On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance or remediation agreement with regulators incorporating Groundwater Management Zones (“GMZs”). According to MWG, the Board misconstrued the Illinois Environmental Protection Act and operative regulations when it found the company liable for continued violations and, in the process, drastically lowered the value of GMZs. Midwest Generation’s…
On September 25, 2019, the U.S. Department of Education, the U.S. Department of Justice, U.S. Department of Homeland Security, and the U.S. Department of Health and Human Services released The Role of Districts in Developing High-Quality School Emergency Operations Plans, which is a guide to emergency operations plans (“EOPs”).  The guide addresses a variety of topics, including the roles and responsibilities of schools, school districts, and community partners regarding school safety, along with prevention and mitigation techniques.  The guide also describes that school districts should coordinate with schools and community partners to make EOPs more collaborative.  The guide details…
Oct 15, 2019 | Blog | As you prepare your application for long-term disability (LTD) benefits, you’ll quickly realize how important your doctors’ opinions are to your claim. Unfortunately, many people are uncomfortable discussing their disability with their doctors and avoid these crucial conversations. In this article, Bryant Legal Group suggests some ways you can broach the topics of your disability and functional capacity with your doctor. Keep reading to learn more. Your Doctors’ Opinions Carry Significant Weight in a Long-Term Disability Claim When you apply for long-term or short-term disability, you will have to outline your limitations and…
The difficulties that accompany divorce can be vast, leaving you to face a major learning curve as you navigate your life without your ex-spouse. From new living arrangements and daily routines to possible career changes and less quality time with your children, divorce in the family unleashes a whole range of uncomfortable emotions for everyone involved. Eventually, though, the healing process begins, and with time and experience comes the ability to adapt to post-divorce life. Paving the Way for Recovery Psychologists remind those grieving from a divorce that human beings are incredibly resilient, but research also shows just how hard…
While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property. DUI on National Park Service land If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6-months incarceration, a $5,000.00…
There are many things to consider when hiring or changing managed services providers for your firm. It’s essential to ensure that a potential provider is on the same page as you and can manage your firm’s expectations. The ISBA’s “Essential Questions for Your Managed Services Provider” document serves as a cheat sheet with the top 10 questions to ask before hiring a provider, so you’ll know what you’re getting into and what to truly expect. The resource is one of many member resources available at Practice HQ, the ISBA’s one-stop microsite for practice management and technology information. Organized by…
  Tuesday, October 15, 2019     In Briggs v. Potter County, a federal court of appeals addressed a political retaliation claim involving correctional officers at a county jail in Pennsylvania after a contentious primary election that involved their boss, the chief deputy sheriff. Hunt and Briggs—both correctional officers at the jail—ran against Drake, the incumbent Chief Deputy Sheriff. Drake had recently retired from the Pennsylvania State Police and was appointed as Chief Deputy Sheriff, which was how the last three sheriffs were elected. As the primary campaign progressed, Hunt and Briggs were publicly outspoken about this method of electing sheriffs.…
Likely most everyone has heard the news at this point that Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act on June 25, 2019, officially legalizing the use of recreational marijuana for anyone over the age of 21. [1] However, the bill also has several other lesser known provisions that you may not have been aware of.  Sherer Law Offices is here to walk you through two of largest side effects of the Cannabis Regulation and Tax Act. First, the new law will allow for approximately 770,000 Illinois residents to have their criminal records expunged of certain marijuana related…
Live telecast oral arguments may be a federal rarity, but MIssissippi is a bellwether when it comes to access to justice.   The oral arguments in this wine shipping case can be viewed live on the Mississippi Supreme Court’s website at https://courts.ms.gov/appellatecourts/sc/scoa.php  Oral argument is set for November 13, 2019 at 1:30 p.m. (CST). You can find the briefs and read our take on the arguments in the Mississippi wine shipping case in the two entries we’ve done on the case here, and here. At issue is the applicability of the contracting scheme undertaken by some online alcohol…
Following on the heels of a much publicized incident in high school athletics, the New Jersey Division of Rights (“DCR”) issued enforcement guidance (“Guidance”) clarifying and explaining discrimination based on hairstyles, “with a particular focus on hairstyles closely associated with Black people.” The Guidance follows an incident where a high school African-American wrestler was told by a referee that he must choose between cutting his dreadlocks or forfeiting the match. According to the DCR the New Jersey Law Against Discrimination’s (“LAD”) “prohibition on discrimination based on race encompasses discrimination that is ostensibly based on hairstyles that are inextricably intertwined with…
The Department of Justice is actively exploring, investigating and challenging no-poach and wage-fixing agreements between employers. The Department of Justice asserts that: that when “companies agree not to hire or recruit one another’s employees, they are agreeing not to compete for those employees’ labor. Robbing employees of labor market competition deprives them of job opportunities, information, and the ability to use competing offers to negotiate better terms of employment.” In the Southern District of Illinois, a putative class action against Jimmy Johns was allowed to proceed under a theory that its franchisees’ franchise agreement restricted franchisees from hiring each other’s…
In a series of partial summary judgment opinions, the Delaware Chancery Court threw out all non-competition and non-solicitation claims against Alphatec Holdings, Inc., a medical device company, and its chairman and Chief Executive Officer Patrick Miles in a lawsuit filed by Miles’s former employer, NuVasive, Inc. The suit claimed that Miles violated the non-compete and non-solicitation provisions of his employment agreement when he left to work for rival Alphatec in October 2017. Miles had worked at NuVasive since 2001 and entered an employment contract in September 2016 which included post-employment restrictions against working for a competitor or soliciting NuVasive employees…
I first talked about Cristopher Geiler and his battle with the Troy Police Department back in Episode 065 of the Criminal Nuggets Podcast. Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download APPLE PODCASTS GOOGLE PODCASTS SPOTIFY ANDROID RSS DIRECT DOWNLOAD Back Ground Pro Se litigant takes his speeding ticket all the way to the Illinois Supreme Court. We have a little fun and examine exactly why the police didn’t follow the rules in this case. I first talked about Cristopher Geiler and his battle with the Troy Police Department back in Episode 065 of the Criminal Nuggets Podcast.  Recap If…
There are many reasons and situations that require an update to your estate plan. Divorce is one of the most common and potentially catastrophic situations. Unfortunately, it is also easy to overlook or forget. There are many loose ends to tie up once the divorce process is complete, and with more to manage, estate planning can easily slip through the cracks. Unfortunately, if something does happen to you before you have made changes to your estate plan, assets may not go to the people and places you had hoped. Do not let this happen to you. Learn what and…
[embedded content] How Do I Win a Cannabis License? It’s application season in Illinois and competition is fierce! With only 75 licenses to award, every point in an application counts. Applying for a license is costly, competitive, and in most cases a one time opportunity. This week Miggy and Tom were joined by expert Jay Czarkowski, Founding Partner at Canna Advisors, to discuss exactly what it takes to have a successful application. Canna Advisors has an incredible history of producing winning applications for their clients. Learn what makes for a winning application in this weeks episode: How to Win…
You were walking through a back alley when the police officer stopped you. In the police report, the officer claims that a packet of drugs or an illegal weapon simply fell out of your pocket. That simply didn’t happen, but this is still the basis for your arrest. Can the officer get away with that? The answer depends on how the court views the phenomena known as “dropsy” testimony. “Dropsy” cases are those where an officer falsely testifies that a defendant dropped contraband in plain view “to avoid the exclusion of evidence on fourth-amendment grounds.” In New York, the problem…