2024 Articles

Single-refiling rule bars subsequent actions, regardless of statute of limitations

August
2024
Illinois Law Update
, Page 20
On May 23, 2024, the First District of the Illinois Appellate Court held that the expiration of the statute of limitations does not factor into the analysis of whether a filing is barred by the single-refiling rule.

Social Service

By Jessica A. Pullen
April
2024
Article
, Page 22
Practical guidance for, and challenges raised by, the amendment to Illinois Supreme Court Rule 102 allowing service via social media, text message, and email.

Sounding Off

August
2024
Column
, Page 8
A reader argues there is a serious error in an Illinois Bar Journal article concerning admitting medical expenses at trial; a reader’s defense work leads to an Illinois Pattern Jury Instruction on body-worn camera footage; and a discussion concerning when a fiduciary is a fiduciary under the Power of Attorney Act.

Sovereign immunity does not protect state officers when their conduct violates constitutional law and a plaintiff seeks damages for more than a past wrong

February
2024
Illinois Law Update
, Page 14
On Nov. 15, 2023, the Third District of the Illinois Appellate Court held sovereign immunity does not protect state officers when their conduct is unconstitutional and plaintiffs seek more than damages for past wrongs under the officer-suit exception.

Sowing Seeds

By Amelia Buragas
September
2024
LawPulse
, Page 12
Nearly five years after the ISBA launched the Rural Practice Fellowship Program, the association assesses its progress.

Springing Into Change

By Ryan P. Theriault
April
2024
Column
, Page 46
The Illinois Bar Foundation continues to support a wide range of attorneys and attorneys to be.

State agencies must include “Middle Eastern or North African” racial classification

July
2024
Illinois Law Update
, Page 20
Amends the Uniform Racial Classification Act. When a state agency is required by law to compile or report statistical data using racial or ethnic classifications, that agency shall also include people who are...

State must file petition requesting the denial of pretrial release at defendant’s first appearance before a judge or within 21 calendar days after defendant’s arrest and release

May
2024
Illinois Law Update
, Page 16
On Feb. 26, 2024, the Third District of the Illinois Appellate Court held that the state must file a petition requesting the denial of pretrial release at the defendant’s first appearance in front of a judge or within 21 calendar days after the defendant’s arrest and release.

A Stern Rebuke

July
2024
Column
, Page 8
A reader takes the Illinois Bar Journal and a columnist to task concerning free speech and the current conflict in the Middle East.

Sticking Around

By Karen Erger
February
2024
Column
, Page 48
In which the amble-aided author makes an appeal for thoughtful support.

Summary judgment for lack of notice reversed, as wholesalers that provided food leading to food poisoning may have known about claim of defective food

September
2024
Illinois Law Update
, Page 16
On June 7, 2024, the First District of the Illinois Appellate Court held that the presuit notice requirements in the Uniform Commercial Code (UCC) apply to perishable goods with latent defects, and that third-party lawsuits can constitute actual knowledge of the defect.

Summary judgment on nursing home’s claim for nonpayment reversed concerning whether the defendant was eligible for Medicaid benefits

September
2024
Illinois Law Update
, Page 16
On June 5, 2024, the First District of the Illinois Appellate Court held that summary judgment was improperly granted in a Medicaid case.

The Sun Always Rises

By Shawn S. Kasserman
January
2024
Column
, Page 8
An epiphany received by the author as his mother recovers from emergency brain surgery.

A Swing and a Hit!

By Shawn S. Kasserman
April
2024
Column
, Page 8
On the benefits of taking a break.

Task force created to review eligibility standards for holding public office

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Election Code. The amendment establishes the Task Force to Review Eligibility to Hold Public Office, which will review the criminal conduct that currently precludes an individual from holding public office in Illinois and make recommendations regarding what conduct should preclude such ineligibility.

Task force to make recommendations supporting healing-centered and trauma-informed environments.

