Posted on March 04, 2019 in Personal Injury

Sending a child to school should not entail concern about whether he/she will get injured. However, when accidents do happen that result in a child being injured, it is crucial to determine if the fault lies with the child or the school. In cases where the school holds responsibility, retaining the services of an experienced premises liability or personal injury attorney can help recoup some of the costs associated with recovering from any resulting injury.

One source notes the potential for some 300 lawsuits to be filed against the NCAA relating to concussion-like symptoms suffered by football players at colleges across the country. Although the source looks at liability at the college level, it nevertheless does bring up the general question of when a school can be liable for injuries suffered by its students.

Basis for Liability

In most cases, liability to the school will be based on either the legal theories of personal injury or premises liability. In both cases, an injured plaintiff, in order to be successful, will have to show that the school did not adhere to its responsibility to keep the student free of any dangerous conditions. In either case, if it can be shown that this dereliction of duty directly caused the injury to the student, the injured student may be able to hold the school liable.

Continue Reading ››

 Posted on February 27, 2019 in Immigration

A federal case out of California has interesting ramifications for the family and loved ones of immigrants - and quite possibly their attorneys! On December 4, 2018, the 9th Circuit overturned the convictions of one woman who was convicted of violating provisions of the Immigration & Nationality Act (INA) that made knowingly ‘encouraging’ or ‘inducing’ someone to enter the U.S. or remain in the U.S. without documentation a felony. The court held that the provision affected a range of free speech issues and was likely overbroad.

Relevant Provision Too Broad

The relevant section of the law states that it is unlawful to “encourage or induce” an alien to enter or reside in the U.S. without documentation if one is aware that their arrival/entry/residence in the country will be against the law. It was passed in 1985, during a revamping of the INA, and its initial intent was to punish alien smugglers and others who might try to suborn people into unlawful entry and residence, and any other malevolent actor who might try to convince aliens out of status to remain in the country when they ought to have departed.

Continue Reading ››

 Posted on February 25, 2019 in Family Law

No marriage is perfect, and marriages regularly end in divorce. Disagreements and anger about the end of a marriage can cause a spouse to lash out at their former partner in whatever ways they can. Divorces with an adversarial nature often seriously impact the lives of the spouses and any children involved. Occasionally, a parent may take the anger and resentment even further than normal and cause their child or children to experience parental alienation syndrome.

What Is Parental Alienation Syndrome?

Parental alienation syndrome is a term created in the 1980s by the child psychiatrist Dr. Richard Gardner. Gardner used this term to describe what happens when a parent tries to make their children dislike the other parent. The parent who is attempting to alienate the child is often not happy about the divorce and wants their children to be on their side in order to influence child custody decisions. The alienation is accomplished by making negative comments about the other parent, constantly putting them down, blaming them for everything, and even making false accusations. It is also common to see a parent attempt to keep the children to themselves as much as possible and limit the other parent’s parenting time with the children.

Continue Reading ››

 Posted on February 25, 2019 in Personal Injury

Being an invited as a visitor to another’s property, whether the property owner is a business or another person, carries with it some expectations. Fundamentally, the visitor can expect the property to be reasonably free of any dangerous conditions, or, if not, to be made aware of any hazards. Additionally, the visitor can expect that he/she will be safe while on the property, even if that means that the property owner provides an appropriate level of security detail. If these expectations are not met, and an injury to the visitor occurs, retaining the services of an attorney experienced in personal injury matters, and one especially focused on premises liability and insufficient security, can be crucial to obtaining compensation for the visitor’s injuries.

Recently, the estate of a teenager who froze to death after getting trapped in a hotel freezer has sued the hotel, alleging that it failed to secure the area around the freezer, which, although not used, was still accessible to the public. Allegedly, the teen walked around, visibly disoriented, past hotel staff and into the freezer, and no one attempted to stop her. A discussion of premises liability, as well as some examples of insufficient security procedures, will follow below.

Continue Reading ››

 Posted on February 20, 2019 in Immigration

As 2018 draws to a close, one can look back at the U.S. immigration system as it once existed and see very little remaining. While the system has never been perfect, many different changes have been instituted in 2018 which have failed to make the United States any safer, despite their stated aims. Inefficiency has persisted, and suffering has mushroomed. The people who have cases pending in the system have been put through far more than anyone should expect to endure. However, that perseverance does sometimes pay off - and for the sake of a better life, many continue to try.

“Zero Tolerance”

Despite the "sturm und drang" coming from immigration hardliners, anyone caught in the act of crossing the U.S. border without inspection is generally deported as quickly as possible, thanks to a policy called expedited removal which permits deportation without being allowed to see an immigration judge if someone is arrested within 100 miles of the U.S. border and has been in the U.S. for less than two weeks. Under the previous administration, Immigration & Customs Enforcement (ICE) had a strict system of priorities when seeking to enforce detentions and removal orders - generally, those with convictions for aggravated felonies and crimes of moral turpitude were the migrants actively targeted by federal enforcement. Many undocumented people were allowed to remain if they had established ties to the country, paid their taxes, and had no criminal records, with federal might being used on those deemed a greater danger to U.S. national security.

