Divorce can sometimes bring out the worst in people. In some cases, a resentful spouse may resort to stalking or harassing their spouse in an attempt to get their attention or intimidate them into meeting divorce-related demands. Stalking can include repeatedly showing up at the spouse’s home, school, or workplace, or it may involve repeatedly contacting the spouse over the phone or via text messages, email, or social media. Whether you have been a victim of abuse, stalking, or another form of domestic violence, you should know that you have several options under Illinois law that can help keep you…
Yesterday, Tuesday, May 26, Chief Judge Pallmeyer entered a Fourth Amended General Order updating the first three (which extended all civil deadlines 28 days, an additional 21 days and 28 more days, for 77 total days) and further addressing the “Coronavirus COVID-19 public Emergency.” The fourth amended order did not grant any additional blanket extensions. The Court did suspend jury trials until after August 3, 2020. And, absent contrary directions from a specific judge, suspended courtesy copy requirements through July 15, 2020. Judges are free to hold hearings, bench trials and settlement conferences, although they should only be in-person…
“Bicyclist Safety on US Roadways: Crash Risks and Countermeasures” The National Transportation Safety Board (NTSB) published a recent report to bring society up to speed regarding its interpretation of bicyclists’ safety in the United States. While increased access to bicycles and reliance on them as a main mode of transportation brings numerous positives to the community, such as awareness of cyclists’ rights on the roadway, unfortunately it also brings serious negatives such as heightened rates of serious personal injuries and deaths of bicyclists. The report cites that “since 2017, 806 bicyclists died in collisions with motor vehicles which was comparable to…
For most, their home is the single most valuable asset of the marriage. But did you know that in Illinois, if one owns a house prior to marriage, it is considered his or her non-marital property? Upon divorce, the owning spouse takes back the entire asset (including all the equity accumulated during the marriage). Whether you are already married to somebody who owned a home before the marriage or are planning to marry somebody who currently owns a home, you have a few options to protect yourself: • If you have not yet married, use a prenuptial agreement to protect…
Town of Cicero Sues City View Multicare Center for Lack of Coronavirus-Related Infection Control Measures On May 1, the Town of Cicero filed a scathing complaint against City View Multicare Center, LLC, the State of Illinois, the Illinois Department of Public Health (IDPH), and Governor JB Pritzker, in his official capacity. The complaint came after Cicero officials and essential workers became aware of a “troubling uptick in illness at City View” along with concerning conditions at City View that started nearly two months prior to the pandemic. According to town reports, the complaint timeline for a series of dangerous coronavirus…
The Illinois General Assembly completed its May session early on Sunday morning, and passed a variety of bills that have now been sent to the Governor. We have summarized below some of the key decisions made by the General Assembly in the weekend session that include (1) budget/funding; (2) workers compensation; (3) liquor regulations; (4) township meetings; and (5) library non-resident fees. We will be reporting on other legislation in more detail as it is considered by the Governor and update you on legislation that is signed into law. Budget/Funding Legislation The IML prepared a summary of the legislation adopted…
Before a child is in kindergarten, they love you completely no matter what you’ve done. The child will barely even know you’re divorced or separated from the other parent.  It’s a very special time to be a parent but most of us have to work and miss a lot of that of that time.  While we’re working, the child will usually be in a daycare.  How do you determine which daycare your child will attend and who will pay for that daycare during and after an Illinois divorce or custody matter? What Daycare Will My Child Attend During And After…
Cannabis Business Plan How to Write a Cannabis Business Plan Cannabis Business Plan A cannabis business plan is needed for any business looking to get started in the cannabis industry. A business plan is the blueprint to your cannabis business and it can truly make or break your application. Writing a business plan can be a daunting task, and cannabis consultants, like those at Cannabis Industry Advisors, are skilled at the process of creating a strong business plan. In this article we’ll explore everything you need to create a solid cannabis business plan. RELATED POST: How to Open a
