Articles From 2023

Strike Two: Court Again Invalidates No Surprises Procedure By D. Finn Pressly & Edward I. Leeds Corporate Law Departments, March 2023 For a second time, the U.S. District Court in the Eastern District of Texas has struck down a key provision in the regulations that set forth the dispute resolution procedures under the No Surprises rules.
Summary of Kennedy v. Bremerton School District (2022) By Cindy G. Buys Human and Civil Rights, May 2023 A summary and analysis of Kennedy v. Bremerton School District, in which the U.S. Supreme Court held in a 6-3 opinion that the government may not suppress an individual from engaging in personal religious observance.
A Summary of the Illinois Property Tax Appeal Board’s Mandatory E-filing and Standing Order No. 2 By Mary T. Nicolau State and Local Taxation, March 2023 The Illinois Property Tax Appeal Board has recently introduced a new e-filing portal and the Illinois Administrative Code was amended to mandate e-filing of appeals by attorneys.
A Summary of the Trusts & Estates Section Council’s April 28, 2023, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, June 2023 A summary of the April Trusts & Estates Section Council business meeting.
A Summary of the Trusts & Estates Section Council’s Dec. 9, 2022, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, March 2023 A summary of the December 9, 2022, Trusts & Estates Section Council meeting.
A Summary of the Trusts & Estates Section Council’s Feb. 10, 2023, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, May 2023 A summary of the ISBA Trusts & Estates Section Council's Feb. 10 meeting.
A Summary of the Trusts & Estates Section Council’s June 8, 2023, Business Meeting By Jennifer Bunker Skerston Trusts and Estates, October 2023 A summary of the June 2023 Trusts & Estates Section Council's business meeting.
A Summary of the Trusts & Estates Section Council’s September 9, 2022 Business Meeting By Jennifer Bunker Skerston Trusts and Estates, January 2023 A summary of the September 9, 2022, ISBA Trusts & Estate Section Council meeting.
Supreme Court Affirms That Annexation Agreements Run With Land After Subdivision and Splitting of Ownership By Michael J. Smoron Local Government Law, July 2023 In Village of Kirkland v. Kirkland Properties Holdings Company, LLC I, et al., the Illinois Supreme Court analyzed section 11-15.1-4 of the Illinois Municipal Code.
Supreme Court Immigration Run Down By Angela Peters & Carlos Cisneros-Vilchis Diversity Leadership Council, June 2023 Summaries of recent U.S. Supreme Court cases impacting the areas of immigration, immigration enforcement, and national security.
The Supreme Court Redefines the Religious Accommodation Obligation for Employers By Fiona W. Ong & Elizabeth Torphy-Donzella Labor and Employment Law, September 2023 On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial.
Supreme Court Rules High Earning Professionals Are Not Overtime-Exempt if Paid Hourly By Kenneth Kirschner, Zachary Siegel, & Heather McAdams Labor and Employment Law, July 2023 In Helix Energy Solutions Group, Inc. v. Hewitt, the U.S. Supreme Court provided important guidance for employers with high earning employees.
Symptoms of the Great Resignation: Best Practices for Claims and Litigation With Key Trial Witnesses Who Are Former Employees By Bill Toliopoulos & Mark Noth Construction Law, August 2023 Construction stakeholders and their lawyers must overcome significant hurdles when their key witnesses are former employees. However, by understanding the applicable rules and maintaining well-crafted employee handbooks, employee agreements, and litigation consulting agreements, they can overcome these hurdles and put themselves in the best position to tell a winning story.
Taking a Bit of the ‘Practice’ Out of Your Practice By Marcos A. Resendiz Workers’ Compensation Law, September 2023 A snapshot of ISBA's member benefits.
Targeted: The Transportation Industry and Illinois’ Wrongful Death Act By Mallory Sanzeri Energy, Utilities, Telecommunications, and Transportation, September 2023 On August 11, 2023, Gov. J.B. Pritzker signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions.
Tax Buyer’s Sale in Error Reversed: In re Application of County Treasurer (Wheeler Financial, Inc.) By Timothy E. Moran State and Local Taxation, January 2023 A summary and analysis of In re Application of County Treasurer (Wheeler Financial, Inc.).
Tax Deed Order Upheld: In re Application of County Treasurer (DJJ Investments, LLC v. Neldava, LLC) By Lynnette Lockwitz State and Local Taxation, August 2023 A summary and analysis of a case involving a petition to void a tax deed.
A Tax Sale May Violate the Taking Clause of the U.S. Constitution: A Review of the U.S. Supreme Court’s Decision in Tyler v. Hennepin County, Minnesota By Thomas Battista State and Local Taxation, July 2023 The U.S. Supreme Court released a decision in late May 2023 regarding the seizure and sale of a residential condo unit in Minnesota based on unpaid property taxes.
Technology and the ADA By Ethel Spyratos Legal Technology, Standing Committee on, February 2023 Title III of the Americans with Disabilities Act of 1990 prohibits discrimination based on disability in places of public accommodation, but doesn't directly address whether places of public accommodation include websites. 
Termination of Maintenance Based on Cohabitation: Intimate Dating Relationship or De Facto Marriage? By Michelle Lawless Family Law, September 2023 The appellate court recently addressed the issue of termination of maintenance due to cohabitation or continuing conjugal basis in In re the Marriage of Edson.
Thank You & Welcome Real Estate Law, June 2023 A thank you to the outgoing chair and warm welcoming to the incoming chair.
‘That Case’ By Dr. Jacey Keeney & Margie Komes Putzler Women and the Law, February 2023 Strategies for managing anxiety and emotional distress.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Senior Lawyers, June 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
This One Is Not a ‘Taking’ Says the Seventh Circuit By Michael J. Rooney Real Estate Law, February 2023 A review of a recent case where the appellate court affirmed a district court dismissal of a claim that the government had “taken” plaintiffs’ property rights when it granted building permits for a residential development in a flood plain.
The Three C’s When Dealing With Professionalism Issues: Calm, Cool, and Collected By Kayla M. Hickey Young Lawyers Division, February 2023 Cook County Circuit Court's local rule regarding civility may serve as a mdoel for every circuit court in Illinois.
Time to Review Your Severance Arrangements and Settlement Agreements By Alan M. Kaplan Business Advice and Financial Planning, June 2023 A summary and analysis fo the recent National Labor Relations Board decision McLaren Macomb.
Timing Is Everything: Setting the Date for Valuation of Marital Property By Judd Fineberg Family Law, January 2023 A look at how courts are using their discretion to set a valuation date for marital assets.
Tips for Effective Brief Writing By Judith Conway Tort Law, April 2023 Five tips to improve your legal writing.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Civil Practice and Procedure, December 2023 A checklist of the steps needed to pursue electronic service in Illinois courts.
To Be or Not To Be: The Illinois Series LLC as a Separate Legal Entity By Tracy J. Nugent Business Advice and Financial Planning, June 2023 A discussion on the relationship between an Illinois series LLC and the parent LLC through which it is formed.