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The rule of law is the bedrock of our American democracy and after the tumultuous year we’ve all experienced, I find it extremely fitting that the theme for this year’s Law Day is “Advancing the Rule of Law Now.” The Illinois State Bar Association (ISBA) has been a champion of the rule of law since the association’s inception and it

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Criminal law — violation of order of protection

(3 days ago) Criminal law — violation of order of protection- Where a defendant has been charged with violating an order of protection stemming from a civil dissolution of marriage, no agreement between the parties in the marriage suit or order from the judge in the civil case holding the order void can bar the

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Criminal law — retrial

(8 days ago) Criminal law — retrial. Posted October 22, 2021 11:03 AM. Where a defendant is convicted of an offense and the conviction is reversed on appeal due to precedent which has established a new requirement for the offense subsequent to defendant’s conviction, double jeopardy is not invoked by a remand for a new trial on this new requirement as

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Criminal law — theft from United States

(5 days ago) Criminal law — theft from United States. Where the fact that defendant did not know that stolen money was property of the United States was not material to conviction under 18 U.S.C. Sec. 641.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge Joan H. Lefkow, Northern District of Illinois.Eddie Hicks was a police officer in the

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Family law — domestic violence

(6 days ago) Family law — domestic violence. Where there are unrebutted allegations of domestic violence by a father who has refused to engage in domestic violence services, it is not in the best interest of children already determined to be abused to be returned to a mother who is reconciled and again in a relationship with the father.The 1st District

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Illinois Supreme Court disbars 3 attorneys, suspends 8

(6 days ago) Illinois Supreme Court disbars 3 attorneys, suspends 8- Emma [email protected] Illinois Supreme Court delivered disciplinary actions in 13 cases in its November term, including three disbarments. The Illinois Attorney Registration and Disciplinary Commission recommends penalties

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Tax law — claim of right

(Just Now) Tax law — claim of right. Posted November 1, 2021 11:29 AM. Where taxpayers’ trust sold stock in violation of trust agreement and later repurchased same stock, taxpayers could not use claim of right doctrine for deduction in subsequent tax year.The 7th U.S. Circuit Court of Appeals affirmed a decision by Chief Judge James D. Peterson

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Pritzker signs new Illinois congressional map into law

(2 days ago) Democratic Gov. J.B. Pritzker signed Illinois’ new congressional district map into law Tuesday, formalizing political boundaries drawn to help Democrats in next year’s midterm elections, when Republicans are well positioned to win control of the U.S. House of Representatives.The map, approved in October by Democrats who control the Illinois Legislature, was intended to eliminate two

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Director fired after improper law certificate given to donor

(4 days ago) Director fired after improper law certificate given to donor- John O'ConnorAssociated PressSPRINGFIELD — The director of the Illinois Law Enforcement Training and Standards Board was fired this fall after an investigation found that he improperly issued a law enforcement certificate to an unqualified local

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High court seems ready to strike down New York gun law

(8 days ago) WASHINGTON — The Supreme Court on Wednesday seemed ready to strike down a restrictive New York gun permitting law, but the justices also seemed worried that a broad ruling could threaten gun restrictions on subways, bars, stadiums and other gathering places.The court was hearing arguments in its biggest guns case in more than a decade, a dispute over whether New York’s law

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Supreme Court questions Texas law banning most abortions

(9 days ago) Supreme Court questions Texas law banning most abortions. A majority of the Supreme Court signaled Monday they would allow abortion providers to pursue a court challenge to a Texas law that has virtually ended abortion in the nation’s second-largest state after six weeks of pregnancy.But it was unclear how quickly the court would rule and

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Admiralty law — exoneration of liability

(6 days ago) Admiralty law — exoneration of liability. Where district court did not err in lifting injunction on filing action in state court in admiralty case.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge William C. Griesbach, Eastern District of Wisconsin.Donald Sarter drowned after the vessel Monark #2 capsized in Lake Superior.

