A suicide bomber killed C.I.A. Agent, Elizabeth Hanson, at a base in the Afghan mountains. On December 30th, Hanson was slain along with three American security guards, four CI.A. agents, and a Jordanian intelligence officer.
An armed Taliban member carried out the attack with explosives, and was apparently invited on the base. The C.I.A. allegedly utilized the Taliban member to gather intelligence information, before he sacrificed his life and others for the sake of his cause.
Hanson was a 1997 graduate of a private college prep school in Rockford, where she played tennis and worked on the yearbook. Next to Hanson’s photo in her class’ Senior Yearbook is an inspiring quote: “It is good to have an end to journey toward; but it is the journey that matters, in the end.”
The Crosby Law Firm would like to thank Elizabeth Hanson for her valuable service to the United States, and the Hanson Family will be in our thoughts and prayers.
Click here to view the orignial and more.
Thursday, January 28, 2010
Tuesday, January 26, 2010
Will Google Say Goodbye to China?
San Francisco based Google may pull its highly popular search engine from Chinese cyberspace, reported the Financial Times.
The move comes after Google complied with censorship requirements of the Chinese government, a controversial position initially taken by the company in 2006. Goggle’s stance to comply with China’s stringent internet policies clearly did not sit well with some of the company’s high ranking corporate officials. An attempt by hackers to break into Google’s popular email service, Gmail, prompted the internet giant to reconsider its presence in the communist nation.
The cyber-attack came from within China, but Google has said it does not believe the Chinese Government sanctioned the attack.
Many popular websites, including facebook, are unavailable in China due to government-imposed censorship. As well, many websites tailor their content to the parameters of government regulation. Google had tailored its content to meet censorship requirements in the past, but only time will tell if Google and China will go their separate ways.
Make sure you see a lawyer that will not censor you.
Click here for the original and more.
The move comes after Google complied with censorship requirements of the Chinese government, a controversial position initially taken by the company in 2006. Goggle’s stance to comply with China’s stringent internet policies clearly did not sit well with some of the company’s high ranking corporate officials. An attempt by hackers to break into Google’s popular email service, Gmail, prompted the internet giant to reconsider its presence in the communist nation.
The cyber-attack came from within China, but Google has said it does not believe the Chinese Government sanctioned the attack.
Many popular websites, including facebook, are unavailable in China due to government-imposed censorship. As well, many websites tailor their content to the parameters of government regulation. Google had tailored its content to meet censorship requirements in the past, but only time will tell if Google and China will go their separate ways.
Make sure you see a lawyer that will not censor you.
Click here for the original and more.
Jordan Sues Grocery Chains
NBC recently reported that superstar athlete Michael Jordan has filled lawsuits against two major Chicagoland grocery stores, Jewel and Dominick’s.
The former Chicago Bull alleges that he has been injured from the grocery stores’ unauthorized use his identity. The claims stem from two separate ads taken out by Jewel and Dominick’s, both of which congratulate Jordan on his recent hall-of-fame induction.
Jordan’s alleges he was injured when both stores used his name in advertisements without his permission.According to the law, you can be injured without a scratch on your body.
Although physical injury is required for “Personal Injury” lawsuits, you may be entitled to relief from other types of harm, such as “Economic Injury.” A breach of contract, for example, may cost you money that you can recover in court. Have you been the victim of “Economic Injury?”
Michael Jordan claims these advertisements injured him to the tune of $10,000,000.
Both advertisements were taken out in a commemorative issue of Sports Illustrated, congratulating Jordan on his recent hall-of-fame success. To MJ, the grocery stores’ salutary advertisements were a crafty way of using his name and likeness against his will. Furthermore, Jordan claims the ads unlawfully imply that he endorses the grocery stores or products on the page.
Air Jordan also claims that Jewel’s ad contains an “inaccurate and misleading copy of Air Jordan basketball shoes.”
Click here for the original and more.
The former Chicago Bull alleges that he has been injured from the grocery stores’ unauthorized use his identity. The claims stem from two separate ads taken out by Jewel and Dominick’s, both of which congratulate Jordan on his recent hall-of-fame induction.
Jordan’s alleges he was injured when both stores used his name in advertisements without his permission.According to the law, you can be injured without a scratch on your body.
Although physical injury is required for “Personal Injury” lawsuits, you may be entitled to relief from other types of harm, such as “Economic Injury.” A breach of contract, for example, may cost you money that you can recover in court. Have you been the victim of “Economic Injury?”
Michael Jordan claims these advertisements injured him to the tune of $10,000,000.
Both advertisements were taken out in a commemorative issue of Sports Illustrated, congratulating Jordan on his recent hall-of-fame success. To MJ, the grocery stores’ salutary advertisements were a crafty way of using his name and likeness against his will. Furthermore, Jordan claims the ads unlawfully imply that he endorses the grocery stores or products on the page.
