Areas & Topics

February 2019 Archives

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.

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.

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.

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.

Illinois Concealed and Carry Statute Overrides Company Policy Prohibiting Firearms on Company Property

Illinois law permits people to carry concealed firearms after obtaining a valid license.  Ameren has workplace policies which prevent employees from threatening or intimidating co-employees, and from having unauthorized firearms on its property.  After an employee engaged in heated arguments with his supervisor, a consensual search disclosed a gun in the Employee's vehicle.l  He had a valid Illinois license to carry the gun.  Ameren then fired the employee.  An Arbitrator re-instated the employee, finding that the heated arguments were not threatening or intimidating, and that the Illinois Concealed and Carry Statute overrode the company policy barring weapons on Company property.  The District Court vacated the arbitration award, but the Court of Appeals rei-instated it, noting that judicial review of Labor Arbitration Awards is "very limited"  Ameren Illinois Co v. International Brotherhood of Electrical Workers Local 51 (U.S. Seventh Circuit, Oct 12, 2018).

Negligence-related incidents demand compensation for the victims

When you file a personal injury lawsuit, there are many factors that have to come together. You have to show the defendant's negligence led to the accident that caused your injuries. You also need to show that the damages you suffered were caused by the negligence-related incident. All of this can be complex, but that doesn't mean that it is impossible.

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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