Friday, January 27, 2023

Article: The More the Merrier? Issues Arising from Co-Trustees Administering Trusts

David Johnson (Winstead PC) recently published an article, The More the Merrier? Issues Arising from Co-Trustees Administering Trusts, 15 Estate Planning Journal, 2023. Provided below is an introduction to the Article:
Settlors can draft a trust to have one trustee that has the sole authority and power to administer the trust. However, settlors can, and often do, require or allow a trust to be administered by co-trustees. Co-trustees generally have equal rights to administer the trust and should administer the trust in…
Continue Reading Article: The More the Merrier? Issues Arising from Co-Trustees Administering Trusts

Your spinal cord is an important part of your body. It sends signals from your brain to the rest of your body. 
If the spinal cord is damaged, serious health issues may arise. Spinal cord injuries are often devastating and can change your life and the life of your family forever. If you are paralyzed in an accident, your ability to live a normal life, like you once knew, is stripped away. Unfortunately, paralysis can occur in multiple accident situations. 
A common accident that leads to paralysis is auto collisions. However, a slip and fall can have the same devastating…
Continue Reading The Long-Term Burden of Paralysis After an Accident 

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Brake checking, or suddenly braking when there is a car behind you, is illegal in most jurisdictions in North America. The act can cause considerable damage and put drivers at risk for serious injury or death.
It can also lead to severe legal penalties in certain areas, such as fines, jail time, and license suspension. People must be aware that brake-checking another driver is against the law and can have serious consequences if caught doing it.
Brake checking is illegal in many states as it can contribute to accidents.
Continue reading ›
Continue Reading Is Brake Checking Illegal?

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One major misunderstanding about personal injury lawsuits is that the issue of fault is usually cut and dry. In reality, determining who is to blame for an injury-causing incident is often the hardest and most time-consuming part of an injury suit. Sometimes, the person at fault for an accident is obvious. However, many personal injury suits involve situations in which several parties share fault for the injury-causing accident. Fortunately, you can still receive compensation for your damages even if you were partially at fault for them. Doing so, however, requires an understanding of Illinois’ “comparative negligence” laws.
Modified Comparative Negligence…
Continue Reading Can I Collect Compensation for a Car Accident If Was Partly At Fault?

Grace Instrument Industries, LLC v. Chandler Instruments Co., LLC and Ametek, Inc.

Docket No. 2021-2370 (https://cafc.uscourts.gov/opinions-orders/21-2370.OPINION.1-12-2023_2062188.pdf)

CHEN, CUNNINGHAM, STARK

January 12, 2023

Brief Summary:   DC indefiniteness determination of “enlarged chamber” vacated and remanded while construction of “means for driving” a rotor limitation affirmed.

Summary:  Grace appealed a DC claim construction order the found the term “enlarged chamber” indefinite and its construction of “means for driving said rotor to rotate located in at least one bottom section” of US 7,412,877 relating to pressurized devices and viscometers for oil well drilling rigs.  As a result of the DC findings,…
Continue Reading DC indefiniteness finding vacated and remanded, while “means”-related claim construction finding affirmed, each based on the intrinsic evidence

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In Illinois and throughout the country, same-sex couples now have the right to marry, and with that comes the right to adopt or raise a child together. However, this also means that should these couples choose to separate or divorce, they can face complex child custody disputes.
If you are an LGBT parent facing a child custody dispute, it is important to understand your rights under the law. In Illinois, parents have equal rights when it comes to making decisions about their children’s upbringing—regardless of their sexual orientation or gender identity. This blog post will explain the legal framework surrounding…
Continue Reading Navigating Child Custody Disputes Involving LGBT Parents in Illinois

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Car accidents are one of the most common reasons for injuries. Even though you may always drive defensively and responsibly, only some do. Call Phillips Law Offices, helping through a car accident lawyer in Rockford il. We represent victims of auto accidents and other types of personal injuries.
Phillips Law Offices has defended persons hurt in car accidents for many years. Our knowledgeable car accident lawyer in Rockford il knows that people injured in auto accidents frequently suffer twice—once when the accident occurs and once again when an insurance provider rejects or postpones their claim. We will tenaciously handle your…
Continue Reading Car Accident Lawyer in Rockford IL

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Workers’ comp is a type of insurance that offers wage replacement and medical benefits to employees injured at work. If your workplace injury is severe enough to require surgery, you may wonder whether this will increase your workers’ compensation settlement. Generally, surgery does raise settlement sums under certain circumstances. Your employer’s insurance policy should cover pre-settlement surgeries as part of your injury-related medical expenses. Eventually, complications from surgery performed before the settlement agreement may increase the money you receive. Surgery affects your workers’ compensation settlement based on when you undergo the surgical process and how it turns out.