Air Jordan also claims that Jewel’s ad contains an “inaccurate and misleading copy of Air Jordan basketball shoes.”
Click here for the original and more.
Combating Pitfalls of the IL Prison System
Last month's American Bar Association Journal included an article explaining the position of Malcolm Young, who is a scholar at Northwestern School of Law. According to Young, more states should follow the lead of New York and take a more rehabilitative approach to solve prison system problems.
Young authored a report called “Controlling Corrections Costs in Illinois: lessons from the Coasts.” He argues that New York's pragmatic approach illustrates the premise that not all low-level offenders need to be locked up.
Some states treat low-level crimes the same way they treat other crimes, with jail-time. Other states focus on rehabilitating drug-users, instead of punishing them. If you have been arrested for a drug-offense or any other crime, you need a lawyer to protect you. Will the court send you to jail or rehab? The answer depends the laws of your state and the knowledge of your attorney.
Malcolm Young wants to see drug treatment, rehabilitation, and a reduction in minimum-mandatory sentences in Illinois.
Presumably, Young will be pleased to see new laws in Illinois, which emphasize more rehabilitation and less punishment.
Until January first, Illinois was one of the handful of states that typically try minors as adults in the criminal setting. In Connecticut, young persons age 16 and up are tried as adults, and it depends on the severity of the offense in states like Washington.
In Illinois as well, whether minors will be tried as adults now depends on the severity of the offense. Illinois will join the 38 other states that try minors charged with misdemeanor offenses in juvenile court, where rehabilitation is heavily emphasized. However, persons 17 years and older charged with a felony will still be tried as adults in Illinois.
Another law set to rehabilitate juvenile delinquents is the Redeploy Illinois Program. The Program will allow smaller Illinois counties the opportunity to apply for services to help troubled children where they are, instead of pushing them through the costly state youth prison system.
A third new Illinois law also takes a step back from the “tough-on-crime” approach. Public Act 96-0707, as it is called, provides for the automatic expungement of first-offense misdemeanor for juveniles when they turn 18 (or upon the completion of the sentence, whichever comes later).
These new reforms not withstanding, Malcolm Young is not the only one pleading for change. The Illinois prison system is still understaffed and lacks a rehabilitative focus, according to the results of a two-year study reported by the John Howard Association of Illinois.
Click here for the original and more.
Young authored a report called “Controlling Corrections Costs in Illinois: lessons from the Coasts.” He argues that New York's pragmatic approach illustrates the premise that not all low-level offenders need to be locked up.
Some states treat low-level crimes the same way they treat other crimes, with jail-time. Other states focus on rehabilitating drug-users, instead of punishing them. If you have been arrested for a drug-offense or any other crime, you need a lawyer to protect you. Will the court send you to jail or rehab? The answer depends the laws of your state and the knowledge of your attorney.
Malcolm Young wants to see drug treatment, rehabilitation, and a reduction in minimum-mandatory sentences in Illinois.
Presumably, Young will be pleased to see new laws in Illinois, which emphasize more rehabilitation and less punishment.
Until January first, Illinois was one of the handful of states that typically try minors as adults in the criminal setting. In Connecticut, young persons age 16 and up are tried as adults, and it depends on the severity of the offense in states like Washington.
In Illinois as well, whether minors will be tried as adults now depends on the severity of the offense. Illinois will join the 38 other states that try minors charged with misdemeanor offenses in juvenile court, where rehabilitation is heavily emphasized. However, persons 17 years and older charged with a felony will still be tried as adults in Illinois.
Another law set to rehabilitate juvenile delinquents is the Redeploy Illinois Program. The Program will allow smaller Illinois counties the opportunity to apply for services to help troubled children where they are, instead of pushing them through the costly state youth prison system.
A third new Illinois law also takes a step back from the “tough-on-crime” approach. Public Act 96-0707, as it is called, provides for the automatic expungement of first-offense misdemeanor for juveniles when they turn 18 (or upon the completion of the sentence, whichever comes later).
These new reforms not withstanding, Malcolm Young is not the only one pleading for change. The Illinois prison system is still understaffed and lacks a rehabilitative focus, according to the results of a two-year study reported by the John Howard Association of Illinois.
Click here for the original and more.
UPS Cuts Jobs in Rockford
About 100 part-time employees are being cut from a UPS facility in Rockford, but full-time employees are said to be unaffected. UPS points to the current economic recession as the cause of a drop in volume, which resulted in lay-offs.
The UPS facility, which is located at Chicago Rockford International Airport, apparently may call back laid-off employees when business picks up.
600 seasonal employees were also laid off at the end of December, which is standard procedure. The UPS facility was added to Rockford International Airport in the early 1990s and is located just off the Kishwaukee River.Due to the current economic recession, unemployment rates have sky-rocketed across the nation, especially in Rockford.
