After months or years your case comes to an end. You achieved the result you desired. But, litigation can be expensive. You have paid legal fees such as filing fees, expert witness fees, and attorney fees. Does a successful case mean the losing party is responsible for your legal fees? Generally, no, but there are exceptions that allow recovery of attorney fees and other legal expenses. The American System Illinois follows the American Rule ... Read More
What Limitation Period Applies to a Potential Claim and When Does the Clock Start Ticking?
By: John M. Spesia and Jonathan W. Powell So, you think that your client might have a claim that could be brought in court, now where do you start? Given that the law places time limitations on your client’s claim, one of the first questions that must be asked is “is the claim timely?” Answering this question will involve analyzing the applicable “statute of limitations” and the date on which the claim “accrued” – i.e. the date when the clock ... Read More
Public-Sector Union Agency Fees Taken from Non-Union Members Without Their Consent Violates the First Amendment
On June 27, 2018, the U.S. Supreme Court handed down its decision in Janus v. AFSCME, Council 31, overturning what had been standing precedent for the last 41 years regarding the First Amendment rights of public sector employees who choose not to join a public-sector union and who fundamentally – or less than fundamentally – disagree with the union’s activities and positions. In 1977, with Justice Stewart delivering its opinion, the Supreme ... Read More
Spesia & Taylor Obtains Dismissal of Section 1983 Civil Rights Claim Against Police Officer
Spesia & Taylor attorney Michael Stiff recently obtained complete dismissal of a Section 1983 Civil Rights claim brought against a police officer for one of the firm’s governmental clients. The dismissal came following months of briefs and hearings as to why the pro se plaintiff should not be sanctioned for failing to show for his deposition. Following the imposition of monetary sanctions, the United States District Court Magistrate Judge ... Read More
New Employee Sick Leave Act, Effective 1/01/17, Has Already Been Amended To Answer Questions Raised By The Original Enactment
By Attorney Michael R. Stiff On January 1, 2017, the Employee Sick Leave Act, 820 ILCS 191/5, went into effect. Although the title might suggest that it is a paid sick leave law, that is not the case. An employer is not required to provide sick time or other such benefits to its employees. Rather, the new statute requires employers that do provide sick pay or benefits or have a sick pay policy to allow employees to use a portion of that time ... Read More
