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St. Louis Legal Issues Blog

Shift the financial burden to the person liable for the accident

A personal injury claim can help innocent victims shift the financial burden of the incident from themselves to the party that is liable for the accident. This is important because many people don't have the money that it takes to get the medical care needed after a serious accident. Most won't have the funds to help with other damages, either.

When you file a personal injury claim, you have to look closely at the damages from the incident. Don't focus only on what you have already paid. You also need to think about what you might have to pay in the future, as well as what hidden expenses you might have.

Prisons Must Give Inmates Meat that meets their Religious Dietary Restrictions

The Federal Religious Land Use and Institutionalized Persons Act ("the Act") requires prisons to provide their inmates with meat that does not substantially burden their ability to practice religion.  In the case of a muslim inmate, serving 225 years for murder, this means providing him with Kosher meat, which he has accepted as an alternative to keeping Halal.  The U.S. Seventh Circuit relied on the U.S. Supreme Court decision in Burwell v. Hobby Lobby in ruling that the act prohibits prisons from imposing a substantial burden on the practice of religion by refusing to provide Kosher meat to a practising muslim under these circumstances. Roman Lee Jones v. Robert E. Carter, jr., commissioner, Indiana Department of Corrections.  (U.S. 7th Cir., Feb 15, 2019).

Facebook sues Chinese companies for bad-faith domain names

Facebook is taking aim at four Chinese companies over their use of multiple websites designed to mimic Facebook's holdings.

The lawsuit, which was filed in the United States Federal Court, alleges that four companies and three individuals are behind a cybersquatting scam that's meant to fool consumers. Cybersquatting is the practice of scooping up an unregistered website domain name that's similar to someone or something else famous and using it to capitalize off that person or entity's reputation.

Is it really a big deal if you do not wear your seat belt?

When you rush out of the house to go to work, pick up the kids from practice or get to the store before it closes, you might not always click your seat belt. Especially if you are staying close to home or not getting on the highway, you might think it is not a big deal.

Yet, you are probably familiar with Illinois’ “Click It or Ticket” campaign. And you likely always buckle your children into their seats correctly. However, if you are not in the habit of wearing your own safety belt, it might be good to think about the consequences you could face.

Minimize the damage you have from a business lawsuit

Owning a business comes with a lot of responsibilities. It is imperative that you make decisions based on what is best for the company. Unfortunately, there might come a time when you have some difficult choices to make if your company is facing a lawsuit. The goal, in this case, is going to have to be two-fold. You will have to try to minimize the impact that the legal matter has on your company while reducing the way that the preparation affects it.

Lawsuits in the business world can be very time-consuming and costly. The issue with this is that the time you spend preparing for the case takes time away from being able to run the company. You can minimize this impact by handing over the legal portion of the case to your attorney. This enables you to still remain an active part of the company while they prepare for the proceedings.

Practice safe driving through the rest of the winter

Driving during the winter months is a challenge for many motorists. It is important that you continue to use the safety practices that can help you get home safe. Unfortunately, not all drivers will do the same. You can't control them, but you can control what you do, so be sure to remember these points before you leave home.

One of the most important things to do is make sure that you leave plenty of time to get to your destination. Trying to rush when there is wintry precipitation or if the roads are slippery can lead to accidents that could have been prevented. Remember that you might have to drive considerably slower than the speed limit when you are on roads that aren't perfectly clear.

Don't let anyone steal your intellectual property

Works that you create are your intellectual property. This can include things like songs, poems, books or choreography. If you have any of these, you might be interested in protecting them so that others can't just take them. Unfortunately, there might be times when there are people who do try to steal your works. In these cases, you will have to take steps to get them to stop using your intellectual property.

We know that a legal battle might not be high on the list of things you want to do. But you can't just sit around and let them get away with using something they didn't create, especially when this is costing you money. They shouldn't be the ones who are getting the profit from your intellectual property. In fact, they should have to turn over any proceeds they made to you, which is one of the goals of these cases.

CONVICTED FELON QUALIFIES FOR GUN PERMIT

Illinois law allows for gun permits (FOID Cards) if the applicant (a) isn't likely to act in a manner dangerous to public safety (b) issuance of the permit would not be contrary to the public interest and (c) granting the permit would not be contrary to Federal Law.  The Federal Gun Control Act generally prohibits felons from possessing Firearms, unless their Civil Rights have been restored.  The Illinois Appellate Court held that a convicted felon met this requirement because he had his civil rights restored when he successfullly completed his probation sentence and was again elgible to serve on a jury.  The FOID applicant had been convicted of burglary and theft more than 20 years ago when he was sentenced to time served and probation.  While he was serving the probation sentence he was not elgible to serve on a jury.  When he completed that sentence he was again elgible to serve on a jury.  The Court found that this constituted restoration of his civil rights and thus fell within the exception to the Federal Gun Control Act.  Pournaras v. People (Illinois Appellate Court, 3rd dist., Nov. 13, 2018)

Compensation after a crash comes with many considerations

When you are struck by another vehicle, you might face very serious injuries. These may require you to seek medical care, which might even include hospital stays. It is wholly possible that you will have high medical bills resulting from this situation. Paying for those might be a challenge.

If your injuries were the result of a negligent or reckless driver, you might decide to seek compensation. This can shift the financial burden from yourself to that driver. There really isn't any reason why the victim of a car wreck should have to pay the costs of the care and other damages related to the crash.

Tips for keeping a contractor on schedule

Are you planning an update to your O'Fallon, Illinois home? Are you building a brand new home? Either way, you will be working with a contractor for the project. Are you worried that the project will take too long to complete? If so, you need to try your best to keep the contractor on schedule. This can be done by following the tips outlined in today's post.

1. Open a strong line of communication between you and the contractor.

David M. Duree and Associates, P.C.
312 South Lincoln Avenue
O'Fallon, IL 62269
Phone: 618-589-0956
Fax: 618-628-0259
Email
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P.O. Box 771638
St. Louis, Missouri 63177