Are you are in financial trouble, you need an attorney.
Click here for the orignial and more.
The UPS facility, which is located at Chicago Rockford International Airport, apparently may call back laid-off employees when business picks up.
600 seasonal employees were also laid off at the end of December, which is standard procedure. The UPS facility was added to Rockford International Airport in the early 1990s and is located just off the Kishwaukee River.Due to the current economic recession, unemployment rates have sky-rocketed across the nation, especially in Rockford.
Are you are in financial trouble, you need an attorney.
Click here for the orignial and more.
Don’t Let the Bedbugs Bite
In the past few years, New York City has seen a dramatic increase in the number of reported cases of bedbug infestations. The City Council even established a bedbug advisory board.
Although the little critters are said to pose no dangerous health risk, they can be costly and cause pyschological harm (not to mention—they can be really annoying).
Be sure to inquire about the condition of your home before you purchase, and be sure to have a lawyer protect your legal rights. Never buy or sell real estate without the help of an attorney.
As a general priniciple of real estate law, sellers are obligated to disclose major problems with a residence when asked by a potential buyer.
The thinking is this: if the buyer knows of a problem before hand, he or she can potentially eliminate the problem before moving in.
Just as the mold or noise issues have long been included on the standard form contracts, some attorneys in NYC are now including bedbug issues in standard contracts too. That way buyers are forewarned in writing.
It is illegal for a home-sellers to knowingly provide false information to a home-buyer. If you bought a home under false pretenses, hire an attorney.
Click here for the original and more.
Although the little critters are said to pose no dangerous health risk, they can be costly and cause pyschological harm (not to mention—they can be really annoying).
Be sure to inquire about the condition of your home before you purchase, and be sure to have a lawyer protect your legal rights. Never buy or sell real estate without the help of an attorney.
As a general priniciple of real estate law, sellers are obligated to disclose major problems with a residence when asked by a potential buyer.
The thinking is this: if the buyer knows of a problem before hand, he or she can potentially eliminate the problem before moving in.
Just as the mold or noise issues have long been included on the standard form contracts, some attorneys in NYC are now including bedbug issues in standard contracts too. That way buyers are forewarned in writing.
It is illegal for a home-sellers to knowingly provide false information to a home-buyer. If you bought a home under false pretenses, hire an attorney.
Click here for the original and more.
U.S. & Indian Tribes to Settle for $3.4 Billion
The U.S. Government last month settled one of its largest class action lawsuits in history. President Obama’s Attorney General Eric Holder agreed to settle a claim Indian Tribes brought against the United States in 1996. The claim accused the United States Government of mismanaging the trust funds of over 300,000 American Indians.
The U.S. Government assigned American Indians land with a program that dates back to the 1880s. Long since assigning the land to American Indians, the U.S. Government now manages 56 million acres of Indian Trust land.
The system is simple enough: the Department of Interior leases the land in trust for the purpose of natural resource extraction (such as oil or timber), and subsequently distributes that revenue to various Indian Tribes.
After the case came in front of a federal appellate court 10 times, it will finally be settled for $3.4 billion. Indian tribes point to accounting irregularities and claim they were owed drastically more than the government paid out. Are you owed more than you are paid?
Click here for the original and more.
The U.S. Government assigned American Indians land with a program that dates back to the 1880s. Long since assigning the land to American Indians, the U.S. Government now manages 56 million acres of Indian Trust land.
The system is simple enough: the Department of Interior leases the land in trust for the purpose of natural resource extraction (such as oil or timber), and subsequently distributes that revenue to various Indian Tribes.
After the case came in front of a federal appellate court 10 times, it will finally be settled for $3.4 billion. Indian tribes point to accounting irregularities and claim they were owed drastically more than the government paid out. Are you owed more than you are paid?
Click here for the original and more.
Business Owners Welcome Fire Code ‘Clarification’
A new law promulgated by the National Fire Protection Association will affect businesses with grills or fryers that produce “grease-laden vapors.” As such, restaurants, bars, and churches may be affected.
UL-300, as it has come to be known, requires businesses to install nozzles capable of spraying chemicals to extinguish grease fires. For businesses to properly comply with UL-300, the State Fire Marshall’s Office first explained, it must also comply with another standard called National Fire Protection Association Standard 96 (NFPA 96). NFPA 96 requires businesses install 18-gauge stainless-steel hoods, vents and pricey exhaust ducts.
In an effort to comply with NFPA 96 (and thus UL-300), several business received estimates of upwards of $10,000 to install the hood and duct systems thought necessary to comply. Several small business owners also considered shutting their doors, as complying with NFPA 96 would have been financially infeasible.
Fortunately for business owners, the State Fire Marshall’s Office reversed positions. Now, compliance with NFPA 96 is not a requisite for compliance with UL-300. In other words, a business with a hood and duct system, which complied with NFPA standards at the time of installation, is grandfathered in.