July
2024
Illinois Law Update
, Page 20
Creates the Task Force for a Healing-Centered Illinois Act. The task force’s objectives include: recommending shared language and common definitions; identifying the current training capacity and training needs to support healing-centered and trauma-informed environments among organizations and educational institutions; and designing a process for identifying what data is needed to understand the dimensions of trauma in Illinois.

Taxpayers can appeal county assessor revisions within 30 business days

August
2024
Illinois Law Update
, Page 20
The Illinois General Assembly amended the Property Tax Code. If a county assessor revises a property tax assessment and that revision is not made on complaint of the property owner, the county assessor shall continue to accept appeals from the taxpayer for a period of not less than 30 business days (formerly 35 business days).

There’s More Behind the Curtain

June
2024
Column
, Page 8
Brokerage firms not honoring durable powers of attorney.

Township officers may now hold positions on nonprofit corporation boards interested in a contract, work, or business of the township

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Public Officer Prohibited Activities Act. Township officers may now serve on the board of a nonprofit corporation interested in a contract, work, or business of the township.

Training and continuing education requirements modified to maintain home inspector license

May
2024
Illinois Law Update
, Page 16
The Department of Financial and Professional Regulation adopted several amendments to the Part titled Home Inspector License Act. All home inspectors and home inspector entity licenses expire on November 30 in even-numbered years.

Transfer of cannabis from a cultivator to an infuser does not count as a “first sale” for tax purposes

July
2024
Illinois Law Update
, Page 20
The Cannabis Cultivation Privilege Tax imposes a 7 percent tax on the first sale of cannabis by a cultivator.

Trial court cannot balance equities when injunctive relief is expressly allowed by a municipal ordinance

April
2024
Illinois Law Update
, Page 14
On Jan. 19, 2024, the Illinois Supreme Court held that a trial court cannot balance the equities when a plaintiff seeks to enforce a municipal ordinance that expressly authorizes injunctive relief.

Trial court to decide whether replevin and detinue statute of limitations should be tolled until the date of discovery

August
2024
Illinois Law Update
, Page 20
On May 29, 2024, the Third District of the Illinois Appellate Court held that trial courts have the right to decide whether the statute of limitations for replevin actions should be tolled to begin running on the date of discovery of the defendant’s identity.

Trial courts have jurisdiction to hear petitions for orders of protection when alleged abuse occurred primarily outside of Illinois

February
2024
Illinois Law Update
, Page 14
On Nov. 22, 2023, the First District of the Illinois Appellate Court held that a trial court has jurisdiction under the Illinois Domestic Violence Act to hear a petition for an order of protection based on alleged abuse occurring outside the state of Illinois.

Trust Issues

By Peter Sullivan
January
2024
Article
, Page 36
In re Parentage of A.H.,and court-created section 503(g) trusts holding assets for future child support payments.

Uninsured motorist policies that limit coverage to vehicle occupants violate section 143a of the Illinois Insurance Code

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that uninsured motorist policies that limit coverage to vehicle occupants violate section 143a of the Illinois Insurance Code and are unenforceable as a matter of public policy.

Unlicensed trailer parks may no longer evict tenants for failure to pay rent

September
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Mobile Home Landlord and Tenant Rights Act. Mobile home parks that have not applied for their license, have not applied for their license renewal, or have failed to pay the required fees under the Mobile Home Park Act now have limited statutory grounds to evict tenants.

Until We Meet Again

By Shawn S. Kasserman
June
2024
Column
, Page 10
The 2023-24 ISBA President reflects on his year of growth, and growing number of friends.

Up and Running

By Ed Finkel
July
2024
Cover Story
, Page 24
Sonni Choi Williams, the first woman of color to serve as ISBA president, has traveled an arduous but inspiring road to leadership.

Upward Appreciation

By Patrick Barry
June
2024
Column
, Page 46
Even the boss needs a pick-me-up now and then.