiff fails to show purposeful availment

September
2024
Illinois Law Update
, Page 16
On June 4, 2024, the Fourth District of the Illinois Appellate Court held there is no personal jurisdiction if an entity’s sole contact with Illinois is that a third party sells the entity’s products there.

Persons alleging to be parents, intended parents, or providers of financial support to a child have standing under the Parentage Act

June
2024
Illinois Law Update
, Page 16
On March 5, 2024, the First District of the Illinois Appellate Court held that persons alleging to be parents, intended parents, or providers of financial support to a child have standing under the Parentage Act.

Petition to review denial of a firearm owner’s identification card properly denied when plaintiff has criminal history and fails to exhibit responsibility concerning statutory requirements

March
2024
Illinois Law Update
, Page 18
On Nov. 28, 2023, the Second District of the Illinois Appellate Court held that a petition to review the denial of a Firearm Owners Identification (FOID) card was properly denied when the plaintiff had an arrest and conviction history and failed to exhibit responsibility concerning the FOID Card Act’s requirements.

Pipes and plumbing fixtures that provide water for human consumption must be certified lead-free; new requirements for testing and monitoring copper and lead in tap and source water

February
2024
Illinois Law Update
, Page 14
The Pollution Control Board adopted amendments to its Primary Drinking Water Standards to remain in compliance with the U.S. Environmental Protection Agency. The rulemaking added new standards for manufacturing or installing pipes, plumbing fittings, and other fixtures.

Plaintiff who unknowingly files lawsuit against deceased defendant may move to appoint special representative to defend

January
2024
Illinois Law Update
, Page 16
On Oct. 26, 2023, the Illinois Supreme Court held that a plaintiff who unknowingly files a lawsuit against a deceased defendant may move to appoint a special representative to defend the lawsuit.

Possession of firearm is clear and convincing evidence of a real and present threat to the community

July
2024
Illinois Law Update
, Page 20
On May 3, 2024, the First District of the Illinois Appellate Court held that use of a firearm in commission of a crime while on conditional release is clear and convincing evidence that a defendant poses a real and present threat to the community.

Postconviction counsel’s failure to file an Illinois Supreme Court Rule 651(c) certificate does not necessitate reversal if subsequent counsel complies with the Rule

May
2024
Illinois Law Update
, Page 16
On Feb. 8, 2024, the Fifth District of the Illinois Appellate Court held that a postconviction counsel’s failure to comply with Illinois Supreme Court Rule 651(c) does not require reversal when subsequent postconviction counsel complies with the Rule.

Practicing in a New World

By Morgan B. Handwerker
February
2024
Article
, Page 26
How generative AI is transforming the legal landscape.

Pretrial Data Dashboard

By Amelia Buragas
August
2024
LawPulse
, Page 16
Office of Statewide Pretrial Services unveils dashboard tracking pretrial release data in 76 Illinois counties.