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Judge explains Law Division arbitration

(3 days ago) Judge explains Law Division arbitration- Grace [email protected] shouldn’t fear mandatory arbitration in the Law Division of the Cook County Circuit Court, a judge said Thursday.The program, adopted in the spring, applies to hundreds of personal injury cases in the

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Judge explains Law Division arbitration

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Supreme Court doesn’t block Texas abortion law, sets Nov

(4 days ago) Supreme Court doesn’t block Texas abortion law, sets Nov. 1 hearing- Mark ShermanAssociated PressWASHINGTON — The Supreme Court is allowing the Texas law that bans most abortions to remain in place, but has agreed to hear arguments in the case in early November.The justices said Friday they will decide whether the

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Family law — TPR trial

(8 days ago) Family law — TPR trial. Where a party is engaged in a termination of parental rights trial, their right to “be present” does not preclude a video conference trial where such proceedings are found necessary by the state and the party does not establish in what way they are prejudiced by such a proceeding.The 1st District Appellate Court

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Law firm can seek fees from Joy Segal

(6 days ago) Law firm can seek fees from Joy Segal. A state appellate panel ruled that Seiden Law Group P.C. can seek $98,000 in fees from Joy Segal for work it did seeking to recover assets seized after her former husband, Michael “Mickey” Segal, was convicted of racketeering.The panel found that a contingency agreement Segal said existed between the

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Illinois Supreme Court takes on criminal liability issue

(2 days ago) SPRINGFIELD — The rideshare company Lyft argued before the Illinois Supreme Court Wednesday that a 2014 state law protects it from being held liable for the criminal actions of one of its drivers who allegedly raped a passenger in 2017.The case centers on the constitutionality of the state’s first law to regulate the industry, passed in 2014, and could have implications for the separation

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Effort to repeal Illinois abortion notification gets

(4 days ago) SPRINGFIELD — Alarmed and at the same time energized by a Texas law that bans most abortions, abortion-rights advocates in the General Assembly are targeting what people on both sides of the contentious issue consider the last restriction on access to abortion in Illinois.Democrats in the House and Senate are pushing to repeal a law requiring that a parent or guardian be notified at …

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Pritzker signs Health Care Right of Conscience change

(7 days ago) SPRINGFIELD — A new law in Illinois will soon clear the way for employers to enforce vaccination, testing and other mitigation measures to prevent the spread of COVID-19.The measure, Senate Bill 1169, amends the Illinois Health Care Right of Conscience Act, a 1977 law originally intended to shield doctors and pharmacists from liability for refusing to participate in abortions.

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Criminal procedure — double jeopardy

(2 days ago) Criminal law — drug dealing, quantity Where defendant argued that government did not meet burden of proving he had dealt more than 28 grams of crack cocaine, as transaction took place over two meetings an hour apart, sufficiency of the evidence existed to support conviction.

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Illinois Senate OKs repealing parental notification for

(4 days ago) Illinois Senate OKs repealing parental notification for abortion- John O'ConnorAssociated PressSPRINGFIELD — The Illinois Senate voted Tuesday to repeal a law requiring that parents or guardians be notified when girls younger than 18 are seeking an abortion. Building on momentum among abortion-rights activists after

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ARDC finds evidence lacking in financial exploitation

(1 days ago) ARDC finds evidence lacking in financial exploitation complaint- Emma [email protected] complaint against a lawyer accused of financially exploiting an elderly person should be dismissed, according to the Illinois Attorney Registration and Disciplinary Commission Hearing Board.The board found

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Civil procedure — statute of limitations

(6 days ago) Criminal law — drug dealing, quantity. Where defendant argued that government did not meet burden of proving he had dealt more than 28 grams of crack cocaine, as transaction took place over two meetings an hour apart, sufficiency of the evidence existed to support conviction.

