Trust funds are way to set aside money for a specific purpose. Trusts are especially useful for applying money for the benefit of someone who cannot manage the money themselves such as a child. A trust is “an equitable or beneficial right or title to land or other property, held for the beneficiary by another person, in whom resides the legal title or ownership, recognized and enforced by courts of chancery.” Black’s Law Dictionary (10th ed. 2014) The assets held in trust can then be applied for the trust’s special purpose as supervised by the trustee. Illinois divorce courts have the…
Until recently, falsely accusing someone of being gay was considered defamatory per se in New York. Recently however, a New York appellate court broke with decades of precedent in ruling that such a statement no longer constitutes defamation per se. In so ruling the court cited recent transformations in the law and cultural attitudes towards homosexuality as justification for changing the standard as it relates to accusations of being gay. Defamatory statements fall into one of two distinct categories: defamation per se and defamation per quod. When a statement is considered to be defamatory per se, it is considered…
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February is National Teen Dating Violence Awareness Month, which brings to light domestic abuse issues. This past year has been difficult for many people due to the health and economic crisis caused by COVID-19. Unfortunately, this hardship has led to more reports of domestic violence in U.S. households. Spouses or romantic partners who have lost relatives to the virus or who are facing financial crisis due to a job loss may take out their anger and frustrations on each other. Arguments are normal within relationships, but when disputes turn to physical altercations, criminal charges can be filed. In some cases,…
Divorce is the end of a relationship but the relationship is rarely truly over. During a divorce, the marriage is still unwinding as parties arrange schedules with their children, divide assets and debts and arrange for support. During the divorce, the parties may have their own divorce attorneys who communicate with each other regarding the divorce. These divorce lawyers’ communications will be formal, direct and expensive. So, are you allowed to talk with your spouse during an Illinois divorce? Even if you are allowed, should you talk with your spouse during an Illinois divorce? Divorce Lawyers Communicating During…
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I’m always surprised when I encounter litigators who dismiss litigation analytics as a passing fad.  In fact, as shown in the reprint post below, it’s a century-long academic enterprise which has produced many hundreds of studies conclusively proving through tens of thousands of pages of analysis the value of data analytics in better understanding how appellate decisions are actually made.  Here’s the second in our reprint series, both here and at the California blog: The application of data analytic techniques to the study of judicial decision making arguably begins with political scientist Charles Grove Haines’ 1922 article in the Illinois…
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The Illinois Supreme Court Review recently marked its sixth anniversary.  In April, the California Supreme Court Review turns five. So I thought it was time for a first: cross-posted reprints from the earliest days of the blogs.  My early attempts to provide context for the work and to answer the question I often heard in those days: “Interesting, but what difference does it make?” So for the next 2-3 weeks, we’ll be reprinting those context posts – with minimal revisions – both here and at the sister California blog.  For readers who follow both blogs, be warned – the two…
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Many people think assault and battery are one and the same. However, under Illinois law, they are two separate offenses. The crime of assault in Illinois refers to intentional actions that cause a person to feel afraid of impending violence. Battery in Illinois consists of insulting or provoking physical contact, including intentionally pushing or harming someone, such as hitting and injuring them with a dangerous object. Domestic battery is when battery is committed against a family or household member, such as a spouse, intimate romantic partner, or child. If certain conditions are present during the commission of this crime, it…
The answer is yes. Police can stop your car when they have probable cause to believe that a traffic violation has occurred.  Failure to wear a properly adjusted and fastened seat belt can be enough. During any stop, the driver and passengers may be ordered out of the vehicle and questioned without violating the fourth amendment. Any questions need not be related to the purpose of the traffic stop as long as those questions do not prolong the stop.  Police may also frisk everyone to insure there are no weapons. If the stop is prolonged, police then must have a…
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Pharmacies provide a variety of products and services to patients, and they will need to maintain the proper licensing and accreditation to ensure that they can continue operating. Some pharmacies offer products that fall under the category of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS), and to receive payments through Medicare for these products, they will be required to maintain accreditation. Pharmacy owners will need to be sure to understand the requirements that they will need to meet to receive DMEPOS accreditation. Eligibility Requirements Pharmacies will be required to complete the DMEPOS accreditation process through the National Association…
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Contributed by Steven Jados, February 26, 2021 unemployment claim form on desk On February 25, 2021, the U.S. Department of Labor (DOL) announced three new categories of individuals eligible to collect federally-funded unemployment benefits as the COVID-19 Pandemic continues.  They are: Individuals who refuse to return to work that is unsafe or to accept an offer of new work that is unsafe; Certain individuals providing services to educational institutions or educational services agencies; and Individuals experiencing a reduction of hours or a temporary or permanent lay-off. These changes are expected to take effect in late March, but could take…
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Auto accidents are among the leading causes of brain injuries, accounting for approximately 14 percent of all non-fatal concussions and about 26 percent of all brain injury fatalities. At more than 2.5 million cases per year, that “small” percentage equates to thousands of TBI sufferers each year. If you have experienced an auto-accident-related brain injury, a qualified personal injury lawyer can help you understand the risks, and your right to compensation.  Brain Injuries Are Often Serious and Long-Lasting Each year, around 2.5 million people visit the emergency room for a traumatic brain injury (TBI). More than 50,000 of those result…
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As any married individual can attest to, it is not always easy to know when a marriage is truly over. You may be unhappy in your relationship, but you may still have a glimmer of hope that you and your spouse can resolve your differences. However, even if you are not yet ready to pursue a divorce, you will likely still need to address key issues related to your finances and your children. In situations like these, a legal separation may be the right choice. Read on to learn about the purpose of legal separation in Illinois as well…
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The prospect of getting a divorce can be daunting, not only because of the major life changes it will bring, but also because of the many expenses associated with the process. You may be concerned about how the divorce will affect your financial stability, especially if you are ordered to pay spousal support, otherwise known as alimony or maintenance. You should know that an attorney can help you avoid financial hardship related to a spousal support order both during and after the divorce process. Will I Be Ordered to Pay Alimony? Many people are under the assumption that alimony…
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Talking to your partner about creating a prenuptial or postnuptial agreement may feel uncomfortable or unnecessary. However, considering that arguments about finances are one of the strongest predictors of divorce, there is clear value in openly discussing finances with your spouse and creating a mutually beneficial, legally binding document that addresses each spouse’s financial and property interests. If you chose to forgo a prenuptial agreement before getting married, it is important to know that it is not too late to secure the same benefits through a postnuptial agreement. Reasons to Pursue a Postnup in Illinois For many couples, the…
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Divorce is hard, no matter what the circumstances are or how “friendly” the divorce may be. Not only is it the end of a marriage, but the finality often hits home over and over again as discussions and negotiations take place regarding a couple’s assets and debts. Who gets the living room set? Who gets the good china? However, the hardest part about divorce typically involves the couple’s children and how parental responsibilities and parenting time are going to be divided. When You and the Other Parent Cannot Agree In the best cases, parents are able to come to an…
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A personal injury lawsuit can serve two vital functions in an injured person’s life: Holding the liable party responsible for the injury and recovering financial compensation for damages. When we think about personal injury damages, medical bills and immediate costs incurred by the injury usually come to mind. However, these losses often pale in comparison to the long-term costs resulting from the injury. In many catastrophic injury cases, the greatest loss that an injured person suffers is the loss of his or her ability to earn a living. If you or a loved one suffered severe injuries in an incident…