DGAA bLAWg

EGG HARBOR ARLINGTON HEIGHTS THANK YOU THURSDAY PROMOTION

Web Admin - Friday, August 02, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the July 25, 2013 “Thank You Thursday™” promotion with Egg Harbor Arlington Heights!!! Each winner will receive a $20 Gift Card to Egg Harbor Arlington Heights. The winners are;

Nathan Widing
Kara Sturgeon
Jamie Brosseit
Shannan Meehan
Any Arens


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com with the address where you would like the gift card sent.

BLUE DAISY THANK YOU THURSDAY PROMOTION

Web Admin - Saturday, July 27, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the July 18, 2013 “Thank You Thursday™” promotion with Blue Daisy!!! Each winner will receive a $20 Gift Card to Blue Daisy. The winners are;

Chris Welter
Erin
Debbie Michels
Lauren Dodson
Suzanne Jung


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

MAC’S ON SLADE THANK YOU THURSDAY PROMOTION

Web Admin - Saturday, July 13, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the July 11, 2013 “Thank You Thursday™” promotion with Mac’s on Slade!!! The winners are;

Jen Welter
Sue Giampa
Kara Sturgeon
Melissa Michels
Karen Rome


The winners may pick up their prize from Colin H. Gilbert at Mac’s on Slade on Saturday evening beginning at 745 p.m.

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

CONCEAL AND CARRY IN ILLINOIS

Web Admin - Saturday, July 13, 2013

Authored by Tim Keenan

On December 11, 2012 the Federal 7th Circuit Court decided Moore v Madigan and Shepard v.Madigan. In that opinion the 7th Circuit held that Illinois’s ban on carrying firearms in public was unconstitutional, and it gave Illinois law makers 180 days to draft alternate legislation that would have appropriate safeguards for the public. Those 180 days ran out on June 9, 2013; and Illinois would have had a federally created statute that would have allowed the concealed carry of a firearm almost anywhere in the state. However, States Attorney General Lisa Madigan filed a stay in federal court that gave Illinois lawmakers an additional 30 days to create a statute permitting the carrying of firearms.

After many attempts by the state Legislature and two efforts that failed to pass one of the two Chambers, the Legislature finally compromised on HB 183. This bill called the “Firearm Concealed Carry Act,” was passed on May 31, 2013. The bill was then sent to Governor Quinn’s office on June 5, 2013. The Governor’s position on this particular bill was unclear; he had promised not to sign a previous bill that failed in the Illinois Senate.

The Firearm Concealed Carry Act is a compromise position between what has always been two camps in Illinois. The first camp is based in urban areas which favor stricter controls to curb violence and illegal activities. The second camp is based in more rural areas that favor a broader reading of the Second Amendment. Bridging this gap is HB 183 which incorporates many different aspects of the previous attempts to regulate firearms. The major compromise areas grants local governments the ability to create restrictions on where a firearm may be carried, and allowing local governments to keep existing laws already in place. However, there will be no future bans permitted. Further, firearms will not be permitted in parks, hospitals, schools or colleges, child care facilities, courthouse, government buildings, libraries, casinos, playgrounds, athletic faculties or stadiums, liquor stores or restaurants with 50% of profits from alcohol, or mass transit centers or vehicles. The other side of this is a person may keep a firearm in their personal vehicle at one of these locations, if it is secured properly.

On July 2, 2013, Governor Quinn stated that he would be adding provisions to the bill. These provisions included the ability of local governments to ban assault weapons and high capacity magazines. He further wants a limit on the number of firearms a person could carry, the number of cartridges a weapon could contain, and would require people to fully conceal the firearm

The debate and political posturing came to an end July 9, 2013 when both Houses of the Legislature passed the original version of HB 183. None of the Governors changes were accepted and Illinois is now compliant with the federal courts ruling. What this means for future relations between the Governor’s office and the Legislature remains to be seen, but Illinois citizens will be able to start to carry a concealed firearm as soon as State Police agencies can create the necessary forms and classes needed to support this new Act.

CHRIS PAUL PHOTOGRAPHY THANK YOU THURSDAY PROMOTION

Web Admin - Wednesday, July 10, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the July 4, 2013 “Thank You Thursday™” promotion with Chris Paul Photography!!! The winner is;

Carol Tumberger

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

HARRY’S THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, July 02, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the June 27, 2013 “Thank You Thursday”™ promotion with Harry’s!!! The winners are;

Kelly Tundee
Christopher Kopp
Jennifer Kahovec
Mike Nolan
Eva Goranson


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

BRENT SEABROOK THANK YOU THURSDAY PROMOTION

Web Admin - Wednesday, June 26, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winner of the June 20, 2013 “Thank You Thursday”™ promotion!!! The winner of the Brent Seabrook autographed picture is;

Dennis Lerchbackerbr

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

A Bad Settlement Is Always Better Than A Good Lawsuit

Web Admin - Saturday, June 22, 2013

Authored by Kenneth B. Drost

The Honorable Thomas D. Roti has been a judge in Cook County, Illinois for thirteen years.  He currently occupies one of the civil jury courtrooms in the Third Municipal District courthouse in Rolling Meadows, Illinois.  Hanging on the wall behind the bench in his courtroom is a neatly framed print of a brick wall across which the subject of this blog is stenciled in block letters .

