Areas & Topics

January 2019 Archives

How low speeds create big injuries

Statistically, you will be in a car accident every ten years. With any luck they will be minor fender benders that do not result in injuries. When most people imagine a fender bender, they probably picture bumping into another vehicle in a parking lot or other low speed area. Remember that low speed does not mean less danger.

Sports Gambler Cannot Recover Losses in Games Facilitated by FanDuel

Illinois law allows a losing gambler to recover his/her losses to "any other person".  After losing $100 in a fantasy game for the selection of NBA players, the losing gambler sued the winning gambler claiming a violation of the Statute.  The game had been arranged by FanDuel and was played on line.  Neither player knew the identity of the other.  The dismissal of the complaint was affirmed by the Appellate Court, which found that the statute only applied to person-to-person gambling, and that a contrary ruling would open the flood gates to numerous small claims lawsuits by losing gamblers.  Colin Dew-Becker v. Andrew Wu (Illinois Appellate, 1st dist. 2018).

Caretaker May Recover From Elderly Client's Estate, After Pleading Guilty to Misdemeanor Elder Abuse

The Illinois Elder Abuse Act provides that anyone convicted of abuse, financial exploitation or neglect of an elderly or disabled person, shall not receive any property, benefit or other interest by reason of the death of that elderly or disabled person.  The Appellate Court recently reversed the dismissal of the complaint of an ex-caregiver, claiming $1,200,000.  The caregiver had pled guilty to a misdemeanor battery charge of the elderly client.  The Appellate Court ruled that it need not rule on whether the Quantum Meruit claim for services rendered during the life of the cleint was covered by the Act because the Misdemeanor Battery guilty plea was not among the crimes covered by the act.  The Caregiver claimed she was entitled to the value of services rendered during the life of her client, and that she was entitled for damages for breach of an agreement to prepare and sign a will with the caregiver as a beneficiary.  Estate of Lewy v. FNBC Bank & Trust (Ill App. 1st dist, Sept 28, 2018).

Does intellectual property really matter?

Have you ever heard someone say that they do not think intellectual property violations are all that important? It's just information, they say. They don't feel like someone should be able to own it or protect it the same way that they can a physical asset.

David M. Duree and Associates, P.C.
312 South Lincoln Avenue
O'Fallon, IL 62269
Phone: 618-589-0956
Fax: 618-628-0259
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