Section Newsletters

Articles From 2023

An Overview of the Illinois Electric Vehicle Charging Act By Nicky Sonntag Real Estate Law, September 2023 Thanks to the recently enacted Electric Vehicle Charging Act, owners and tenants of residences in certain types of residential buildings constructed after January 1, 2024, will have the right to install and use charging equipment for electric vehicles if certain conditions are met. 
‘Parking Lot Exception’ Secures Favorable Compensability Finding for Claimant By Nathan Lanter Workers’ Compensation Law, July 2023 Flossmoor School District #161 v. Illinois Workers’ Compensation Comm’n applies the “parking lot exception” to the “arising out of the employment” analysis in confirming a favorable Commission determination of compensability.
Personal Injury & Workers’ Compensation Claims in Illinois Divorces Part 2 By Stephanie L. Tang Family Law, April 2023 A note from the chair.
Personal Injury Plaintiff Fails to Disclose Lawsuit in Chapter 13 Bankruptcy Petition By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2023 A summary and analysis of Duniver v. Clark Material Handling Co., et al.
Personal Jurisdiction Remains a Fact-Intensive Inquiry By George Bellas & Kasey Hughes Civil Practice and Procedure, July 2023 The U.S. Supreme Court has created another level of uncertainty with a ruling that changes the landscape for establishing personal jurisdiction in Mallory v. Norfolk Southern R. Co.
Please Meet the ISBA’s Food Law Section Council Member Elaine Vorberg of McCarthy Duffy LLP By Angela Peters Food Law, October 2023 McCarthy Duffy LLP’s Food and Beverage Industry Practice provides day-to-day legal support and complex transaction management for numerous high-growth food and beverage companies, from the founding stage through private equity and venture capital investment to acquisition.
Police Have No Obligation to Protect Participants in a Gunfight, Even if the Battle Occurs in View of the Courthouse By Yordana Wysocki Local Government Law, October 2023 A summary and analysis of Andrade v. City of Kankakee.
The Positives of My Brain Tumor Diagnosis By Natali Thomas Young Lawyers Division, February 2023 Positive lessons learned from a difficult experience.
Postjudgment—Appellate Traps and Checklists By Carl R. Draper General Practice, Solo, and Small Firm, May 2023 It is important for attorneys involved in civil litigation to know and properly evaluate the options for review and remedies for correcting an adverse decision.
Power of Attorney Act Modified to Allow Action for Denial of Visitation By William A. Price General Practice, Solo, and Small Firm, November 2023 Governor Pritzker signed SB 55 into law as Public Act 103-055, amending the Illinois Power of Attorney Act.
The Power of Persistence By Susan M. Goldberg Diversity Leadership Council, June 2023 The ISBA’s International and Immigration Law Section Council was an agent of change at the ISBA Midyear Meeting in Chicago.
Practice Notes By Michael J. Maslanka Real Estate Law, December 2023 Two brief caselaw summaries of interest to real estate law practitioners.
Practice Tip Real Estate Law, July 2023 A practice tip for real estate practitioners.
Practitioner Reminder: Illinois Housing Development Authority’s New Homebuyer Assistance Program By Nicky Sonntag Real Estate Law, July 2023 The Illinois Housing Development Authority has a new homebuyer assistance program offering a flat $10,000 towards a qualifying borrower's home purchase.
Practitioner Reminder: Publication of the Federal Reserve Board’s Final Rule on LIBOR Benchmark Replacements By Nicky Sonntag Real Estate Law, February 2023 The London Interbank Offered Rate—used in consumer and business loans, bonds, securitizations, and nonfinancial corporate contracts as a benchmark interest rate in financial transactions—is being discontinued.
Practitioner Reminder: Updated Guidance for Section 8 Project-Based Rental Assistance Program By Nicky Sonntag Real Estate Law, April 2023 The U.S. Department of Housing and Urban Development’s Office of Multifamily Housing Programs has published updated guidance for owners of properties participating in its Section 8 Project-Based Rental Assistance Program.
Pre-Trial Fairness Act: Elimination of Cash Bail Held in Abeyance By Julia Kaye Wykoff Criminal Justice, February 2023 The most controversial component of the Pretrial Fairness Act, eliminating cash bail, was scheduled to become effective on January 1, 2023—however, it was declared unconstitutional in the weeks leading up to the effective date.
Preferential Treatment at Harvard By Madonna T. Lechner Law Related Education for the Public, August 2023 In July 2023, the Chica Project, African Community Economic Development of New England, and Greater Boston Latino Network filed a complaint  with the U.S. Department of Education alleging that Harvard University violated Title VI of the Civil Rights Act of 1964.
A Preferred Path to a Profession as a Legal Practitioner By Daniel A. Silver, J.D. Law Related Education for the Public, November 2023 A perspective on the preferred path from high school to the substantially wide array of career choices in the legal field.
Prejudgment Interest Statute Withstands Constitutional Challenges in the Appellate Court By David Handley & Jeffrey Eippert Civil Practice and Procedure, October 2023 The Illinois Prejudgment Interest Statute has withstood its first round of constitutional challenges in the appellate court in Cotton v. Coccaro and First Midwest Bank v. Rossi.
Premises Liability: Tort Liability of Installer By Brion W. Doherty Tort Law, February 2023 From time to time, a person or company that installs products at a premises will install them in a form or fashion that renders the premises dangerous.
Preserving Mechanic’s Lien Rights During a Construction Arbitration By Adam Whiteman Construction Law, March 2023 If you represent a contractor involved in an arbitration relating to payment issues, don’t forget to take the appropriate steps to perfect your lien.
President’s Message: DLC Leaders’ Work at Forefront of ISBA’s DEI Efforts By Rory T. Weiler Diversity Leadership Council, June 2023 A note from the outgoing president, Rory T. Weiler, on the progress of the Diversity Leadership Council.
Pretrial Fairness Act in Appellate Practice By Julia Kaye Wykoff Criminal Justice, August 2023 An overview of Pretrial Fairness Act appeals.
1 comment (Most recent August 15, 2023)
A Primer on Auto Liability Coverage for Permissive Users By James Nyeste Insurance Law, March 2023 A common situation encountered by tort lawyers is the auto accident caused by a negligent driver who was not the named insured on the liability insurance policy covering the vehicle, resulting in injuries to third parties.
A Primer on Mineral Interests in Illinois Real Estate By Joe Kusmierczak Trusts and Estates, August 2023 Owners and practitioners should take great care when drafting instruments purporting to convey or reserve an interest in minerals.
Private Health Insurance—State and Federal Oversight of Provider Networks Varies Health Care Law, March 2023 A summary of a Government Accountability Office report from December 2022.
Private Property? Just Admit It: Request to Admit in Rescission Hearings By Ted Hammel, Terrence Wallace, & Kristen Messamore Traffic Laws and Courts, February 2023 In a summary suspension hearing, the defendant can challenge whether the arresting officer had reasonable grounds to believe that the defendant was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol.
Probable Cause Following Legalization of Cannabis Revisited By Jessica Koester Criminal Justice, February 2023 The court recently considered whether the odor of cannabis is probable cause to search a vehicle in People v. Redmond.
Probable Cause for DUI Arrest By James Stern Traffic Laws and Courts, February 2023 People v. Workheiser reviews the factors to establish probable cause for a DUI arrest.