Illinois Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Illinois
May 20, 2013 By Neil H. Good, Attorney at Law
How to get Social Security Benefits and the Application Process to do so
May 17, 2013 By Law Offices of Michael J. Brennan
Pursuant to the Illinois Driver License Compact (625 ILCS 5/6-700), the ‘home state’ of a driving license holder is the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
Event Data Recorders: Proper Evidence Collection in Criminal, Insurance and Tort Liability Investigations
February 12, 2013 By Crash Data Services, LLC
The use of Event Data Recorders (EDRs), also referred to as vehicle black boxes, in traffic accident reconstruction and vehicular fraud investigations has become increasingly common over the last few years. However, many law enforcement officers, insurance professionals and experts witnesses have failed to adopt a standardized set of practices toward preserving this crucial evidence. This article address the potential pitfalls of following sub-standard evidentiary practices.
January 28, 2013 By Law Offices of Michael J. Brennan
Yesterday, Governor Pat Quinn signed Senate Bill 957 into law, a bill that would allow approximately 250,000 undocumented immigrants to get temporary driver's licenses (TVDL's).
December 5, 2012 By Law Offices of Barry G. Doyle, P.C.
Nursing home neglect can lead to bedrail entrapment, serious injury, and death to nursing home residents that are confined to a bed.
December 5, 2012 By Nash Nash Bean & Ford, LLP
There are many things in life that people try to get cheaply. It's often understandable and wise. For example, the company that makes the grocery store brand pasta is probably the same company that makes the more expensive brand name pasta.
November 15, 2012 By Ellsworth Law Group
Many Americans live in fear that the dreaded IRS man will come knocking with in-home income tax audits. The truth of the matter is that the auditing process usually begins with a letter or a phone call that you must respond to.
November 15, 2012 By Ellsworth Law Group
Income tax return preparers may be subject to a number of general penalty provisions as well as specific preparer penalties aimed directly at them. Beware getting yourself into a position of having overstated deduction areas repeatedly. You can lose your right to prepare returns if you do.
October 29, 2012 By Law Offices of R. F. Wittmeyer, Ltd.
While traffic accidents are not what people dream of getting into, unfortunately they still occur. Because accidents happen to drivers of all ages and experience levels, it is important for all motor vehicle operators to know what to do in case they are involved in an accident. Below are some steps a driver should take if they are involved in a motor vehicle accident.
There is an old Internet meme that shows a picture of a man looking at a computer while a woman stands in a doorway behind him The picture is captioned with some way of stating that the man cannot go to bed because he has to stay on the Internet because someone on the Internet is wrong.
Forgive me, ladies, but this is a post for the men in the audience. You can read it, but it is not for you. This post is for men who spend any time with other men. It does not take long if you get a group of men together that the conversation turns to what it means to be a real man. It really doesn't.
Most people do just about everything they can legally do to get as much money as they possibly can. This makes it amazing when someone appears to go out of their way to not get virtually free money. For example people have been known to not show up to claim inheritances for no reason. It happened recently.
Have you ever purchased a one size fits all T-shirt? I'm not sure why companies make these things. They don't actually fit anyone. They are always too large or too small for any particular person. If you have made the mistake of buying one of these things, it’s a mistake you are not likely to make again.
October 23, 2012 By Law Office of Al Beaudreau, Ltd.
Older Americans often use reverse mortgages to buy long-term care insurance, pay for medical treatments, finance home improvements or supplement income. There are different types of reverse mortgage available and only people who are 62 or older will qualify. Just because you may qualify, however, does not mean that you should be considering a reverse mortgage.
October 16, 2012 By Ellsworth Law Group
There are lots and lots of offer in compromise companies advertising to get your money and in return have you pay “pennies on the dollar” to resolve your tax liability. This post reviews the real facts underlying how the offer in compromise process really works. First we’ll take a look at getting your offer in compromise based on economic hardship. We’ll examine just what this means in the offer in compromise arena.
Illinois DUI Laws and Penalties - 2013 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.