Despite the misunderstanding, businesses will still have to comply with UL-300 by installing chemical fire extinguishing systems. But most existing businesses will not have to comply with NFPA 96.Please Note: although you may be grandfathered in by law, your insurance policy might require your business to comply with the most current safety codes. If you own a small business, talk with an attorney to be sure your business meets ALL necessary saftey requirements.
UL-300, as it has come to be known, requires businesses to install nozzles capable of spraying chemicals to extinguish grease fires. For businesses to properly comply with UL-300, the State Fire Marshall’s Office first explained, it must also comply with another standard called National Fire Protection Association Standard 96 (NFPA 96). NFPA 96 requires businesses install 18-gauge stainless-steel hoods, vents and pricey exhaust ducts.
In an effort to comply with NFPA 96 (and thus UL-300), several business received estimates of upwards of $10,000 to install the hood and duct systems thought necessary to comply. Several small business owners also considered shutting their doors, as complying with NFPA 96 would have been financially infeasible.
Fortunately for business owners, the State Fire Marshall’s Office reversed positions. Now, compliance with NFPA 96 is not a requisite for compliance with UL-300. In other words, a business with a hood and duct system, which complied with NFPA standards at the time of installation, is grandfathered in.
Despite the misunderstanding, businesses will still have to comply with UL-300 by installing chemical fire extinguishing systems. But most existing businesses will not have to comply with NFPA 96.Please Note: although you may be grandfathered in by law, your insurance policy might require your business to comply with the most current safety codes. If you own a small business, talk with an attorney to be sure your business meets ALL necessary saftey requirements.
Healthcare Overhaul Touches on Medical Malpractice
On Christmas Eve the U.S. Senate passed a sweeping healthcare measure with absolutely no votes to spare. The next step is to reconcile the Senate bill with a similar measure in the U.S. House of Representatives. This “conference committee,” as it is called, is set to convene early next year.
The Debate over healthcare has highlighted major issues related to health insurance, such as medical malpractice reform.
Early on, Republicans sought to include medical malpractice reforms in the healthcare overhaul as a means of reducing costs. As it became clear Republicans would be taking a hard stance on the healthcare overhaul, Democrats were forced to make concessions. The result: bits and pieces of the healthcare bill have been crumbling away.
Although some medical malpractice language is included in the Senate Version, the provision is largely symbolic. The bill only suggests that states institute their own policies to resolve more medical malpractice disputes out of court.
Such a proposal already exists in the Massachusetts state legislature, which would require all medical-malpractice disputes to engage in non-binding mediation before working through the Massachusetts judiciary. The proposal would also provide doctors with an opportunity to apologize without incriminating themselves.
Healthcare reform legislation is designed to provide 31 million Americans with government health-care, the biggest expansion in health-care since the creation of Medicare in 1965. Such an overhaul has brought attention to medical malpractice, but at the same time has pushed it aside.
Doctors are obligated to provide their patients with non-negligent care. If you have been injured due to a doctor’s carelessness, talk to a lawyer
Click here for the original and more.
The Debate over healthcare has highlighted major issues related to health insurance, such as medical malpractice reform.
Early on, Republicans sought to include medical malpractice reforms in the healthcare overhaul as a means of reducing costs. As it became clear Republicans would be taking a hard stance on the healthcare overhaul, Democrats were forced to make concessions. The result: bits and pieces of the healthcare bill have been crumbling away.
Although some medical malpractice language is included in the Senate Version, the provision is largely symbolic. The bill only suggests that states institute their own policies to resolve more medical malpractice disputes out of court.
Such a proposal already exists in the Massachusetts state legislature, which would require all medical-malpractice disputes to engage in non-binding mediation before working through the Massachusetts judiciary. The proposal would also provide doctors with an opportunity to apologize without incriminating themselves.
Healthcare reform legislation is designed to provide 31 million Americans with government health-care, the biggest expansion in health-care since the creation of Medicare in 1965. Such an overhaul has brought attention to medical malpractice, but at the same time has pushed it aside.
Doctors are obligated to provide their patients with non-negligent care. If you have been injured due to a doctor’s carelessness, talk to a lawyer
Click here for the original and more.
Rockford Officers Cleared of Homicide
Officers Stan North and Oda Poole, of the Rockford Police Department, killed Mark Barmore on August 24, 2009. 24 year-old Barmore was involved in a struggle with the officers in Kingdom Authority Church in Rockford, before shots were fired.
News media and investigators have both reported conflicting testimony. The officers involved explained that it appeared as if Barmore was reaching for a gun, but others claim this is simply not true. Multiple witnesses explained that Barmore, who was unarmed, surrendered to police before he was shot in the day-care facility of the Rockford church.
