States throughout the country are getting tougher in the area of DUI/DWI enforcement. Illinois is no different. Illinois leads the nation in cracking down on drunk drivers.  Illinois DUI / DWI charges are extremely serious, and the penalties that accompany drinking and driving offenses are among the most severe in the country: A DUI conviction will automatically cause your driver’s license to be revoked, and depending on your criminal and driving history, you could be faced with car forfeiture and prison time. Even worse, a DUI is one of the most difficult criminal cases to defend, because it is typically based on an officer’s direct observation, bolstered in many cases by so-called “objective” chemical testing. Another complicating factor is that the laws and penalties for Illinois DUI arrests change from year to year, often with increases in the severity of punishments, fines, counseling, and court costs. It is important to protect your rights and...

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The pressure is rising on energy drink manufacturers as more questions are raised regarding their potential for adverse effects occurring in some consumers. Energy drink manufacturers can avoid many of the legal regulations and purview of the FDA by being classified as a dietary supplment. This article: High Energy or High Danger? discusses the ramifications and perks of being classifeid as a dietary supplment, as well as the claims for recovery if an energy drink consumption can be linked to serious adverse health effects.

Lawsuits against two Colorado ski resorts have survived the resorts’ legal maneuver that sought dismissal under the Colorado Ski Safety Act. The Steamboat Pilot and Denver Post discuss the lawsuits and procedural wrangling in detail. Both cases are wrongful death cases against Howelsen Hill, which is located in Steamboat Springs, Colorado, and Vail ski area. In the Howelsen Hill case, the Plaintiff was skiing at a city owned ski area when he skied into an area that was permanently closed. The area was allegedly not marked as closed nor was it roped off. The trial court permitted the lawsuit to proceed because the area was not properly closed, thereby creating an unreasonable risk that constituted an negligent omission. In the Vail case, the Plaintiff was killed in an avalanche that occurred in bound. For a previous blog where I talked about ski resort liability for avalanches, click here. The Judge in the Vail case held that avalanche dangers do not fall within the Colorado Ski...

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The Supreme Court has adopted new rules in foreclosure cases that require the lenders to attest that they have exhausted all other efforts to help the homeowner avoid foreclosure. The new rules will take effect June 1, 2013. If a borrower has appeared in court or filed pleadings in a case, lenders now have to file an affidavit “showing the type of loan modification or alternative programs that were available for that particular borrower, what steps were taken to offer that help, and the status of those efforts.” Source: Chicago Tribune. he intent and hope is that now the people at the bank that are handling any modifications will work, or at least be in contact with, the people at the bank handling the foreclosure. Too often the parties do not communicate and the borrower is working with someone that is removed from the foreclosure process. The new rules are supposed to deter this.

Frankies Blue Room of Naperville, Illinois, is facing a lawsuit for over-serving a bar patron that eventually stabbed the Plaintiff and one of his friends after a dispute. The Plaintiff’s friend was tragically, and wrongfully, killed by the stabbing. The Plaintiff suffered serious injuries from being stabbed and under went emergency surgery. The aggressor stabbed the Plaintiff and his friend with a folding knife. According to the Chicago Tribune, the Plaintiff’s attorney alleges in the lawsuit that the bar is liable to his client for injury damages because the bar contributed to the intoxication of the aggressor and injured the Plaintiff. The article does not say whether a lawsuit had been filed for wrongful death lawsuit has been filed by the other victim. What a senseless act of violence.