A federal court in Arkansas issued an opinion a few months ago that may be of interest to governments that operate and moderate social media accounts, especially those that supplement Facebook’s filtering settings. Tanner v. Ziegenhorn.

The Arkansas State Police operates a public Facebook page where Tanner posted various comments  that are the subject of this lawsuit.

The first comment made a disparaging remark against a state trooper (“this guy sucks”) that was removed by an officer who administered the page. After Tanner complained, the State Police allowed Tanner to repost the comment and the administrator admitted that the
Continue Reading Court Finds First Amendment Violation in Facebook Moderation Case

Being attacked by a dog can be a terrifying experience that leaves you both physically and mentally scarred. The injuries caused by even a single dog bite can be severe and permanent. Some injuries may fade over time, but others may not. Especially when parts of the body like the hands and face are bitten, a dog bite victim’s injuries can last years or even a lifetime. If you are attacked or bitten by a dog, it is important to seek prompt medical care, and then call an attorney as soon as possible.

What Types of Permanent Injury Can a
Continue Reading What Permanent Injuries Can a Dog Attack Cause?

Combine the general stress of the holidays with a recent divorce and custody battle, and you have a recipe for a less-than-jolly season. While the post-divorce holidays may be different, they don’t have to be stressful. No matter what you and your former spouse disagree on, you are likely both in agreement that you want a happy, low-stress holiday for your children. 

If you’ve been searching for a guide that explains how to co-parent during the holidays, this article is for you. Our family law attorneys have outlined seven tips for co-parenting during the holiday season that will, hopefully, make
Continue Reading 7 Tips for Co-Parenting During the Holidays

The law legalizing recreational cannabis also provided for the expungement (removal) of all court records regarding various prior cannabis arrests, citations and convictions. While each county’s States Attorney was charged with doing the expungements, few did. The Illinois Supreme Court just released forms for do it yourself cannabis record expungement: www.illinoislawyernow.com/2021/11/illinois-supreme-court-releases-cannabis-expungement-court-forms
If you have any questions, or if we can help you erase any prior criminal records regarding cannabis or other matters, please contact us.
info@NapervilleLaw.com
This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take
Continue Reading Cannabis Expungement

Contributed by Heather Bailey, November 30, 2021

With the help of the US Department of Labor (DOL), the Biden Administration made good on its promise to increase the minimum wage for workers who work on new or updated federal contracts (including extended, renewed, or exercise of an option on an existing contract). The President’s full Executive Order may be found on the White House website.

This was carried out by the DOL on November 22, 2021 with its Final Rule requiring that such workers’ minimum pay will now be $15.00 an hour starting January 30, 2022. Keep in mind
Continue Reading Federal Contractors’ Alert: Minimum Wage for Workers Is Going Up January 30, 2022

Couples who are in a long-term relationship will usually choose to get married. However, there are many couples who live together, share income and expenses, have children, and enjoy the same type of relationship as a married couple without uniting together in a legal partnership. Couples may choose to do so because they do not see the need for a religious wedding ceremony, because they wish to maintain some independence, or for a variety of other reasons. A couple that wishes to remain unmarried will need to understand how this will affect their rights and responsibilities, including how matters will
Continue Reading Do Unmarried Couples Have the Same Rights as Married Spouses?

Going to the pool is a popular pastime for many. Unfortunately, for thousands of Americans, their time at the pool ends with more than a nice tan. According to the Pool Safety Foundation, more than 2,000 children under the age of five suffer submersion injuries every year, and many of these injuries occur at pools. Thousands of adults suffer injuries as well.
Victims that survive are often left with debilitating permanent disabilities, such as brain damage. They may have difficulty concentrating and recalling information, making a normal life difficult. In addition to physical injuries, victims face other challenges, such as
Continue Reading If You Were Injured in a Swimming Pool, You May Have a Legal Claim

If you are accused of domestic violence, you may also be the subject of a protective order. Courts issue protective orders to preserve the safety and well-being of domestic violence victims. They may be imposed if the offender allegedly abused, harassed, or intimated the victim. An order is also warranted if the personal liberty of the victim was allegedly violated, or they were willfully deprived of basic necessities so as to put them at risk of physical, mental or emotional harm.
Protective orders are issued when an alleged victim is threatened or harmed by a former or current household
Continue Reading What Are the Consequences for Violating a Protective Order in Illinois?