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Continue Reading Does surgery increase workers’ comp settlement?

Baker Sterchi recently obtained dismissal of an appeal from a summary judgment ruling in favor of its client, a telecommunications company. In December, the Circuit Court granted summary judgment in favor of Baker Sterchi’s client on the parties’ cross-motions for declaratory judgment on the interpretation of an LLC operating agreement. The Circuit Court found that the plain language of the operating agreement did not permit a minority LLC member to expel the other majority members. The Circuit Court had previously granted Baker Sterchi’s client a temporary restraining order and permanent injunction, prohibiting the opposing party from taking any actions in…
Continue Reading Baker Sterchi Obtains Dismissal of an Appeal of a Favorable Summary Judgment Ruling

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It is not hyperbole to say that police officers, firefighters, EMTs, and other first responders are among the heroes of our society. Day after day, night after night, these men and women put their life on the line to help others in their time of greatest need. But unfortunately, such occupations do carry a substantial risk of injury. As a result, police officers, firefighters, and EMTs are eligible for workers’ compensation for injuries they sustain in the line of duty. 
Today, we will talk about what is most important to know regarding workers’ compensation for police officers, firefighters, and…
Continue Reading Understanding Workers' Compensation for Police Officers and Firefighters in Will County

Thursday, January 26, 2023

Wealth Tax Proposals Are Back as States Take Aim at Investment

Lawmakers from California, Connecticut, Hawaii, Illinois, Maryland, New York and Washington are coordinating efforts to introduce wealth tax legislation. This campaign is part of a broader national focus on taxing investments, entrepreneurship, and wealth.
The proposed legislation in New York would yield a nearly 30 percent tax on New York City’s wealthiest residents’ capital gains income. This would be about 50 percent higher than the 20 percent federal tax on long-term capital gains. 
Concerns have been raised in Washington, where a wealth tax is in…
Continue Reading Wealth Tax Proposals Are Back as States Take Aim at Investment

Thursday, January 26, 2023

Article: Estate Planning for Ranch Owners

Tanya Feinlieib (Langley & Banack) recently published an article, Estate Planning for Ranch Owners, 15 Estate Planning Journal, 2023. Provided below is an introduction to the article:
One of the threshold questions in planning for a ranch is whether the owner intends the rancho be passed on to subsequent generations in perpetuity. While many Texas ranches are multi-generational family legacies, recreational rural properties for high-net-worth individuals are also quite common and may not hold any specific sentimental value for the owner of his or her descendants. In…
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In a recent post on this blog, we discussed what people need to know regarding uncontested divorce in Illinois. This time, we will talk about things that are essential to know about contested divorce. Firstly, a contested divorce occurs when the divorcing parties cannot cooperate effectively, to the point where litigation may be required. Contested divorces can begin from many places. For instance, divorce proceedings may begin amicably and become contested, whereas in other cases, the divorce may have been rife with conflict from the very beginning. 
Whatever the case, contested divorces are often quite time-consuming and expensive.
Continue Reading What to Know About a Contested Divorce in Illinois

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The Illinois Supreme Court Commission on Access to Justice (ATJ Commission) recently announced that the Motion to Seal Court File in an Eviction Case form suite is available for comment for 45 days, through March 3, 2023.
This new form set is meant to help self-represented litigants request to seal their eviction court files.
The forms and a link to submit comments can be found on the Illinois Supreme Court website.
After the public comment period ends, the ATJ Commission will review any feedback or suggestions received and make any necessary revisions.
What eviction forms are available for comment?…
Continue Reading ATJ Commission Approves a New Suite of Eviction Forms for Public Comment

I get inquiries all the time from people who were involved in motor vehicle crashes for which they were responsible.  The common theme goes something like this:  I was involved in a crash a number of (months/years) ago and now I got this letter from a (collection agency/insurance company/the Secretary of State) saying they (are going to suspend/have already suspended) my driver’s license.  Can they really do that?
The answer, in most cases, is, “Yes, they can really do that.”
How, why, and on what basis?
Read further to find out.
Illinois Safety and Financial Responsibility Law 
In essence, the…
Continue Reading Can They Really Do That?

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Losing a loved one in an accident brings not only deep sadness and grief but also a sense of injustice – especially if the death of a family member occurred as the result of another’s negligence. When an Illinois resident dies due to someone else’s carelessness, legal options may be available for the surviving family members.
The two primary types of legal claims that can be brought by a decedent’s family are wrongful death claims and survival actions. Both are means of pursuing monetary damages after an avoidable death.
Taking Legal Action Under the Illinois Wrongful Death Act
Under the…
Continue Reading What Is the Difference Between a Wrongful Death Claim and a Survival Action in Illinois?