The U.S. Court of Appeals for the Eighth Circuit reversed a ruling of the United States District Court of Nebraska, which granted class certification to a group of Union Pacific employees, past and present, who alleged that the railroad’s “fitness-for-duty” policy violates the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. The appellate court granted interlocutory review of the class certification pursuant to Federal Rule of Civil Procedure 23(f), and concluded that plaintiffs failed to meet the cohesiveness, predominance and superiority requirements under Rules 23(b)(2) and (b)(3). This is a potentially important ruling for companies who consider…
Before you file an ERISA lawsuit, you must follow a very specific process, and a single mistake can have serious consequences. Unfortunately, many disabled people don’t fully understand how ERISA claims work. In this article, our experienced disability insurance lawyers outline the basics of an ERISA claim, how to “exhaust your administrative remedies,” and when you can file a disability insurance lawsuit. What Is the ERISA Claims Process? ERISA (Employee Retirement Income Security Act of 1974) applies to most employer-funded benefit plans, including long-term and short-term disability policies. Many claimants mistakenly believe that this administrative appeals process will be quick…
The appellant in People v. Dunn, 2019 IL App (1st) 150198 appealed the trial court’s decision denying him leave to file a successive petition for relief under the Post-Conviction Hearing Act, arguing on appeal that he had standing under the Act to pursue his claim of actual innocence because of his ongoing requirement that he register as a sex offender. The Appellate Court affirmed. Maurice Dunn was originally charged with, and convicted of, rape and aggravated battery for an incident in July of 1979. Following a first trial which ended in a mistrial, Dunn was retried in September of 1980…
In this article, we answer the following questions: When should a fiduciary for an Illinois trust resign?, What reasons would the fiduciary of an Illinois trust have to resign?, What legal hurdles might prevent a fiduciary from resigning?, Is a “retired” fiduciary still liable?, and How can an Illinois fiduciary protect herself from continued liability?…
On May 19, 2020, the Department of Labor issued revised interim enforcement guidance by the Occupational Safety and Health Administration (OSHA) concerning its recordkeeping requirement related to recording cases of COVID-19 for non exempt workplaces. Under previous interim enforcement guidance published on April 10, OSHA had temporarily exempted most employers from determining whether a recorded case was “work-related,” defined as an event or exposure in the work environment either causing or contributing to the resulting condition, or significantly aggravating a pre-existing injury or illness. Pursuant to the May 19 revised guidance, however, OSHA has effectively removed this temporary exemption, meaning…
Each year, millions of Americans are bitten by dogs. Although some bites might seem minor, many of them end up causing serious complications which can cost our clients thousands of dollars. At Livas Law Group, a Division of Kralovec, Jambois & Schwartz, we meet with dog bite victims to discuss their legal options, but they need quality medical care first. Below, we review some of the relevant considerations to keep in mind. To obtain compensation, please contact us as soon as possible. Go to the Hospital if the Dog Breaks the Skin Some wounds are merely superficial, more like scratches.…
The State of Illinois passed a bill expanding alcoholic beverage consumption options in its session last week. House Bill 2682 –  which has passed both branches of the state legislature and should be on its way to Governor Pritzker soon, allows those alcohol sellers holding a state “retailer” license (this new legislation uses the term “retailer licensee” but probably meant to use “retailer’s” as that’s the actual defined term used in the Liquor Control Act, but they didn’t so that’s actually open to interpretation now) to sell “cocktails” or “mixed drinks” (these two things are defined as the same…
The topic of gun rights is often the cause of heated debates. The Second Amendment of the U.S. Constitution guarantees the right to bear arms., but gun laws across the country vary depending on the state. Illinois residents who want to possess firearms or ammunition must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police to qualified applicants. There are certain qualifications that a person must meet to obtain a FOID card, and then he or she must follow the stipulations or face criminal charges for violating the terms of it.  Typical FOID Violations…