The print was fabricated by the wife of Judge Roti’s courtroom deputy, who has heard him utter the phrase repeatedly in admonishing the civil litigants who appear before him.  Personally, I never heard him say it.  I wish I had.  It has personal significance for me.

In the mid-1990's I bought a small manufacturing company in Denver, Colorado.  It had nothing to do with the practice of law, which was the reason I bought it.  The sellers were elderly gentlemen, cashing out the business they had devoted their lives to create.  Like many such deals, it was structured as a buy-out; where the sellers are paid a portion of the purchase price over time.  Whenever an existing business is being bought, it is also customary for the sellers to give representations and warranties about the operation of the business (since the buyer frequently knows nothing about it), and this sale was no different.  One of the things that the sellers represented was that the business was in compliance, and would remain in compliance with all pertinent governmental codes and requirements, to permit the business to operate as it had in the past.

Lo and behold, three years after I bought the business, a new fire inspector was hired by the City of Denver.  This gentleman decided that  his predecessor had improperly certified the company’s paint booth for many years when it actually did not comply with the City’s requirements for ventilation.  It was going to require over $50,000.00 in repairs.

I was incensed!  I didn’t plan on having to incur this expense.  And since I had drafted the purchase contract, I thought it was pretty airtight:  If there was  a breach of one of the seller’s representations, I could stop paying on the seller’s buy-out notes and apply the payments to make the repairs, instead, which is exactly what I did.

Obviously, that didn’t go over well with the sellers.  We sat down and discussed some potential resolutions, but I thought they wanted too much from me.  It was a bad settlement.  And I had a good lawsuit.  So we lawyered up and went at it.  Two years of pleadings, motions, depositions and court hearings later, we were in front of the judge and ready for trial.  But the judge had a better idea.  He ordered a settlement conference.

The process was mind-expanding for me.  I have tried dozens, if not hundreds of cases, to juries and to judges, and represented clients in hundreds of other cases that didn’t get to trial.  I think I’m a persuasive kind of guy.  I think I draft a good contract, and the contract language means what the contract language means, so I should have no problems, right?  Think again, said the judge.  We were going to be appearing in front of a jury, and a jury can be influenced by all sorts of things.  What was a Denver jury going to think about some fancy Chicago lawyer coming out to take advantage of a couple of Denver senior citizens?  They didn’t expect to have to pay for the repairs any more than I did.  The judge made me see how the facts could be presented in such a way as to make the sellers appear very sympathetic, and there was a real risk that I  could lose this case, or that any award could actually be smaller than the proposed settlement.

We wound up settling the case on roughly the same terms we could have, with a little effort, if we had focused on settlement early on, except that I spent a fortune on lawyers and litigation costs in the meantime; and I say this as someone who micro-managed the case and did much of the legal work himself.  It was still a bad settlement.  But to my surprise, the sellers said the same thing.  They were as mad about the outcome as I was.

This experience taught me two things:  First, in many cases (if not most cases), settlement needs to be approached early and aggressively.  Sure, you may need to do some simple discovery to be sure you have your facts straight, but once the likely evidence comes into view, it is not likely to get any better with time.  Instead, both sides tend to become galvanized in their attitudes, and the opportunity for settlement slips away.  Spending lots of money on lots of pretrial activity is rarely a wise investment.

Second, as a corollary to Judge Roti’s premise, consider this:  “The Best Settlements Are Those Where Both Sides Think They Got Totally Screwed.”  Be realistic about your situation.  Be cognizant of the potential risks, as well as the potential awards.  And understand that litigation is expensive and time-consuming.  Even if your lawyer is on some sort of contingent fee arrangement, you may still  have to pay for costs, and you will always have to commit more time to the process than you anticipated.  If you think the terms of the settlement are bad, and the other side thinks so, too, it’s probably a pretty good deal.

PIATTI PRONTI THANK YOU THURSDAY PROMOTION

Web Admin - Thursday, June 20, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the June 13, 2013 “Thank You Thursday”™ promotion with Piatti Pronti!!!  The winners are;

Ellen Corcoran
Jeannie Bolash
Jason Reese
Jennifer Higa
Lynn Tubalinal


Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.

NORTHWEST PLUMBING THANK YOU THURSDAY PROMOTION

Web Admin - Tuesday, June 11, 2013

Welcome to the DGAA Law, LLC Blog. The weekly winners of our“Thank You Thursday”™ promotions are posted here. “Thank You Thursday”™ is a promotion that is run through our Facebook page. Our intention is to thank those who have “liked” our Facebook page by providing them with a weekly opportunity to win free prizes. No strings attached. You do not need to hire us in order to win the prize. The rules are simple; enter your name via the survey on one of our “Thank You Thursday”™ posts and you are entered for a chance to win.

Congratulations to the winners of the June 6, 2013 “Thank You Thursday”™ promotion with Northwest Plumbing!!! The winners are;

Shannan Meehan
Ellen Folan
Nancy J. Bredberg
Michelle Manfrdi
Chrissy Harris

Please contact Colin H. Gilbert at cgilbert@dgaalaw.com and notify him as to what address you would like your prize sent. Please include the term “Thank You Thursday” in the subject line of your e-mail.


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