Continue Reading ››

 Posted on February 18, 2019 in Family Law

Adopting a child is a great option for couples who would like children, but many people are surprised at how much it costs to actually adopt a child. The expenses can vary widely for many reasons, such as the number of legal fees, whether you are working with an agency or not, and the costs of obtaining all the necessary toys and childcare items. When the process is done, and you are finally able to go home with your child, it will all be worth it. However, you will likely want to try to alleviate the costs of adoption whenever possible.

Costs of Domestic and International Adoption

International adoption refers to adopting a child from another country instead of within the home country of the adoptive parents. Travel expenses and the laws and regulations around adoptions can all make it difficult to adopt a child from another country. International adoption also costs much more in general than a domestic adoption due to the different processes and fees involved. For example, most countries will require the prospective parent to visit the country of the child they wish to adopt, and the prices of multiple international flights can add up.

Continue Reading ››

 Posted on February 18, 2019 in Personal Injury

Suffering an injury as the result of a preventable action by another can be extremely frustrating. Whether it is not correcting a dangerous condition or acting irresponsibly, initial thoughts after such an event question why the other person or entity acted as they did. Afterwards, when the costs of recovering from the injury begin to become due, thoughts turn to whether the responsible party can be required to pay these costs. Retaining the services of an attorney experienced in personal injury law can be crucial to ensuring that the responsible party does compensate the injured individual for all expenses associated with recovering from the injury.

A complex situation arises when the responsible party is the injured individual’s employer, in which case the employee has a decision to make – utilize the workers’ compensation policy or pursue legal action in court. A company which has recently been in the news, Amazon, was the subject of a story which illustrates numerous ways injured employees are effectively left to fend for themselves, resulting, in one instance, in a former employee becoming homeless as a result of the costs of recovery.

Continue Reading ››

 Posted on February 18, 2019 in Personal Injury

630-932-9100 for a free consultation.">A big part of raising a child is protecting him/her from harm, which is almost impossible with all the dangers that exist in and out of one’s home. However, things like seat belts and bicycle helmets are a few of the devices created specifically to prevent a child from injury. Unfortunately, even with precautions, injuries can still happen, but some injuries are preventable and only occur because someone else was negligent or reckless. Further, some of these injuries happen in environments that cater to children and should have better protocols in place to keep everyone safe.

If an injury is the result of a preventable error on the part of another, retaining the services of an experienced personal injury attorney is crucial to being compensated for the costs of the child’s recovery. A tragic example of an injury to a child, one which resulted in his death, occurred when the seven-year-old fell from a zip line at a gym in suburban Chicago. The family has since initiated a lawsuit against the gym for failing to supervise the child and provide safety devices that would have prevented his injuries. A discussion of the common types of injuries a child can suffer, as well as the types of remedies available, will follow below.

Continue Reading ››

 Posted on February 13, 2019 in Immigration

U.S. immigration law defines a crime of moral turpitude (CIMT) as being a crime involving conduct that shocks the public conscience, and is “contrary to the rules of morality.” In immigration law, being convicted of a CIMT can render someone deportable. The only way to avoid deportation in such a situation is either to seek a waiver or to avail oneself of what is called the petty offense exception. The exception is not well understood, but it can be very helpful in some immigration cases.

CIMTs Are Subjective

The category of crimes of moral turpitude came into being only within recent memory, and there is no specific written definition of a CIMT within U.S. immigration law. It has been described in various cases as “being inherently base, vile, or depraved” and shocking the public conscience. A variety of crimes from murder to kidnapping to fraud have been classified as CIMTs, and given the vagueness of the law and the definition, it can be quite difficult at times to determine whether you have in fact committed a CIMT or not.

Continue Reading ››

 Posted on February 11, 2019 in Family Law

Every divorce needs to be treated differently due to the individual circumstances in each case. However, there are some common elements that will typically need to be taken care of during the divorce process, including child custody, division of assets, and spousal maintenance (alimony). Maintenance consists of financial support that one spouse pays to the other to make sure they are able to support themselves after the divorce. If you are close to retirement age and are considering initiating divorce proceedings, you may be wondering what will happen if you are ordered to pay maintenance and decide to retire soon after.

Possible Outcomes

If you decide to retire and are still paying maintenance to your ex-spouse, there are a few different outcomes that could occur. Illinois law states that you may be able to receive a reduction or stoppage of your maintenance obligation if you are able to show that you have had a “substantial change in circumstances” making you unable to pay the maintenance. The decision to retire is often not enough for a judge to order a complete termination of maintenance payments, but it may be enough for a reduction of the amount of payments. The decision will depend on how severe the reduction in the payer’s income is after retirement. Retirement is not the only factor that a judge will look at to determine if the maintenance payments should be changed, but it does fall under the “substantial change in circumstances” umbrella.

Continue Reading ››