Illinois DUI Penalties - 2012 - First Offense • Class A Misdemeanor • Court Supervision up to 2 years • DUI Tech Fee $750.00 (P.A. Act 96-1342 eff. 1-1-11) • $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) • Fines of $0-$2,500.00 and • BAC > .16 or greater.
P.A. 97-466, eff. 1-1-12 Short Description: School Bus Driver and Alcohol Testing · Amends 625 ILCS 5/6-106.1; adds 625 ILCS 5/6-106.1c new - · Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver's license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours...
A non-wage levy seizes the taxpayer’s right, title and interest to all property that is in the possession of the levied party (the person or company holding your property for you) at the time the levy is served. It seizes no more and no less. The exemptions from levy are few and meager, but they exist and consist of the first (sometimes the last) line of defense against the levy.
The wise taxpayer will always ask his or her tax lawyer or tax audit representative in cases like tax audit cases first about the statute of limitations in the case. At its simplest, a statute of limitations is just what it says–a limit on the amount of time the IRS has to perform a particular task, like audit taxes or collect taxes. And, it is set by statute, hence “statute of limitations.”
Wage levies are vicious collection devices used by the IRS to get your attention. A wage garnishment can take up to 85% of your gross pay, leaving you with nowhere to sleep but the street. In most cases our immediate goal is to remove the levy. In the case of a wage levy, Revenue Officers or ACS often (but not always) release wage levies upon request of an authorized representative.
September 6, 2012 By Law Offices of Barry G. Doyle, P.C.
Often, people have not filed a formal nursing home complaint simply because they are unsure how or unaware that they can. A nursing home complaint can be filed when the negligence, misconduct, or abuse of a nursing home facility or caregiver causes you or your loved one to suffer. Filing a complaint should lead to an investigation into the facility.
August 15, 2012 By Foutris Law Office, Ltd.
Probable cause is necessary in an arrest and conviction, keeping law enforcement accountable and unable to arrest just anyone. Regardless of this restriction, many people are wrongfully taken into custody and some of them even found guilty.
July 29, 2012 By Law Offices of R. F. Wittmeyer, Ltd.
As the summer winds down, it is important to stay safe on the water. Remember to follow the law and do not drink alcohol and operate a vessel, because just like driving under the influence, boating under the influence is illegal. Individuals are not allowed to operate a vessel while under the influence of alcohol or drugs.
Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the types of damages that are limited. For instance, California limits non-compensatory damages at $250,000, while Nebraska limits total damages at $1.75 million.
A nationwide listeria outbreak in contaminated cantaloupe has gripped the country. Claiming 29 lives, the cantaloupe listeria outbreak is among the deadliest food poisoning outbreaks since 1924.Â Thousands of pounds of Jensen Farms and Carol’s Cuts cantaloupes have been recalled due to concerns about listeria contamination.
Veterans and military personnel face a number of issues when returning to civilian life.
Congress is currently considering draft legislation that would prohibit the National Labor Relations Board (NRLB) from ordering any employer to close, relocate, or transfer employment under any circumstance. The legislation would effectively prevent the NLRB from restricting where an employer can create jobs in the United States. The bill passed the House of Representatives on September 15, 2011 by a vote of 138-186. The legislation is currently pending before the Senate.
A $5 million wrongful death lawsuit has been filed against the federal government by the widow of a man mauled by a grizzly bear in Yellowstone National Park in June.
Reebok International has agreed to pay a $25 million fine to settle charges of false advertising stemming from claims that its toning shoes provide extra muscle strength to wearers, according to the Federal Trade Commission (FTC). The settlement funds will be used to provide consumer refunds, which will be made available either directly from the FTC or through a court-approved class action lawsuit.
Pfizer has agreed to pay $14.5 million to settle a lawsuit alleging that it violated the False Claims Act by improperly marketing its prescription drugs Detrol and Detrol LA.
Spin Master, a Canadian toy manufacturer, has agreed to pay $1.3 million to settle claims with the U.S. Consumer Product Safety Commission (CPSC) regarding the import and sale of Aqua Dots, which is a banned hazardous substance. Aqua Dots are popular colored arts and crafts beads that stick together when sprayed with water to form various designs and shapes.
