Posted on October 18, 2019 in Employment Law

There are many issues that could arise between an employer and an employee. Wage disputes, discrimination, and retaliation claims are all common types of employee/employer disputes. When things like this are brought to light, it is often discovered that not just a single employee is experiencing these issues. This is when a class action lawsuit can come into play.

How Is a Class Action Lawsuit Different From a Regular Lawsuit?

A class action lawsuit is a claim that is taken to court that represents a group of people who have all been affected by an employer’s actions. Rather than multiple individual lawsuits against an employer, a class action lawsuit allows an attorney or group of attorneys to recover damages and compensation for all victims of an issue at once. In these cases, multiple individual lawsuits against a single employer may be impractical, and class action lawsuits can be an efficient way to process claims against an employer.

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 Posted on September 16, 2019 in Family Law

No matter the reason for the breakdown of your marriage, the divorce process will typically follow the same basic steps. After one spouse files a petition for divorce, the two of you will go through the discovery and negotiation process, and eventually you will reach a settlement, which will be entered in court as your final divorce decree. Though the process is fundamentally the same for all couples, some people will experience the process a bit differently, especially if they have a high net worth. In these cases, certain areas of the divorce process, such as discovery and negotiations, tend to be more contentious and drawn out because of the assets that are at stake. Here are a few other ways that a high net worth divorce may be different from typical divorces:

High Net Worth Divorces Typically Take Longer and Cost More

If one or both spouses earn a large income, they will typically have many more assets of significant value than the average couple. This can cause problems when it comes to divorce, and there may be more contention when it comes to asset division. These types of disputes may result in a longer negotiation process, which in turn will lead to more lawyer’s fees or court costs if the case goes to trial.

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 Posted on August 16, 2019 in Criminal Defense

Preventing driving while under the influence (DUI) has been the subject of many organizations and government entities for years. The National Highway Traffic Safety Administration (NHTSA) has had many past and present campaigns aimed at reducing the number of drunk driving incidents that occur. According to the NHTSA, there were nearly 11,000 people who died from drunk driving accidents in the United States in 2017. Another way that lawmakers are attempting to reduce the number of drunk driving fatalities is by placing harsh penalties on drunk driving offenses. The state of Illinois is no exception and a DUI conviction in Illinois carries serious consequences. 

DUI Penalties

DUI penalties in the state of Illinois are based on the details of the case. For example, penalties can vary depending on the offender’s age, the offender’s blood alcohol concentration (BAC), whether there was a child in the vehicle at the time of the stop, whether the driver was driving the wrong way on a one-way road, and whether or not the driver has had previous DUI convictions. Any of these aggravating factors can increase the severity of the penalties.

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 Posted on July 11, 2019 in Personal Injury

Most people do not ride their motorcycles all year, especially in Illinois. Summertime means there are typically more motorcycles out on the roads than any other time of the year. In general, more traffic accidents tend to occur during the summer between Memorial Day and Labor Day, and when those accidents involve motorcyclists, they can become even more serious than usual. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 5,100 cyclists killed in motorcycle accidents in 2017. Because of the nature of motorcycles, riders are 27 times more likely to be killed in a traffic accident and 5 times more likely to be injured than other motorists.

Keeping Yourself Safe on the Road

Motorcyclists only account for a small number of motorists, but they disproportionately account for nearly 14 percent of all traffic fatalities. As a cyclist, there are certain precautions you should take when riding to keep yourself safe:

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 Posted on June 11, 2019 in Employment Law

During the Civil War, Congress became concerned that certain suppliers of goods were not being entirely truthful with the products that they were supplying. Because of this, the False Claims Act (FCA) was created in 1863 with the purpose of prohibiting any person, entity, or company from defrauding the federal government. Since its beginnings, the False Claims Act has been amended dozens of times. Currently, the FCA also gives employees of companies and other private parties the opportunity to file what is known as a qui tam action against a party who they think has defrauded the government.

FCA Liability

The FCA specifically states certain actions that are forbidden. These actions can include any time a person or party knowingly presents a fraudulent claim to the federal government, makes or uses a fraudulent statement in order to gain money or avoid paying money owed to the government, or conspires to defraud the government by getting a claim paid. An important element to establish under the FCA is whether or not the offender had knowledge that he or she was acting in a false way. The person or entity must have submitted a false claim or statement to the government with the knowledge that information in the claim or statement was indeed false.