On December 23, 2009, four months after the death of Mark Barmore, a Winnebago County grand jury cleared the two officers of the killing.
Rev. Jesse Jackson has made several trips to Rockford to show support and sympathy for the Barmore family. In his most recent visit, Rev. Jackson called the grand jury determination a “miscarriage of justice.”
Jackson and others are calling for a federal investigation by the Department of Justice, but the Department of Justice has only sent mediators to ease racial tension. No federal investigation has been launched.
Thousands of people have attended rallies to protest the killing, but the Winnebago County State’s Attorney considers the shooting justified.
Click here to see the original and more.
News media and investigators have both reported conflicting testimony. The officers involved explained that it appeared as if Barmore was reaching for a gun, but others claim this is simply not true. Multiple witnesses explained that Barmore, who was unarmed, surrendered to police before he was shot in the day-care facility of the Rockford church.
On December 23, 2009, four months after the death of Mark Barmore, a Winnebago County grand jury cleared the two officers of the killing.
Rev. Jesse Jackson has made several trips to Rockford to show support and sympathy for the Barmore family. In his most recent visit, Rev. Jackson called the grand jury determination a “miscarriage of justice.”
Jackson and others are calling for a federal investigation by the Department of Justice, but the Department of Justice has only sent mediators to ease racial tension. No federal investigation has been launched.
Thousands of people have attended rallies to protest the killing, but the Winnebago County State’s Attorney considers the shooting justified.
Click here to see the original and more.
Bankruptcy: do Student Loans Apply?
Much to the dismay of college kids, student loans are on the short list of exceptions to what a debtor can “discharge” by filing for bankruptcy. Bankruptcy can have the affect of freeing debtors from almost all of their bills, except student loans.
The student loan exception, creditors argue, encourages banks to lend to students in need and ultimately leads to more opportunity for people to get educated. Expectedly, the greater likelihood that debtors will use bankruptcy to “discharge” their loans, the less likely creditors are to lend money.
Now, lenders are questioning the reliability of the student loan exception.
Although student loan debts cannot typically be “discharged,” the bankruptcy code allows the judge under certain circumstances to “restructure” a student loan debt to make it repayable.
The whole flurry of this debate centers on what circumstances allow the “restructuring” of student loans. Undoubtedly, advocates of creditors and advocates of debtors will spend thousands of dollars and hours in an effort to influence the Supreme Court’s determination of exactly what circumstances allow a judge to “restructure” a student loan debt.
The banking industry argues that a student loan debt may be “restructured” only after the court has held that forcing the debtor to pay the full amount would result in “undue hardship.”
A federal appeals court scolded members of the banking industry for arguing that debtors can be free from student loan payments only after an adversarial hearing to determine “undue hardship.”
Proponents of consumer rights argue that “undue hardship” can be determined without an adversarial hearing and that mandating such a hearing is ridiculous.
The Supreme Court has agreed take the case.If you are in financial trouble, call the Crosby Law Firm at 815-397-2006 to find out your options.
The student loan exception, creditors argue, encourages banks to lend to students in need and ultimately leads to more opportunity for people to get educated. Expectedly, the greater likelihood that debtors will use bankruptcy to “discharge” their loans, the less likely creditors are to lend money.
Now, lenders are questioning the reliability of the student loan exception.
Although student loan debts cannot typically be “discharged,” the bankruptcy code allows the judge under certain circumstances to “restructure” a student loan debt to make it repayable.
The whole flurry of this debate centers on what circumstances allow the “restructuring” of student loans. Undoubtedly, advocates of creditors and advocates of debtors will spend thousands of dollars and hours in an effort to influence the Supreme Court’s determination of exactly what circumstances allow a judge to “restructure” a student loan debt.
The banking industry argues that a student loan debt may be “restructured” only after the court has held that forcing the debtor to pay the full amount would result in “undue hardship.”
A federal appeals court scolded members of the banking industry for arguing that debtors can be free from student loan payments only after an adversarial hearing to determine “undue hardship.”
Proponents of consumer rights argue that “undue hardship” can be determined without an adversarial hearing and that mandating such a hearing is ridiculous.
The Supreme Court has agreed take the case.If you are in financial trouble, call the Crosby Law Firm at 815-397-2006 to find out your options.
A New Year Comes with New Laws
This New Year, Illinois residents will have to get comfortable with a host of new laws that become effective on the first of January. Whether it is a change in tax policies or hunting policies, it seems the Illinois legislature has left no stone unturned. New licensing restrictions will apply for professionals from lobbyists to community managers. 2010 has something in store for everyone.
Of the laws set to debut 2010, many are designed to protect parents and their children, like amendments to “safe haven” laws. Illinois is set to extend the window of time that parents can drop unwanted newborns at a police station without facing prosecution for abandonment. Starting January first, the maximum age for “safe haven” babies will more than triple (from seven days to 30 days). “Safe haven” laws are becoming more lax next year, but other laws are set to tighten in 2010, like traffic laws.