When an adult in Illinois is sufficiently disabled such that he or she is unable to make or communicate decisions about their care, living arrangements, and finances, legal guardianship may be necessary. Illinois law provides legal protection for its adult disabled citizens and Illinois has one of the most progressive guardianship laws in the US, with helpful procedures for appointing guardians and detailing the responsibilities of guardianship.
Serving as a guardian for a disabled adult is a major responsibility. If you are considering becoming a guardian, it is important to understand what you can expect and what will be expected
Continue Reading What Are the Responsibilities of a Disabled Adult Guardian in Illinois?

Thousands of people suffer personal injuries every year because of defective products. Often, their quality of life is drastically impacted as a result. Many victims suffer tremendous pain, are left unable to work, and are buried under medical debt.
Mired in such desperate circumstances, many victims decide to pursue legal action. Although many defective product lawsuits are brought under a theory of negligence, they can also be brought under a theory of strict liability.

How Strict Liability Lawsuits Work
Negligence refers to carelessness or irresponsibility that results in injury or death. Many product liablitiy claims are founded upon an allegation
Continue Reading Negligence and Strict Liability in Defective Product Lawsuits

Suffering a serious workplace injury can disrupt your life on multiple fronts. Besides debilitating physical injuries, you may be left unable to work and with a mountain of medical debt. It may be difficult to simply pay the rent and put food on the table. However, your situation becomes much more perilous if your workers’ compensation claim is denied. Unfortunately, employers and insurance companies devise crafty ways to avoid their responsibilities to injured workers. For example, they may claim that the injury is not work-related or not serious enough to prevent the claimant from working. Thankfully, injured workers can appeal denied claims
Continue Reading Navigating the Workers’ Compensation Appeals Process

Tuesday, November 30, 2021

Comment of Proposed Department of Labor Regulations on ESG Investing, Prudence and Loyalty

Edward A. Zelinsky (Annie and Morris Trachman Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University) recently posted on SSRN his article entitled Comment of Proposed Department of Labor Regulations on ESG Investing, Prudence and Loyalty. Here is the abstract of his article:

DOL’s proposed regulations about ERISA’s fiduciary duties of prudence and loyalty weaken the protection of America’s workers and retirees. Accordingly, these proposed regulations should be amended to delete the imprudent, unproven and ambiguous term “ESG,” to add more
Continue Reading Comment of Proposed Department of Labor Regulations on ESG Investing, Prudence and Loyalty

Divorce is a notoriously challenging experience for everyone involved, especially if one spouse is trying to escape an unhealthy or abusive relationship involving domestic violence. Unfortunately, sometimes a spouse continues unhealthy behaviors by stalking, harassing, or intimidating their future ex. This may be in an effort to manipulate their partner into staying, or it may be an inappropriate effort to monitor and “catch” the partner in misdeeds. 
Whatever the reason, it is not okay for one spouse to make the other spouse feel uncomfortable or unsafe during divorce proceedings. If you are in this situation and do not know
Continue Reading What if My Spouse is Stalking Me During Our Illinois Divorce? 

Some cases just cannot be resolved by the parties alone without the help of an impartial third party.  That might mean filing a lawsuit and letting a judge or jury make the ultimate decision.  It may also mean that an arbitration, mediation, or other form of Alternative Dispute Resolution (ADR) is utilized to get the parties to yes.
In the case of my client N, it took all the methods and systems mentioned above to get the first portion of her personal injury case resolved.
Get Your Head in the Game
I often like to say that my job depends
Continue Reading Tell It to the Judge!

A Qualified Domestic Relations Order (QDRO) is a court order requiring a portion of a retirement plan to be assigned, typically to the former spouse, however, QDROs can also be assigned to a child or other dependent of the participant in order to collect current or past due child support.
What Happens If the Payor Continues to Fail to Pay Child Support?
A QDRO can be used to collect child support arrearages. Although child support is generally not taxable income to the recipient, many plans will tax the recipient of the distribution from the QDRO for an arrearage. However, the
Continue Reading Using Qualified Domestic Relations Orders to Collect Child Support Arrears

Children are expensive. You have to feed them, clothe them, give them shelter and keep them healthy. Keeping children healthy means having your children insured both during and after your Illinois divorce.

“The duty to provide health insurance is an integral part of a parent’s current and future support obligations.” In re Marriage of Seitzinger, 775 NE 2d 282 – Ill: Appellate Court, 4th Dist. 2002

Health Insurance For Children Is Mandatory During And After An Illinois Divorce

An Illinois divorce court must be sure that the children have some kind of health insurance before finalizing any paperwork regarding child
Continue Reading Children’s Health Insurance In An Illinois Divorce