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 Posted on April 09, 2019 in Criminal Defense

In the United States, property crimes are fairly common. According to the Federal Bureau of Investigation (FBI), property crime includes offenses such as burglary, larceny/theft, motor vehicle theft, and arson. The FBI states that around 90 percent of property crimes reported in the U.S. in 2017 were either theft or burglary crimes. Though the current trends suggest that property crime has decreased in the past five years, it still remains a common issue in Illinois and throughout the U.S.

Burglary

According to the Illinois Criminal Code of 2012, burglary occurs when a person knowingly enters a watercraft, motor vehicle, aircraft, building, home, or other dwelling without authorization and intends to commit a felony or theft. The classification of burglary crimes depends on a couple of different factors. If a person does not cause damage to the place they are entering, then the crime is a Class 3 felony, carrying a sentence of two to five years in prison. If damage is caused to the place they are entering, then the crime is a Class 2 felony and carries a sentence of three to seven years in prison.

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 Posted on March 22, 2019 in Personal Injury

While everyone makes mistakes, when it comes to professionals like doctors, they are held to a higher standard because, in their work, lives are often on the line. According to the Journal of the American Medical Association (JAMA), medical malpractice is the third-leading cause of death in the United States, trailing behind heart disease and cancer. 

Being the victim of medical negligence typically involves much more than a physical injury. It can also result in significant emotional strain and financial loss as well. Medical malpractice cases are often confusing and tedious because there are so many laws surrounding them. Having a good understanding of these cases can be critical in prevailing in a medical malpractice lawsuit.

Elements of Medical Malpractice

In order to have a medical malpractice claim considered in court, yours must contain three key elements. If you want to have your case heard, you must have evidence that the following events occurred:

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 Posted on February 22, 2019 in Employment Law

Many states in the country have what is called “at will” employment. This means that an employer can fire an employee at any time for any reason. This can be problematic for many reasons, but thankfully, there are exceptions to this rule. One of those exceptions is the Illinois Whistleblower Act. This act protects and actually rewards employees who expose corruption, wrongdoing, and fraudulent behavior in their workplace. Many people fear employer retaliation, such as firing or demotion, if they are discovered to have reported issues at their companies, but the Whistleblower Act prohibits employers from doing so.

What Is the Whistleblower Act?

In 1991, the Illinois Whistleblower Act was created and enacted to allow employees to expose the fraudulent or illegal activity of employers, specifically government entities. The Act applies to all employers who have one or more employees and includes state and local government entities.

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 Posted on January 22, 2019 in Immigration

Each year, thousands of immigrants become permanent citizens of the United States. As the country was founded by immigrants, the U.S. promotes family unity by allowing U.S. citizens to petition for their foreign-born spouses to come to the U.S. to live with them permanently. In some cases, you can also petition for your spouse’s children to also come live permanently in the United States. Immigration law is extremely complex, and it can sometimes be difficult to understand what exactly you must do to file a petition. A knowledgeable Bolingbrook immigration lawyer can help you understand the process and the steps that must be followed.

Beginning Steps

The first thing you must do when petitioning to have your spouse come to the United States is fill out Form I-130, which is the Petition For Alien Resident form. If your spouse has already entered the United States lawfully, they must fill out Form I-485, which is the Application to Register Permanent Residence, and this must be submitted along with Form I-130. When you submit this form, you must also submit the filing fee, which is currently $535.

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 Posted on December 20, 2018 in Criminal Defense

Nothing is perfect -- not even the criminal justice system. Though we often put our faith in the system, sometimes mistakes do happen, and innocent people are convicted while those who are really guilty walk free. Because there is no way to eliminate mistakes entirely, United States and Illinois law allows for certain actions to be taken if you or your lawyer believe that you were wrongly convicted or that you did not have a fair trial. Whether a mistake was made intentionally or unintentionally in a criminal case, you always have the right to file an appeal.

Filing an Appeal

The time directly after conviction and sentencing is critical. You only have 30 days from your sentencing to file a Notice of Appeal with both the Illinois Circuit Court and the appropriate appellate court. In order for your appeal to be valid, it must be based on an error that took place during your trial. The Court of Appeals will not re-try your case -- they will be looking at the mistakes that were made, which can include:

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