Illinois will be Ringing in the New Year with a ban on text messaging while driving. Starting January 1, it will no longer be legal in Illinois to drive as you text message, email, or browse the web. Illinois will adopt stricter cell-phone limitations for teenagers, prohibiting drivers under 19 from conversing on a cell-phone without a hands free device.
Although this law makes it legal to discriminate against people who text and drive, another law will make it illegal to discriminate against someone because that person is the subject of a restraining order.
Amendments to the Illinois Human Rights Act will make outlaw employment discrimination based on the employee’s status as a restraining order recipient. Any negative job action against an individual, because the individual was the subject of a restraining order, will be illegal.
On the subject of employment, anyone employed as a lobbyist in Illinois should pay attention to the January first changes. New laws tighten the current restrictions on the profession, requiring weekly reporting by lobbyists when the General Assembly is in session and monthly reporting when the Assembly is out of session. The law also raises the annual registration fee for lobbyists from $350 to $1000, and eliminates the $100 threshold for reportable expenditures. Next year reportable expenditures must be released, no matter the cost.
Whether you are a veteran lobbyist or a new mother, you will probably be affected by the changes to Illinois laws this 2010. Make the most of the New Year, and consult an attorney to find out what laws will affect your daily life.
Merry Christmas from the Crosby Law Firm!
Are You an Informed Landlord?
The most recent edition of “Probate & Property,” a publication of the American Bar Association, examines how the law can help Landlords who face defaulting tenants.
Authors Marie Moore and Andrew Capitelli address several legal avenues a Landlord may wish to take, when facing a defaulting tenant. The Landlord’s options include reducing rent, reentering vacated premises, and hiring an attorney to sue for damages.
Landlords should always remember that, according to the law, a lease agreement can lack some of the strength that comes with an ordinary contract. Likewise, remedies for failing to fulfill a lease agreement differ from remedies for failing to fulfill a contract.
For example, the law may not allow Landlords to recover damages for lost profits, even when similar damages would be recoverable in an ordinary breach of contract. As Moore and Capitelli explain, “...a tenant’s obligation to pay its rent for the whole term is not as immutable as a borrowers obligation to pay a secured debt…”
The following is a list of some of the article’s best tips for Landlords:
Consult an attorney to protect your Real Estate needs, including your Landlord/Tenant relationship.
Authors Marie Moore and Andrew Capitelli address several legal avenues a Landlord may wish to take, when facing a defaulting tenant. The Landlord’s options include reducing rent, reentering vacated premises, and hiring an attorney to sue for damages.
Landlords should always remember that, according to the law, a lease agreement can lack some of the strength that comes with an ordinary contract. Likewise, remedies for failing to fulfill a lease agreement differ from remedies for failing to fulfill a contract.
For example, the law may not allow Landlords to recover damages for lost profits, even when similar damages would be recoverable in an ordinary breach of contract. As Moore and Capitelli explain, “...a tenant’s obligation to pay its rent for the whole term is not as immutable as a borrowers obligation to pay a secured debt…”
The following is a list of some of the article’s best tips for Landlords:
For tenants that have stopped paying rent but have not yet vacated, the Landlord has several options. If the landlord wishes to avoid an eviction, the Landlord usually has the option of suing for the amount of the unpaid rent. On the up side: the landlord usually maintains his right to sue as rent becomes due. On the down side: the Landlord must deal with the burden suing every time rent is due.
Tenants on the verge of bankruptcy usually do not fair well with Landlords. This is especially the case when with commercial tenancies, meaning the tenant runs business on the leased real estate. In these cases, the landlord may want to consider whether the financial circumstances might allow for a limited reduction in rent, and whether such rent reduction would salvage the Landlord-Tenant relationship.
In circumstances where a tenant defaults, the Landlord's right to recover for future rent may be limited if the Landlord reenters (even when the contract permits the Landlord reenter). As such, when a Landlord deals with a defaulting tenant, he or she should know how to do so in a way that best preserves the Landlord's right to recover unpaid rent.
Lastly, the Landlord should be sure to include in the lease the necessary language to assure his default rights (which vary by state) are enforceable
Consult an attorney to protect your Real Estate needs, including your Landlord/Tenant relationship.
Iraqi Elections and Constitutional Law
The Iraqi constitution requires elections to be held by January 16th, 2010. It was largely expected that the January 16th deadline would be met, until the Vice President of Iraq, Tariq al-Hashemi, vetoed an integral election law.
The Vice President reasoned that the would-be election law failed to represent Iraqis abroad.
Some say the veto itself was unconstitutional, since it was an action that obstructs Iraq’s constitutional obligations. What American law and Iraqi law have in common, is that the authority to govern stems from the country’s constitution. Theoretically, governments have no legitimate power in the absence of a constitution.