Did the NCAA fail to protect student-athletes from concussions and their repercussions?
The United States Court of Appeals for the Seventh Circuit recently considered whether a plaintiff in a products liability case had met his burden on a summary judgment motion in Bielskis v. Louisville Ladder Inc., 2011 WL 5829771.
Workers’ Compensation Lawyer Discusses How Illinois Workers’ Compensation Act Changes Affects Employees
Interview with Howard Ankin – Ankin Law Office
A few laws that went into effect this past year. The Illinois legislature changed the crosswalk law so that drivers must stop and stay stoppedť when pedestrians are crossing the street. You can't just yield to them, you must STOP! In late June, Gov. Pat Quinn signed into effect a law that requires back seat passengers to wear seat belts. The police can now stop vehicles if they notice a passenger isn’t strapped in.
Most people feel that if they are in an auto accident, simply hire an attorney and go to trial. What they don't understand is the logistics that it takes to go to trial. First, the court assigns the trial date; that date is dependent upon courts schedule, as well as the caseload of the prosecuting attorney. Second, the evidence needs to be entered into trial. Third, the discovery phase of litigation can be time consuming.
Last week, the National Transportation Safety Board issued a press release detailing its plans to move forward with the implementation of a nationwide ban on the nonemergency use of portable electronic devices (PED) while driving a car.
The roads can be dangerous, especially during the holiday season where there are more travelers than normal. Anything that can be done to decrease the number of serious injuries from car accidents on our nation’s highways is a good thing. That’s why we occasionally highlight new safety features in cars–because they really can make a difference.
Most would agree that hybrid cars are better for the environment than traditional gas guzzling vehicles. And, hybrid cars are better for your wallet, too, since these vehicles use less gas. But, did you know that hybrid cars might offer safety benefits as well?
Turn on the TV and it is not hard to hear about the child molestation accusations that were made against Jerry Sandusky in the last two months. If you are like me it is difficult to wrap your mind around the possibility of a coach molesting children, especially someone in a mentoring role.
In 2012, more than 200 new laws will go into effect in Illinois including a database of first-degree murderers, stricter seat-belt enforcement and legislation that gives the public greater access to government information. To see all of the laws http://bit.ly/tMq23a
While industrial jobs are hard to find in this economy, service-based roles have increased, causing more employees to suffer from Carpal Tunnel Syndrome, a painful disorder that is discomforting and sometimes there can be numbness of the hands.
The Chicago Tribune recently reported on a lawsuit arising from a bizarre set of circumstances, but which raised an interesting legal issue. The facts in the case, Zokhrabov v. Jeung-Hee Park. (2011 WL 6823803), are decidedly gory and tragic.
Whether women are more likely to be injured in the event of a motor vehicle accident is up for debate, although the results of a recent study tend to support that conclusion. As reported at the Huffington Post, according to a study published just a few months ago in the American Journal of Public Health, women are more likely to be seriously injured in car accidents.
We’re all familiar with motor vehicle recalls. They happen all the time. Whether you hear about it in the news or receive a letter from the manufacturer, we’ve owned cars that have been recalled at one point or another.
Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving into a new apartment? The relationship between a landlord and renter is based on trust and respect. Yet many people feel that their landlord took too long to fix something in their unit or that they have been scammed out of their security deposit at the end of the lease.
The H-1B visa program, which enables domestic employers to hire foreign workers in certain specialty occupations (especially in science, technology and highly-skilled fields) has long been popular among employers, but demand for H-1B workers has been particularly strong this year.
The U.S. Citizenship and Immigration Services (the “USCIS”) has received an extraordinary volume of I-129 petitions (relating to non-immigrant workers) this year, and as a result, the USCIS has acknowledged that many petitioners are not promptly receiving notices of receipt of their petitions.
Pursuant to executive order signed by President Obama, the Department of Homeland Security has announced this week that it will defer any administrative action or deportation proceedings against certain eligible immigrants who arrived in this country as children.