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We are pleased to invite you to our upcoming virtual Tressler Talk: Reconsidering Student Discipline and the Role of Restorative Justice Practices Thursday, August 5, 20211:00-2:00pm CT Join us for this complimentary webinar to learn about the history of student discipline in the school setting, the current state of student discipline and expectations for the 2021-2022 school year, including the role of restorative practices.This presentation will combine the legal insight of Tressler education attorneys Elizabeth Wagman, Kathleen Gibbons and Darcy Proctor with the renowned restorative justice experience of Dr. Robert Spicer. Participants will come away from this engaging presentation understanding…
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If you are going to fly and plan to take weed with you, you should be aware of the regulations that could apply to you. The first and most important question you should ask yourself is: can you bring weed on a plane? The Transportation Security Administration (TSA) is the organization in charge of the security of the traveling public in the United States. They are the ones that run the security checkpoint where your carry-on luggage is screened – they also check luggage behind the scenes. However, it would be inaccurate to say that the TSA is part of…
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In the wake of the tragic collapse of the Champlain Towers in Surfside, Florida, last month, many Condominium Associations are questioning whether deferring maintenance on their property is still a safe option. According to media reports, the estimated cost to repair the Champlain South premises totaled $15 million. However, the condo had only $800,000 in reserves for such contingencies. Unit owners were faced with individual special assessments between $80,000 and $200,000 each. After facing owner pressure, the board refused to levy these assessments and further deferred essential maintenance, thus contributing to the resulting disaster. Responsible members of condo boards need…
Last week, a federal court dismissed a case against a municipality filed by a driver that her due process rights under the Fourteenth Amendment were violated when she received a parking ticket for leaving her vehicle on a secondary snow route. The driver claims she was not provided “fair and proper notice” of the parking restrictions because there were no signs posted in the Village indicating where parking was prohibited. In Lewis v. Village of Alsip, the court held that the driver’s claim that she was entitled to signage announcing the parking ordinance had no merit. First, the Court found…
Lots of people suffer personal injury everyday slipping at the grocery store, getting attacked by an animal, crashing into another vehicle, or through a myriad of ways. Personal injury cases are meant to compensate the plaintiff for the personal injury and expense of the event. A personal injury lawsuit generally allows the plaintiff to seek compensatory damages and punitive damages. If you file a lawsuit for personal injury and negligence, like after a car accident, then you may have damages awarded for your compensatory damages (economic damages and non economic damages). These are meant to reimburse you for your…
Baker Sterchi attorney Jessica Holliday was a recent guest speaker on The Podium and Panel Podcast. Hosted by attorneys Dan Cotter and Donald Patrick Eckler, The Podium and Panel Podcast is a weekly podcast covering oral arguments before courts of review in Illinois and Indiana, as well as the Seventh Circuit and the U.S. Supreme Court.   Holliday’s episode is focused on a recent Seventh Circuit U.S. Court of Appeals Opinion finding the ministerial exception protecting religious organizations from employment discrimination suits brought by their ministers, applies to hostile work environment claims.  Holliday, located in Baker Sterchi’s Belleville office, has a practice focused…
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Today and next week, we turn our attention to a new issue – does dissent at the Appellate Court signal likely dissent at the Supreme Court?  We begin with the Court’s civil decisions between 1990 and 2004. For the most part, the answer is no.  The dissent rate at the Appellate Court in the civil cases decided by the Supreme Court only exceeded the likelihood of a dissent at the Supreme Court in four of the fifteen years between 1990 and 2004: 1990-1991, 1995 and 2003. For most of the rest of these years, dissent was considerably more common at…
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We determined last time that there was relatively little connection between the rate of dissent at the Appellate Court and the likelihood of division at the Supreme Court in civil cases.  This time, we’re looking at criminal cases for the same years: 1990 through 2004. The connection between dissent at the Appellate Court and Supreme Court was even weaker in criminal cases.  The rate of dissent at the Appellate Court was higher than division at the Supreme Court in only three of the fifteen years between 1990 and 2004: 1990-1991 and 2004.  On the other hand, in 1993, only 2.33%…
