Bench & Bar

The newsletter of the ISBA’s Bench & Bar Section

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2020 Articles

Appointing a GAL? The Language You Use Is Important! By Hon. Donald Bernardi, (ret.) October 2020 A recent Illinois Supreme Court case suggests that both judges and practitioners ought to pay careful attention to the purpose of guardian ad litem appointment.
The Case for Civility: My Perspective By Robert Fioretti January 2020 Three lessons in civility that you can learn in the courtroom.
1 comment (Most recent January 16, 2020)
Chicken Dinner Warrants Recusal? Not So Fast! By David W. Inlander & Ronald D. Menna, Jr. March 2020 An analysis of judicial recusal.
Civility, Sincerity, and Other Compelling Negotiation Concepts: Tips From an American President By Edward Casmere October 2020 Kennedy’s inaugural address as president of the United States in 1961 provided a number of timeless insights on negotiation.
The Development of Qualified Immunity, How It Has Shielded Unprecedented Police Misconduct, and What Lies Ahead By Valerie Brummel June 2020 The recent death of George Floyd has sparked renewed advocacy for changes to laws that hinder the ability of victims of police misconduct to recover damages in civil lawsuits—most notably, the doctrine of qualified immunity.
Does Allowing Employees to Work From Home Put Corporations at Risk of Expanding Where They Can Be Properly Sued Under Illinois’ Venue Statute? The Illinois Supreme Court Weighs In By Edward Casmere & Brian O’Connor Watson November 2020 Last month, the Illinois Supreme Court determined whether an employee’s home office establish residency of their corporate employer for determining proper venue.
Expectations vs. Reality: Perspectives From a Summer Extern on the Strange Summer of 2020 By Lauren Eiten September 2020 The summer of 2020 has not gone as planned for anyone, summer externs included.
From Crisis to Crisis: The CFPB’s COVID-19 Mortgage Regulation By Joshua L. Roquemore & Rodney Perry November 2020 The Consumer Financial Protection Bureau, established on the heels of the Great Recession, is poised to lead the regulatory charge of mortgage forbearance as a result of COVID-19.
If Not Section 137 Pleadings, How About Incivility Toward a Party? By Hon. Steve Pacey, (ret.) June 2020 A look at whether there is a case to be made that some pleadings are not very civil even if they fo not rise to the Rule 137 level.
Illinois ARDC Statement on Racism July 2020 A statement from the Illinois Attorney Registration and Disciplinary Commission regarding its commitment to addressing injustice.
Illinois Supreme Court Clarifies Legal Standard in Asbestos Civil Conspiracy Litigation By Jeffrey Gordon January 2020 A summary of the Illinois Supreme Court ruling in John Jones v. Pneumo Abex LLC et al.
Illinois Supreme Court Reaffirms Common Law Rule of Successor Nonliability By Joshua D. Lee October 2020 The Illinois Supreme Court’s recent decision in Department of Human Rights v. Oakridge Healthcare Center, LLC reaffirms that the common law rule of successor nonliability controls in Illinois.
Illinois Supreme Court Sculpts the Edges of the Collateral Source Rule in Class Action Economic Loss Case By Edward Casmere June 2020 The Illinois Supreme Court recently solidified the boundaries of the economic loss doctrine and the collateral source rule in a class action case asserting a civil conspiracy claim.
The Illinois Two-Step: The Forbidden Dance? By Michael G. Cortina May 2020 When there is a dispute as to the validity of a mortgage and the mortgagee wants to foreclose, some lawyers may consider filing declaratory judgment actions that seek a declaration that the mortgage is valid so that they can later file another action to foreclose the judicially-declared valid mortgage—but this is against the spirit of Illinois mortgage foreclosure law and may violate the tenets of res judicata.
In Recognition of Illinois Supreme Court Chief Justice Anne Burke By Neil Hartigan January 2020 A spotlight on Illinois Supreme Court Chief Justice Anne Burke.
Lessons From Facebook’s Record $550 Million Biometric Settlement By Nick Kahlon & Eli Litoff March 2020 On January 29, 2020, Facebook, Inc. agreed to pay over half a billion dollars to settle claims that it violated the Illinois Biometric Information Privacy Act by using facial recognition software to help users “tag” their friends in photographs.
Let’s Talk About ‘Sex’: SCOTUS Delivers Title VII Landmark Ruling By Azar Alexander & Joy Anderson July 2020 On June 15, the United State Supreme Court directly and unequivocally answered the question of whether an employer can terminate an employee for their sexual orientation and/or gender identity.
Litigants Unsuccessful in Invoking European Union’s Data Protection Regulation to Prohibit U.S. Discovery By Brittney L. Denley July 2020 Several recent U.S. cases have affirmed that the General Data Protection Regulation will not provide a safe harbor in which parties may seek refuge from U.S. litigation discovery obligations.
Obscure New Jersey ‘Treatment’ Facility Has a Higher COVID-19 Death Rate Than Any Prison in the Country By Jordan Michael Smith July 2020 The detainees already completed their criminal sentences—but they are prevented from leaving for years. And with the coronavirus spreading, their lives are at risk.
The Other Pandemic By Justice Michael B. Hyman June 2020 Lawyers are perfectly suited to find ways to dismantle systemic barriers, to promote inclusivity and diversity, to combat overt or explicit bias, to advocate for a legal system accessible to all, and to illuminate the nature of unconscious bias and address its root causes.
1 comment (Most recent July 15, 2020)
Recent Appointments and Retirements November 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements October 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements September 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements July 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements June 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements May 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements March 2020 Recent changes to Illinois' judiciary.
Recent Appointments and Retirements January 2020 Recent changes to Illinois' judiciary.
Reflections on Ethics, Morality, and Codes of Personal Conduct By J.D. Jordan & Judge Michael S. Jordan, (ret.) March 2020 A reflection on morals and ethics.
The Right of Confrontation: A Concept for the Ages By Hon. Jesse G. Reyes June 2020 With non-traditional avenues of providing justice on the rise, the question then becomes: Can trials be constitutionally conducted over remote video conferencing platforms where the participants will not be face-to-face?