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Attorney David Pritchard now explores big themes as author

(2 days ago) Most in the Chicago law scene know the name David J. Pritchard — but perhaps not as a meditative author. Now retired from law, Pritchard has written a book about consciousness, drawing on experiences including decades of medical casework.Pritchard spent the first 22 years of his legal career defending physicians and hospitals in medical malpractice cases.

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Court cautiously OKs discovery on disqualification

(7 days ago) Court cautiously OKs discovery on disqualification- During father–son litigation between Marvin and Ryan Hill and their businesses (three corporations, a partnership and a limited liability company), Marvin (Ryan’s dad and a minority shareholder …

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Due process — juvenile offenders

(8 days ago) Employment law — collective bargaining agreements Where an employer and union member files suit in state court against her employer over issues central to the collective bargaining agreement with her employer, such as overtime pay, she must follow the grievance procedure outlined in the CBA or her suit is preempted under Sec. 301 of the Labor

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Civil procedure — evidence, medical malpractice

(9 days ago) Civil procedure — evidence, medical malpractice- Where Federal Rules of Evidence and Federal Rules of Civil Procedure controlled on the admissibility of expert witness testimony, not state law.The 7th U.S. Circuit Court of Appeals affirmed a decision by …

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A gun in every pocket

(6 days ago) A gun in every pocket? Top court mulls century-old law from N.Y.- The Supreme Court does not change its process very often. However, prior to the pandemic, the court introduced a new rule giving litigants two minutes up front to speak uninterrupted and a shorter period to wrap up arguments.During the pandemic, the

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City out of suit against alderman

(6 days ago) City out of suit against alderman- Patricia [email protected] city of Chicago cannot be held liable for the way 45th Ward Alderman James Gardiner manages his official Facebook page, a federal judge held.In a written opinion, U.S. District Judge Sharon Johnson

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Criminal procedure — res judicata

(9 days ago) Criminal procedure — res judicata. Posted November 4, 2021 10:53 AM. Where a defendant in a postconviction petition seeks to review an issue that is barred due to res judicata because of new evidence, that evidence must be conclusive, material, discovered since the trial and of such a character that it could not have been discovered with

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Malpractice — criminal defense

(2 days ago) Family law — child support Where the marital settlement agreement between parties specifically contemplates and makes provision for both parties increasing their individual earnings, an increase in earnings by either or both parties cannot be said to be a substantial change in circumstances justifying a modification of child support obligations.

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Judge blocks deadline for Chicago cops to get vaccinated

(1 days ago) A judge on Monday suspended a Dec. 31 deadline for Chicago police officers to be vaccinated against COVID-19 but didn’t interfere with a requirement that they be regularly tested.Disputes over vaccinations should be submitted to an arbitrator as a labor grievance, Cook County Circuit Court Judge Raymond Mitchell said.“The effect of this order is to send these parties back to the bargaining

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The search for an effective expert: Sailing the seven C’s

(3 days ago) The search for an effective expert: Sailing the seven C’s to trial success- As a plaintiff’s personal injury trial lawyer, I deal with expert witnesses on a daily basis. I also have the opportunity to give speeches to different expert witness organizations and bar associations. I am frequently asked, “What are you looking for

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When it comes to marketing, let’s make 2022 the Year of

(7 days ago) Steve Fretzin is the author of “Sales-Free Selling,” “The Attorneys Networking Handbook,” and “The Ambitious Attorney.” An expert in legal business development, Fretzin has helped hundreds of law firms and attorneys to dramatically grow their law practices and to be that lawyer — confident, organized and a skilled rainmaker.

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Rittenhouse jury begins deliberations

(1 days ago) Rittenhouse jury begins deliberations. KENOSHA, Wis. — Kyle Rittenhouse played a direct role Tuesday in deciding, albeit randomly, who will be the final 12 jurors that will decide his innocence or guilt in the murder trial over his killing two protesters and injuring a third last summer.At the direction of Circuit Judge Bruce Schroder

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