Divorce laws are different all over the world. It can be tempting for a party to an Illinois divorce to say “I don’t like the divorce laws in Illinois. So, I’ll just file for divorce somewhere else.” Filing a divorce in a foreign country may or may not have an impact on any divorce filings in Illinois. Motion To Dismiss An Illinois Divorce Because A Foreign Divorce exists. A foreign divorce can allow a spouse in an Illinois divorce to ask an Illinois court to dismiss the Illinois divorce case because there already is a divorce case pending. “Defendant may,…
The motivation to create Ping® stems from my experiences running the Entrepreneurial & Start-up Ventures Committee, and the Media, Arts & Entertainment Committee of the Chicago Bar Association, participation in Illinois State Bar Association committees, and public speaking engagements on the subjects of intellectual property, information technology, privacy, security and entertainment law.  Every forum meeting or presentation ends with in-depth questions from the audience. I publish Ping® to share knowledge and educate creative professionals and entrepreneurs to be better business owners and managers.Is the Ping® Newsletter useful or informative for you? Let us know in the comments section, below.…
Saturday, July 31, 2021 Illinois: Electronic Wills and Remote Witnesses Act The governor of Illinois has signed into law the “Electronic Wills and Remote Witnesses Act,” making it the tenth American state to put into effect legislation for e-wills. The act takes effect immediately (July 26, 2021).  The Illinois act is non-uniform — it is not based on the Uniform Electronic Wills Act of 2019. Below is the link to the Act: Public Act 0167 102nd General Assembly  Special thanks to Adam J. Hirsch (Professor of Law at the University of San Diego School of Law) for bringing this Act to my…
Almost everything a litigant does in an Illinois divorce does requires that the other party be notified. There are no surprises in an Illinois divorce. The reason surprises are forbidden in an Illinois divorce is that litigation by surprise is contrary to the fundamental principle of Anglo-American law: due process. “No state shall make or enforce any law…without due process of law” U.S. Const., amend. XIV Due process is “law in its regular course of administration through courts of justice.” Black’s Law Dictionary (10th ed. 2014) “At a minimum, due process requires that a deprivation of property cannot occur without providing notice and…
You were stopped for failing to signal a turn.  When you opened the window, the officer spotted a flask on your passenger seat, smelled alcohol and asked you to take field sobriety tests, which you refused.  Can you be convicted because of the flask? The answer depends on many factors.  If the flask was empty, you may have a defendable case as long as there is little other evidence of DUI.  But how empty is empty enough?  If the flask is completely dry, you may not have a problem provided your driving and demeanor were steady.  But what if the…
In Illinois, speeding 26 mph or more over the posted limit is a criminal offense. This offense is also known as aggravated speeding, misdemeanor speeding or excessive speeding. The penalties for aggravated speeding tickets were addressed in an earlier post. Below are the answers to some additional questions we often receive regarding Illinois speeding tickets. Can you be arrested for speeding in Illinois? Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers…
On July 26, 2021, the Office for Civil Rights (OCR) and Office for Special Education and Rehabilitative Services (OSERS) issued a Factsheet explaining the potential for students who have been infected with COVID-19 to experience new, returning, or ongoing post-COVID health problems that may qualify as a disability under Section 504 or the IDEA. The Factsheet reinforces the need to follow standard Section 504 and IDEA procedures related to child find, evaluations, eligibility, and services and modifications for such students. The challenges of the last year and a half have led to a variety of health, academic, and social/emotional difficulties…
Earlier this summer, we let you know about two special education bills that had passed the Illinois legislature, which, if signed by the Governor, would provide additional services to some transition students. These bills have both been signed by the Governor, and ISBE has issued an FAQ to address the many questions from the field on how these laws will work in practice.      Public Act 102-0172 (HB 40)  PA 102-72 (HB 40) amends Section 14-1.02 of the School Code, extending eligibility to the end of the regular school year for students whose 22nd birthday falls within a regular school term. “Regular school term”…