What is the Iraqi government to do if it does not meet the election deadline?
Jalal Talabani, the President of Iraq, has expressed major concerns that the deadline’s expiration will leave the Iraqi government with no authority to do its job. Members of the Iraqi Parliament, who are often lawyers, recognize the necessity of a constitution that is current.
As such, Parliamentarians who oppose the new election law might be putting their jobs on the line. Others in Iraq downplayed the seriousness of the Vice President’s veto, pointing to the ease with which the proposed election law can be amended.
In fact, following the Vice President’s veto, the Iraqi parliament convened an emergency session. Here, the parliament finally approved a law to hold elections early next year.
Nonetheless, meeting the January 16th deadline seems unlikely.
This has aroused some concern in the United States, because failing to hold elections may further complicate a troop-withdrawal planned for early next year.
The Vice President reasoned that the would-be election law failed to represent Iraqis abroad.
Some say the veto itself was unconstitutional, since it was an action that obstructs Iraq’s constitutional obligations. What American law and Iraqi law have in common, is that the authority to govern stems from the country’s constitution. Theoretically, governments have no legitimate power in the absence of a constitution.
What is the Iraqi government to do if it does not meet the election deadline?
Jalal Talabani, the President of Iraq, has expressed major concerns that the deadline’s expiration will leave the Iraqi government with no authority to do its job. Members of the Iraqi Parliament, who are often lawyers, recognize the necessity of a constitution that is current.
As such, Parliamentarians who oppose the new election law might be putting their jobs on the line. Others in Iraq downplayed the seriousness of the Vice President’s veto, pointing to the ease with which the proposed election law can be amended.
In fact, following the Vice President’s veto, the Iraqi parliament convened an emergency session. Here, the parliament finally approved a law to hold elections early next year.
Nonetheless, meeting the January 16th deadline seems unlikely.
This has aroused some concern in the United States, because failing to hold elections may further complicate a troop-withdrawal planned for early next year.
Thomson Correctional Center: a Prison for Alleged Terrorists?
Thomson is a rural Illinois village about 70 miles west of Rockford. The village of 559 people is less than one mile from the Mississippi River and is home to the Thomson Correctional Center.
Last week, the Rockford City Council voted to support the Thomson plan, a joint effort by federal and state officials to convert the Thomson Correctional Center to a maximum-security prison to detain about 100 terrorist suspects. The plan would require the federal government to purchase the prison from the state of Illinois.
Political support for the Thomson plan is split along party lines, perhaps because most people see a move like transporting suspected terrorists from Guantanamo Bay to Thomson as a victory for the Obama Administration.
This might be why so many prominent politicians and lawmakers, such as Governor Quinn, have expressed their support for the Thomson plan. Dick Durbin, a U.S. Senator from Illinois, recently toured the Thomson center with other lawmakers to galvanize support for the plan.
Whether support for President Obama is a factor even considered, many proponents of the Thomson plan point to the economic benefits as the most persuasive reason to support the plan. The Rockford Register Star reports that the Thomson plan may create as many as 3,600 jobs and up to one billion dollars.
The Thomson Correctional Center currently houses about 150 inmates, but has the capacity to hold about 1,600. Some say that filling these unused cells only makes sense in troubled economic times, such as these.
A similar debate occurred in the 1990s, when Thomson residents sparred over whether it was a good idea to build the prison to begin with. Here too, the economy was major consideration in the decision to bring the prison to Thomson.
Those who are leery to support the Thomson plan have also been reassured by the fact terrorist suspects will not be tried in Illinois courts.
Nevertheless, the prospect of economic development is becoming exceedingly persuasive. Elmer Monshower is a resident of Thomson, and his perspective is telling:
Mr. Monshower told the New York Times, “So long as the terrorists leave our duck stands alone and our deer stands alone, we’re tickled to have them—everyone needs jobs.”
Last week, the Rockford City Council voted to support the Thomson plan, a joint effort by federal and state officials to convert the Thomson Correctional Center to a maximum-security prison to detain about 100 terrorist suspects. The plan would require the federal government to purchase the prison from the state of Illinois.
Political support for the Thomson plan is split along party lines, perhaps because most people see a move like transporting suspected terrorists from Guantanamo Bay to Thomson as a victory for the Obama Administration.
This might be why so many prominent politicians and lawmakers, such as Governor Quinn, have expressed their support for the Thomson plan. Dick Durbin, a U.S. Senator from Illinois, recently toured the Thomson center with other lawmakers to galvanize support for the plan.
Whether support for President Obama is a factor even considered, many proponents of the Thomson plan point to the economic benefits as the most persuasive reason to support the plan. The Rockford Register Star reports that the Thomson plan may create as many as 3,600 jobs and up to one billion dollars.
