Legal Blog Chicago

Legal Blog

The Duty to Preserve Evidence in Litigation

Spoliation can be defined as the devastation or variation of evidence. In Chicago, the failure to properly preserve property for use in pending or future litigation is considered spoliation regardless of the party’s intent. The duty for a party to preserve evidence can come from statute, a contract, court order, or a voluntary assumption. When a party knows or practically should know that there is a probability for litigation, they must defend any crucial confirmation at a reasonable amount of time.

Failure to care for evidence can lead to court sanctions and evidentiary rulings in good deed of the festivity harmed by the spoliation. Our good quality attorney can help you determine what evidence you must preserve, and how long you must preserve it.

The duty to preserve relevant material arises usually when litigation or an investigation is rationally expected. Simply stated, the duty to preserve begins when a summons or complaint is received. However, some times when a pre-litigation dispute is reasonably expected to lead to litigation, in that case a litigation hold notice must be issued.

Someone facing possible litigation or rationally anticipating litigation should understand the obligations to preserve and produce evidence. The obligation to preserve and produce evidence should be taken seriously once litigation is reasonably expected. The sanctions that can result from failure to abide by these obligations can significantly impact the result of a lawsuit and can cause a party to lose. Improper handling of electronic discovery can also cause an expensive detour in a litigation case, which can be avoided with appropriate care and awareness to these discovery obligations.

Attorney if you are hurt in a car accident

A person hurt in a car accident faces a number of decisions in short organizing after the accident. If the injured person has automobile insurance or possesses insurance on the car, the person was in then there are No Fault benefits available to the injured person. The benefits include coverage for medical expenses, wage loss, and replacement services. The amount available is resolute ruling and is a minimum of $20,000 for medical expenses and $20,000 for wage loss/replacement services.

There is an upper limit of $250 per week for the wage loss. The amount may be less depending on the normal weekly wage of the injured person. A person may be able to sort through grove of laws and rules on his or her own but in order to make sure all monires available is received a lawyer familiar with the No Fault law should be consulted.

An Attorney can help develop the claim by obtaining medical records and other information about the impact of the injury. That information can have used to persuade an insurance company about the value of a claim.

It would be worth the money in almost every case to talk to a lawyer before signing a document to settle a claim for a personal injury that happened in a car accident. We have lawyers who regularly deal with the car insurance and personal injuries. Our lawyers would be happy to talk to you about your case and answer any questions about your options in making a claim.

Creditors Rights in Bankruptcy

When someone files bankruptcy, what rights does a creditor have? If a debtor files bankruptcy on a creditor, is the discharge of debt automatic and guaranteed? Can a creditor object to a debtor’s discharge for reasons of conversion, fraud or malice?

These are very common questions asked by creditors involved in bankruptcy. In the broad majority of bankruptcy cases, the individual filing for bankruptcy is an “honest, but unfortunate” debtor who is entitled to a discharge of his debts. However, there are abuses of the bankruptcy discharge. And the bankruptcy code contemplates certain scenarios whereby particular debts of a debtor will not be discharged.

Our bankruptcy practice group in Chicago has successfully litigated such claims on behalf of large financial institutions, as well as on behalf of debtors. Because of the expertise, we have represented creditors from all across Chicago. We also represent debtors across the entire state of Chicago.

As bankruptcy filings increased, so have these types of claims. In all likelihood, we will continue to see these types of issues occur, and claims subsequently filed by creditors. Our bankruptcy practice group is well equipped to litigate these claims.

New rule under the National Labor Relations Act for 2012

As of January 31, 2012, most private sector union and non-union employees are required to post a notice advising of their rights under the National Labor Relations Act. The new rule requires the notice to be posted in a conspicuous place where other notifications of workplace rights and employer rules and policies are posted. In other words, the required posting should be placed where you have other notices, such as the minimum wage poster.

Very small employers are exempted from this rule. Retail businesses are exempt if the annual gross sales volume is less than $500,000. Non-retail employers are exempted if the annual inflow or outflow is less than $50,000.