News

The DUI Stop: The Decision to Take the Breath Test

The most common question I am presented with when meeting with a new Illinois DUI client is:  "Should I have blown (provided a breath sample to the arresting officer)"? My initial advice is always the same, “Do not put yourself in a situation where you have to...

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Changes in Illinois Family Law for Maintenance

The Illinois legislature has amended the Illinois Marriage and Dissolution of Marriage Act, effective June 1, 2018.  Specifically, the Act’s maintenance (or alimony) provisions have been modified. The maintenance provisions are now applicable to marriages in which the...

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Illinois Law and “Natural Accumulation”

Generally speaking, In Illinois, property owners are not responsible for natural accumulations of rain, ice or snow which cause a fall resulting in injuries.  A simple slip and fall on a snowy sidewalk, for example, may not create a valid cause of action for damages. ...

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Statute Update: Tax Consequences of Maintenance Payments

Beginning in 2019, maintenance payments will no longer be tax deductible.  Pursuant to the newly passed federal tax bill, maintenance payments, which were for decades tax deductible by the payor and charged as income to the payee, will no longer be deductible as of...

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HEALTH CARE PROVIDER LIENS IN ILLINOIS

Unless you have been through the process of making a claim for injuries, you most likely (and reasonably) believe that winning your negligence trial is the end of the road, and that your check is on the way. Unfortunately, in the great majority of cases, your...

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Statute Update: Prohibition of Hospital “No-admit” lists

The Illinois legislature passed a new law, effective January 1, 2018, which prohibits hospitals from maintaining a list of individuals who may not be admitted for treatment.  Supporters of the legislation urged its passing to ensure access to medical care within...

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CAN I BRING A WITNESS TO MY SOCIAL SECURITY DISABILITY HEARING?

Generally, you have the right to bring a witness to testify on your behalf at your social security hearing. However, the Administrative Law Judge has the discretion to pick and choose which witnesses he sees, if any. For this reason, you may want to ask your witnesses...

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Statute Update: Changes for Illinois Bicyclists

Bicyclists in Illinois can now put a red tail light on the rear of their bike, instead of, or in addition to the traditional red reflector.  Bicycle groups laud the new law as a recognition of changing technology, which will provide for greater visibility,...

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PURSUING LEGAL ACTION AGAINST A HOME IMPROVEMENT CONTRACTOR

The civil attorneys of McNamara Phelan McSteen often consult with homeowners who either paid a contractor to do work which was not completed, or was done but done poorly and not in accordance with industry guidelines.  Fortunately, Illinois has laws in place to...

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