Recent Blog Posts

Family Sues School District for Emotional Trauma

 Posted on February 03, 2013 in Personal Injury

Field trips are meant to be exciting for schoolchildren.  It’s an opportunity to stop doing math equations and hang out with classmates.  Unfortunately for a ten year old girl from Wilmington, a trip to a Chicago Wolves game ended in total embarrassment.

On the way home from the game in January of 2012, this girl had to use the bathroom.  Despite asking to stop for a break, neither the bus driver nor any of the teachers stopped the bus at a gas station or store on the way home.  The teachers came up with a different plan to let the girl relieve herself.

The girl was instructed to urinate into a cup while standing on the front steps of the bus.  Teachers shielded the girl from being seen by her classmates by using their winter coats.  The bus finally stopped to allow the girl to empty the contents of the cup.

Once her parents, Todd and Lisa Holmes heard of this, they decided to sue for the emotional distress which their family suffered.  On January 8th of 2013, they filed a personal injury lawsuit in Cook County Circuit Court.  They are accusing the Wilmington School District 209U, Superintendent Jay Plese, Wilmington Middle School, Illinois Central School Bus, and two teachers of intentional affliction of emotional distress.  They are seeking over $150,000 in damages for the humiliation of their ten year old daughter, Jan Doe in the court filing.

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John Cleese selling memorabilia to cover divorce costs

 Posted on January 30, 2013 in Family Law

Quite often, when you read about a celebrity divorce, you hear about a very expensive divorce settlement. “Monty Python” star John Cleese's divorce is no different, but his reaction to it is something you don't read about that often. Cleese has started selling memorabilia from his Monty Python days to fund his pricey divorce from Alyce Faye Eichelberger. The Huffington Post divorce section reported a story on Cleese's actions.

After his 2008 divorce and 2009 divorce settlement led to Cleese paying his ex-wife one million dollars in cash and assets, with an additional almost $1 million a year until 2016, Cleese has been taking action against this financial setback. According to the Daily Mail, Cleese started by doing a stand-up comed tour called Alimony Tour, proceeded to move to Monaco to avoid high taxes, and now he is selling memorabilia from his Monty Python days.

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Teen Left Brain Damaged in Accident Dies

 Posted on January 30, 2013 in Personal Injury

Last year on February 26th, an eighth grader named Hunter Himes was biking home down the sidewalk of Lemont Road in Darien.  At the same time, 39 year old Timothy Hagan was driving his two sons to dinner and was taking a turn onto Lemont Road from Beller Drive.  As he made the turn, he hit the young boy on his bike and trapped him under the car.

The car had to be lifted using two high pressure air bags.  Once the medical staff was able to extract the boy from under the car, he was unconscious and suffered serious injuries from the car accident.  When he was examined at a local hospital, the doctors found that he had sustained major brain damage and had lost nearly all of the movement in his body.  After multiple surgeries, he was sent home confined to a wheelchair.

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Out of Unhappiness and Into Divorce

 Posted on January 27, 2013 in Family Law

Divorce can come with a stigma, and many people, especially women, stay in loveless marriages long after the romance is gone to avoid it. According to the Huffington Post, many mid-life women are wrought with unhappiness, and “they just don’t want to be married anymore.” A study released and reported on Canada.com earlier this year reports that after age 48, women are far less happy than men, even if they enter adulthood happier. Anke Plagnol, who co-authored the study said women end up less happy “because they become less likely to have a happy marriage or have the things they want as life goes on.” 

The desire for a happy marriage was recorded across the board, and Plagnol told Canada that, “when it comes to family life, men and women start off wanting the same thing.” More women are married in their 20s than men, and this could contribute to the statistics that more women in their 20s are happier. Once women enter mid-life, they’re often empty-nested and without satisfying careers, and realize that their marriage isn’t what they want anymore. According to the Huffington Post, many women stick out unhappy marriages for the kids—an AARP study found that 33 percent of respondents “agreed that even if you’re unhappy, you should stick it out for the children.” That figure is up 20 percent from a similar survey in 1970.

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Chicago Doctor Guilty of Fraud and Malpractice

 Posted on January 27, 2013 in Personal Injury

A Chicago ophthalmologist was indicted by a federal grand jury in November 2012 for defrauding his employees' pension benefit plan of nearly $200,000, according to a story in the Chicago Tribune. Dr. Nicholas Caro was charged with obtaining money from the pension plan. The five-count indictment includes one for embezzlement and four for mail fraud. The indictment alleges that Caro withdrew pension funds from investment firms, deposited the funds to his and his wife’s bank accounts and used the funds on personal expenses.

In 2010, Caro was barred from performing eye surgeries in Illinois for engaging in unprofessional conduct and gross negligence. Furthermore, his medical license was suspended for a month and he was banned from performing operations that change the curvature of the cornea, including Lasik surgeries. A fine of $10,000 was also issued against him.