The Thomson Correctional Center currently houses about 150 inmates, but has the capacity to hold about 1,600. Some say that filling these unused cells only makes sense in troubled economic times, such as these.
A similar debate occurred in the 1990s, when Thomson residents sparred over whether it was a good idea to build the prison to begin with. Here too, the economy was major consideration in the decision to bring the prison to Thomson.
Those who are leery to support the Thomson plan have also been reassured by the fact terrorist suspects will not be tried in Illinois courts.
Nevertheless, the prospect of economic development is becoming exceedingly persuasive. Elmer Monshower is a resident of Thomson, and his perspective is telling:
Mr. Monshower told the New York Times, “So long as the terrorists leave our duck stands alone and our deer stands alone, we’re tickled to have them—everyone needs jobs.”
Should a Divorce be Public Record
Since divorce law differs from state to state, divorce record accessibility varies among states. New York law, for instance, is seen as favorable to couples seeking to keep their divorce private. Courts in other states, including California and New Hampshire, are more likely to make the determination on a case-by-case basis.
Furthermore, states use different standards when evaluating whether divorce records should be sealed. California uses a standard based largely on whether sealing divorce records is necessary to keep the children safe.
Britney Spears had to adhere to the California standards when she underwent painstaking efforts to assure the media did not learn the details of her divorce from Kevin Federline.
Jennifer Anniston and Brad Pitt took a different route to keep their divorce records sealed. The couple used binding arbitration (rather than the court system) work out the details of their divorce.
The question of whether divorce records should be sealed often arises in the context famous marriages. Usually movie stars are the subject of secret divorces, but often politicians work to keep their divorce proceedings confidential as well.
For instance, John Kerry was asked to make the records of his divorce proceeding public when he was running for president but declined the request.
When the Governor of Nevada filed for divorce, he sought to invoke an ancient state law that allows parties of a divorce to keep records private. Many who wanted to see the governor’s divorce records made public, claimed the old Nevada statute does not apply to public officials.
If you get a divorce in Illinois, will it be public record?
Contact an attorney to be sure you receive all the protections you deserve
Furthermore, states use different standards when evaluating whether divorce records should be sealed. California uses a standard based largely on whether sealing divorce records is necessary to keep the children safe.
Britney Spears had to adhere to the California standards when she underwent painstaking efforts to assure the media did not learn the details of her divorce from Kevin Federline.
Jennifer Anniston and Brad Pitt took a different route to keep their divorce records sealed. The couple used binding arbitration (rather than the court system) work out the details of their divorce.
The question of whether divorce records should be sealed often arises in the context famous marriages. Usually movie stars are the subject of secret divorces, but often politicians work to keep their divorce proceedings confidential as well.
For instance, John Kerry was asked to make the records of his divorce proceeding public when he was running for president but declined the request.
When the Governor of Nevada filed for divorce, he sought to invoke an ancient state law that allows parties of a divorce to keep records private. Many who wanted to see the governor’s divorce records made public, claimed the old Nevada statute does not apply to public officials.
If you get a divorce in Illinois, will it be public record?
Contact an attorney to be sure you receive all the protections you deserve
Thursday, January 21, 2010
Swedish Company Moves Operations to Rockford
The Swedish engineering group Haldex is a heavy hitter in the Stockholm Stock exchange, and calls itself a “provider of proprietary and innovative solutions to the global vehicle industry…”
Haldex announced Monday that it will relocate the operations of its facility in Statesville, North Carolina to an existing Haldex plant in Rockford Illinois. The merger of the Statesville and Rockford facilities is said to implement by mid-2010.
“Following the merger and investments, the plant in Rockford will be astate-of-the-art operation with world-class processes in line with thelean manufacturing principles for production, development, quality,logistics and customer support,” BussinessWire.com reported.
If we are lucky, this merger will create more jobs in the area, but it will not solve the financial problems of the people of Rockford. If you are in financial trouble and want to know more about bankruptcy, call the Crosby Law Firm at 815-397-2006. Have legal questions? Ask An Attorney on The Crosby Law Firm facebook.
Haldex announced Monday that it will relocate the operations of its facility in Statesville, North Carolina to an existing Haldex plant in Rockford Illinois. The merger of the Statesville and Rockford facilities is said to implement by mid-2010.
“Following the merger and investments, the plant in Rockford will be astate-of-the-art operation with world-class processes in line with thelean manufacturing principles for production, development, quality,logistics and customer support,” BussinessWire.com reported.
If we are lucky, this merger will create more jobs in the area, but it will not solve the financial problems of the people of Rockford. If you are in financial trouble and want to know more about bankruptcy, call the Crosby Law Firm at 815-397-2006. Have legal questions? Ask An Attorney on The Crosby Law Firm facebook.
Subscribe to:
Posts (Atom)