On Behalf of David M. Duree and Associates, P.C. | Oct 31, 2018 |
Month: October 2018
Medicare Set-Off Disallowed in Medical Malpractice case against the United States
The United States District Court for Southern Illinois has disallowed a set-off requested by Medicare in a medical malpractice case against the United States under the Federal Tort Claims Act. Illinois law applies under the act. Under the Illinois...
Attorney Fee Awards offset by student loan, tax and child support obligations
Federal Law allows judges to award attorney fees to the prevailing party in a civil action against the United States. Attorneys would not take such cases without the prospect of being paid out of the attorney fee award. But such attorney fee awards may be...
How job interruptions affect the quality of the work being done
Many construction disputes center around a low quality of work. In some cases, it is more cosmetic than anything. The crew installs the kitchen counters but does not take the time to level them, for instance. They still work, but they do not look as good as they...
Warrantless use of drug-detection dog is an illegal search
The use of a drug-detection dog at the door of an apartment in an unlocked apartment building, without a search warrant, is an illegal search in violation of the fourth amendment of the U.S. Constitution, ruled the Illinois Supreme Court. The Court...
Pickup trucks collide in Illinois, taking one life
Rural roads in Illinois were the site of a recent collision between a pair of pickup trucks. One of the drivers was killed in the accident.According to reports, the accident happened near Sink Hollow Road on IL 2. The first emergency crews to get the call were the Lee...
Award for Personal Injury Due Former Spouse For Child Support
A personal injury award for pain and suffering, disability and broken ribs was subject to the Plaintiff's obligations to pay child support to a former spouse under the Illinois Dissolution of Marriage Act. In Re Marriage of Plowman (Ill. App. June 19, 2018).
Material Breaches of Construction Contracts By (1) Non-Payment, (2) Non-Performance, (3) Defective Performance and (4) Wrongfully Terminating the Contractor
Material breaches of construction contracts and subcontracts occur when (1) a contractor is not paid (2) the contractor walks off the job (3) the contractor's performance is defective and (4) when a contractor is wrongfully terminated. As a general rule, the first...
Prudent planning can help prevent business disputes
Starting a new business means taking on any number of important tasks before even officially launching the new venture. Structuring the company, setting hiring practices, working with vendors and many other pertinent decisions have to happen up front, which can mean a...
Study offers shocking insight on how little doctors listen
When you're dealing with a medical issue, especially before you know exactly what is going on, you think about it constantly. You talk to loved ones. You look up information on the internet. It just grabs your attention.You know that your doctor may not be as...
