An overview of housing cooperatives in IllinoisBy Karen G. CourtneyReal Estate Law, April 2018To effectively represent clients that buy and sell cooperative apartments, it is crucial for real estate attorneys to be familiar with housing cooperatives and how they work.
Parents are parents, right?By Tamika WalkerFamily Law, June 2018A brief overview of representing a party in a same-sex marriage parenting case by Family Law Section Chair Tamika Walker
Pennsylvania court turns rule of capture on its headBy Craig R. HedinMineral Law, September 2018In April, a Pennsylvania appellate court held that the rule of capture did not apply to a well that was the subject of hydraulic fracturing in Briggs vs. Southwestern Energy Production Company—a holding that casts a chill over the entire industry as a possible harbinger of things to come.
Pension plans, divorce, and participant deathBy Dorothy VoightEmployee Benefits, October 2018An outline of what happens when a pension plan participant dies before his divorce is final.
Perfect timing: The right time to release legal holdsBy Valerie Brummel & Kelly WarnerBench and Bar, July 2018By understanding when litigation holds may safely be released, organizations and individuals can confidently release such holds at the right time to minimize costs and risks.
Personal branding for the female lawyerBy Tracy DouglasWomen and the Law, October 2018An overview of the upcoming CLE program, “Personal Branding for the Female Lawyer."
Personal goodwill: Can we limit the subjectivity?By James Arogeti, Tony Garvy, & Justin PelockFamily Law, April 2018Because goodwill is a catch-all asset, the authors opine that identifiable intangible assets can be identified, valued, and classified as personal or enterprise assets.
Personal injury plaintiff cannot rely solely on expert opinion to create a question of fact on proximate causationBy Stephanie JonesBench and Bar, January 2018Allen v. Cam Girls, LLC d/b/a Jazzercise Glenview, et al. is consistent with the long line of Illinois jurisprudence holding that a personal injury plaintiff bears the burden of proof on proximate causation, and speculation, conjecture, and guesswork are not sufficient to raise genuine issues of material fact on that element.
Perspectives from the bench: Family law mediation 101By Hon. Michelle A. VescogniAlternative Dispute Resolution, June 2018It is the responsibility of a family law practitioner to explain the mediation process to the client and prepare them for mediation prior to the initial mediation session.
Pet custody is coming to Illinois: Who will get Fido in the divorce?By Marie K. SarantakisFamily Law, March 2018Effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage Act nows require state courts to award custody of a marital companion pet after considering what is in the animal’s best interests.
Pet custody is coming to Illinois: Who will get Fido in the divorce?By Marie K. SarantakisAnimal Law, February 2018Six out of every 10 U.S. households own a pet. Almost five out of 10 of married couples file for divorce. Consequently, it should be no surprise that a significant percentage of our population faces legal difficulties as to who will keep the family’s furry child when spouses move in to separate residences.
A petitioner injured on the job with an uninsured employerBy Gina T. PanepintoWorkers’ Compensation Law, December 2018The Injured Workers’ Benefit Fund pays workers’ compensation benefits to Illinois workers whose employers have failed to provide insurance coverage as required by law and have failed to pay the benefits owed to them.
The picture windowBy Justice Michael B. HymanBench and Bar, August 2018Being present in the community and looking out for those we should be helping is part of our calling as lawyers.
“Pomodoro” is a trademark: Consumer perception prevails over dictionary definitionBy Filipe Fonteles CabralIntellectual Property, March 2018Trademark registration for POMODORO (Tomato in English) for tomatoes is upheld in Brazil, with the appellate court explaining since the public perceives the mark as indicating source and not meaning tomato—only 1% of the Brazilian population know the meaning of the Italian word Pomodoro—this foreign language generic term developed court-recognized secondary meaning.
Post-closing issue? Don’t count on the Merger Doctrine to save youBy Daniel A. HuntleyReal Estate Law, November 2018Many clients do not understand, or simply are not aware of, the potential for transaction liabilities to continue after the successful closing of the sale of real estate.
Post-death conservation easements—Another way to save the farm?By Andrew WhiteReal Estate Law, March 2018One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
A preliminary review of the Mandatory Initial Discovery Pilot ProgramBy Mariangela Seale & Sarah FinchBench and Bar, February 2018With over half a year of the pilot program behind us, a review of the nuts and bolts of the MIDPP and a look at its practical application are in order.
Premises liability: Open and obvious claimsBy Brion W. DohertyTort Law, November 2018In cases involving a dangerous condition that is arguably open and obvious, a plaintiff must be able to clearly delineate the circumstances under which the plaintiff encountered the condition in a way that will create a question of fact about whether or not it was reasonable, under the circumstances, to appreciate the dangerous condition.
Preparing for the changes in the new AIA 2017 formsBy Justin L. WeisbergConstruction Law, February 2018After a decade, the AIA released new design and construction contract forms in April 2017. Some of the more notable changes to the AIA construction contract documents are summarized here.
Presentation provides insights into work of psychiatric advanced practice nursesBy Patti A. WernerMental Health Law, June 2018To aid in the understanding of possible changes to the Mental Health and Developmental Disabilities Code, it is important to understand the education, licensing requirements, scope of practice, and day-to-day work of psychiatric mental health nurse practitioners.
Presumptions and powers of attorneyBy Patrick M. KinnallyTrusts and Estates, September 2018In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
