2024 Articles

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.

Unfair service agreements are now considered unenforceable

December
2024
Illinois Law Update
, Page 16
The Illinois General Assembly enacted the Prohibition of Unfair Service Agreements Act. Under the Act, a service agreement is determined to be unfair if performance of some part of the service agreement will not occur within a single year following the creation of the agreement and any of the following three conditions are true...

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.

Unreasonable and reasonable causes outlined for refusing to honor statutory short form power of attorney

November
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Illinois Power of Attorney Act. It is now unreasonable for a third party to refuse to honor a properly executed statutory short form power of attorney (POA) for one or more of the following reasons: it is not on a form the third party prescribes, regardless of any form the terms of any account agreement requires; lapse of time since the execution of the POA; lapse of time between the date of signature of the principal and date of acceptance by the agent; the document does not have an original signature, witness, or notarization, but has a properly executed certification; or the document appoints an entity as an agent.

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.

Updated requirements for estates claiming qualified terminable interest property elections in Illinois

November
2024
Illinois Law Update
, Page 18
Illinois requirements for the Form 700 estate tax returns needed for qualified terminable interest property (QTIP) have been updated. Estates claiming a QTIP election must report the total value of property on the estate tax return and produce a detailed schedule of all property and assets subject to the QTIP election.

Upward Appreciation

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

U.S. Environmental Protection Agency guidelines adopted for water pollution

August
2024
Illinois Law Update
, Page 20
All public and private employers in Illinois, except school districts and park districts, must provide their employees a minimum of one hour paid leave at their regular rate of pay for every 40 hours worked, up to a minimum of 40 hours paid leave per 12-month period. Employers are required to count all time that an employee works, including overtime, for purposes of calculating accrual.

Vacation and expungement of criminal record now available to human trafficking victims

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Identification Act. Trafficking victims may now petition for vacation and expungement of their record in addition to immediate sealing of their record.

The Value of a Life

By Christian Ketter & Jason W. Rose
September
2024
Article
, Page 38
When evidence in a wrongful-death case calls into question the decedent’s character.

Verification affidavits not required to be attached to a verified election contest petition or filed within 30-day filing period

February
2024
Illinois Law Update
, Page 14
On Nov. 16, 2023, the Third District of the Illinois Appellate Court held there is no requirement for verification affidavits to be attached to a verified election contest petition or filed within the 30-day filing period under the Election Code.

Vicarious Trauma in the Legal Profession

By Karen Munoz
March
2024
Article
, Page 34
The often-overlooked issue of vicarious trauma among lawyers representing clients in distressing cases.

Waiver of right to counsel invalid if Illinois Supreme Court Rule 401(a) admonishments not administered at the time of waiver

May
2024
Illinois Law Update
, Page 16
On Feb. 5, 2024, the Second District of the Illinois Appellate Court held that Illinois Supreme Court Rule 401(a) admonishments must be administered when a trial court learns the defendant is waiving their right to counsel.

Walking Into the Lion’s Den

By Joe Scally
September
2024
Column
, Page 48
Understanding our fears begins with facing them.

Was Counterman Counterproductive?

By Jesse P. Hodierne
July
2024
Article
, Page 32
The impact in Illinois of the U.S. Supreme Court’s ruling in Counterman v. Colorado, and the overall tension between protecting free speech and protecting victims of stalking and abuse.  

Water-related loan programs aligned with federal programs 

June
2024
Illinois Law Update
, Page 16
The Illinois Environmental Protection Agency adopted amendments to its Water Pollution Control Program and Water Supply Loan Program to align the programs with the federal Clean Water Act and Build America Buy America Act (BABA Act).

What I Learned From Teaching Trial Advocacy: The Closing Argument

By Gino L. DiVito
February
2024
Article
, Page 36
Part Five of a five-part series.

What I Learned From Teaching Trial Advocacy: The Cross-Examination

By Gino L. DiVito
January
2024
Article
, Page 28
Part Four of a five-part series.

When a creditor does not have actual notice of their debtor fraudulently transferring real property, the statute of limitations under the Uniform Fraudulent Transfer Act accrues when the deed is recorded

October
2024
Illinois Law Update
, Page 16
On June 14, 2024, the First District of the Illinois Appellate Court held that, in cases where a creditor does not have actual notice of their debtor fraudulently transferring real property, the statute of limitations under the Uniform Fraudulent Transfer Act (UFTA) accrues when the deed is recorded.

Where’s the Video?

By Charles Golaszewski
May
2024
Article
, Page 24
Advice for prosecutors and defense attorneys when video evidence never existed or was never obtained.

Who’s To Blame?

By Amelia Buragas
April
2024
LawPulse
, Page 10
When parents are charged and tried for their children’s crimes.

A Win-Win

By John L. Nisivaco
October
2024
Column
, Page 46
The Illinois Bar Foundation’s programs benefit the recipients and the lawyers and law students who participate.

Word and Excel Online

By Jeffrey S. Krause
October
2024
Column
, Page 38
How to avoid headaches and collaborate effectively with these robust apps.