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Judge Questions Courts Jurisdiction on Transgender Divorce Case

 Posted on January 24, 2013 in Family Law

A divorce case currently in the Phoenix family courts could end up having far-reaching effects throughout the country. The case involves an Arizona man, born a woman, who had a sex change operation but retained his female reproductive organs after he had the operation. The family court judge who is hearing the divorce is questioning whether or not Arizona’s same-sex marriage ban bars him from even recognizing the validity of the marriage, never mind ending it.

Thomas Beatie, born Tracy, began testosterone treatments in 1997 and underwent double mastectomy and chest reconstruction surgery in 2002. His name was legally changed to Thomas by a Hawaiian court, where he resided at the time. He married his wife in 2003, and since she was unable to conceive, he conceived with donated sperm. The couple has three children, ages 4, 3 and 2 years old.

In a Marin Independent Journal report, the presiding judge on the case points out that Arizona has banned same-sex marriages and refuses to accept those performed in other states. The judge added no court there is allowed to declare same-sex unions valid. The question posed in this case is whether a judge has jurisdiction to grant a divorce in a marriage involving a transgender person.

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Roadway Deaths on the Rise in Illinois

 Posted on January 23, 2013 in Personal Injury

In 2012, the total number of roadway deaths increased by 4 percent, the Chicago Tribune reported on January 8. In the second half of the year, an awareness campaign was launched that had a running tally of traffic casualties on highway message boards. The campaign seems to have been effective:  the number of roadway deaths decreased somewhat after the electronic signs started displaying the 2012 death toll. "I can't point to that and say (the signs were) the reason. But obviously, raising awareness helps us in that campaign," said State Transportation Secretary Ann Schneider.

 According to Illinois Department of Transportation, the signs have been received mainly well by the general public. Some have criticized the signs suggesting that they may distract drivers trying to concentrate on traffic. The fatality figures will continue to be displayed throughout the year and will began showing this year’s figures in a few weeks.

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Child Custody and Social Media

 Posted on January 21, 2013 in Family Law

The St. Louis Post Dispatch recently published a story about a newly divorced woman who discovered her ex-husband had posted photos of their children on his dating website profile. The woman was furious and confronted her ex over what she considered the inappropriateness of the posting. How did her ex respond to her objections? He blocked her from being able to view his profile.

The popularity explosion of social networking sites, dating sites and other online venues raises the question of “who gets custody of a child’s online footprint” after the divorce. The mother who was upset about her children’s photo on the dating site told the newspaper that she wished she had realized the potential of such a situation during the divorce. “It may have been helpful to have established some ground rules about their children’s digital exposure as part of the custody agreement,” she said.

But the issue can turn an already acrimonious situation even more so. One parent may insist on absolutely no postings of photos or information on social networking sites, while the other parent may feel it’s the best way to share with family members who live a distance away.

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Texting While Driving in Illinois

 Posted on January 20, 2013 in Personal Injury

New laws restricting the use of cell phones while driving went into effect in Illinois on January 1 of this year, according to HandsFreeInfo.com. One new law “bars commercial drivers from texting or using handheld cell phones while driving,” which really just brings Chicago up to snuff with federal laws already in effect that currently restrict commercial drivers from texting or using handheld phones while driving. The other “adjusts current restrictions on cell phone use in school and roadway work zones,” by expanding the definition of highway work zones while “allowing for voice-activated and one-button use of cell phones in school and roadway work zones.”

Chicago was one of the first big cities to propose distracted driving regulations, which are now in effect in several cities across the country. Other distracted behaviors include reading, writing, grooming, and interacting with pets. There’s a flat $75 fine for any distracted driving ticket. According to ABC News and data from the National Highway Traffic Safety Administration, cellular use by drivers “contributed to 57 fatal crashes in 1997, the latest data available.” There’s no doubt that with the proliferation of cell phones this number has risen proportionately.

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The Six Legal Steps of the Divorce Process

 Posted on January 18, 2013 in Family Law

Divorce is a major change in anyone’s life.  This change can lead to some stress about the uncertainty of what is going to come next.  To alleviate any unnecessary strain, it is important to understand the legal process of divorce.

1. File the Petition for Divorce

The petition serves essentially as a notice to the other spouse and to the divorce court that one spouse (the petitioner) wants a divorce.  The petition includes basic information about the divorce such as custody, support, and the grounds for divorce.

2. Serve the Petition and Summons to Appear in Court

The petition is then served to the other spouse (the respondent) in a process called “service of process.”  It is necessary that the defendant signs this notice.  If the divorce is amicable, this shouldn’t be an issue.  If the divorce is contentious, professional process servers can deliver the paperwork.

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