The precedent exists unbroken to this day and requires the arresting officer to testify about the presence of children during a hearing. This is why signs throughout Illinois in school zones have smaller lettering saying "When children are present." In other words, the school zone speed only exists when children are present and otherwise it is the default speed for that road (prior posted speed limit).
The Chicago Tribune is reporting that the City of Chicago has finally come to terms with the legal flaws in their school speed zone camera plan. Illinois, thanks to a nearly 40 year legal opinion authored by the then-Illinois Attorney General will only cite a driver from exceeding a posted school speed zone if there are children present. This is a necessary element that the State must prove beyond a reasonable doubt to enforce the ticket.
The precedent exists unbroken to this day and requires the arresting officer to testify about the presence of children during a hearing. This is why signs throughout Illinois in school zones have smaller lettering saying "When children are present." In other words, the school zone speed only exists when children are present and otherwise it is the default speed for that road (prior posted speed limit).
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A Javan Macaque in Paso Robles California bit and severely injured a woman. According to the Chicago Tribune, the monkey was subsisting on Frost Flakes cereal and juice. Apparently, a monkey has a "dog-like bite" and bit the victim several times on her arms and fingers.
As a victim of an animal bite, that woman, if she was bitten in IL, would be able to seek damages from the owner of the pet. Chicago, in particular, has a dog-bite statute that provides remedies for pets, especially those from certain breeds or those that have a prior history of violent behavior. A Chicago Tribune article on a school district's battle against a discrimination lawsuit illustrates that a battle of experts may lead to victory, but only at great cost.
In 2004, District U-46, based in Elgin, IL, changed its district boundaries. In 2005 parents of children from District U-46 sued alleging that the boundary change was intentionally crafted to place minority students in substandard and overcrowded conditions. Further, the suit alleged that the District reduced these students' access to gifted and bilingual programs. The Chicago Tribune reports that Commonwealth Edison in Chicago has confirmed that three of its newly installed Smart Meters have started fires in consumers' homes. Smart Meters are electricity meters that provide both ComEd and homeowners with wireless information on electric usage patterns and allow ComEd to save on "meter maids" who read electric meters.
Smart Meters also can interact with appliances, allow ComEd to force shutdown of appliances during peak consumption times, and carry a number of concerns ranging from privacy concerns to health concerns from the wireless signals they emit to communicate with ComEd and appliances within the consumer's home. The Chicago Tribune has reported an amusing, but common, story of neighbors who use their respective property in incompatible ways that create conflict. According to a lawsuit filed, likely based on nuisance, breach of contract, and violations of the Condominium Property Act, 765 ILCS 605/1 et seq., a set of owners that had a condo in the building before the new owner ("Cat Lady"), have allergies to cats. Cat Lady has allegedly accumulated 20 cats in her single bedroom condo. The smell from the urine and feces has wafted, through shared ventilation, into the neighboring condos. The affected condo owners have sent letters notifying both the Cat Lady and the association (and its Board) of the issue. Even with notice, all parties failed to cure the issue and the offended parties sued.
Debt collectors are getting even more aggressive in the wake of the Great Financial Collapse of 2008. As more and more Americans lose their jobs, homes, and livelihoods, debt collectors have expanded their "playbook" to collect on the debts created by the moribund economic state.
The Chicago Tribune has posted an article describing the aggressive, and often illegal, tactics that debt collectors have employed since 2008. Some states, such as California, are pushing back through lawsuits, both public and private, as well as proposed new state laws to counter some of the more egregious tactics, including harassing phone calls, intimidation, and a flood of lawsuits where they mostly obtain judgments by default and seek to enforce their judgments by freezing assets or garnishing wages (if any). The Chicago Tribune has an article about a Second District Appellate ruling, Spanish Court Two Condominium Association v. Lisa Carlson, that has remarkably altered the status quo in condominium law regarding a condo association's right, under the Forcible Entry and Detainer Act, to seize an owner's condo for failure to pay association assessments until, through rental of the property, the assessment arrears are satisfied. 2012 Ill. App. LEXIS 544, *7-8 (Ill. App. Ct. 2d Dist. 2012); 735 ILCS 5/9-111 (West 2010).
The novel issue in the case revolved around whether the owner can countersue and claim as an affirmative defense that the association's "failure to maintain the common elements of the property as required in the condominium instrument." Id. at *8. Everyday products injure consumers in ways that could and could not have been foreseen. All of the various products we encounter in daily life usually have some kind of a warranty, either express or implied, in their use and operation. Most people are familiar with warranties when an object breaks or injures someone.
Employment litigation can often enter the news when it involves salacious or outrageous details, but newsworthy or not, not every employment dispute can be resolved through litigation. Retaliatory discharge (or demotion) claims can often be messy, but employers are not allowed under Federal and Illinois law to retaliate against employees for protected conduct. Employers can insulate themselves from liability by developing procedures and documentation. We can discuss with any size company measures that protect everyone from potential harm.
The anti-retaliation provision of Title VII of The Civil Rights Act of 1964 ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a person claiming to be aggrieved" to file a charge with the U.S. Equal Employment Opportunity Commission (the "EEOC") alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, the statute permits a civil lawsuit to "be brought . . . by the person claiming to be aggrieved . . . by the alleged unlawful employment practice." 42 U.S.C. § 2000e-5 (b), (f)(1). |
AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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