Thanksgiving Day Massacre: If Turkeys Had Legal Rights

Web Admin - Friday, November 21, 2014
turkey Thanksgiving criminal charges, Schaumburg personal injury lawyer

Thanksgiving is just around the corner now, so it seems like a good time to engage in an educational hypothetical: “what if turkeys had legal rights?” Suppose Chris Carver is just about to start preparing Tom Turkey for Thanksgiving dinner, when Governor Rauner, taking his cue from the annual presidential turkey pardon, decrees that all turkeys are protected and have the same rights as people. The police break down Chris's door, taking him away in handcuffs and saving Tom. This leads to two questions: “what, undoubtedly delicious, crimes could Chris be charged with?” and “what civil claims could Tom bring against him?"

Criminal Charges

There are a variety of crimes that Chris may be guilty of. The two major ones are kidnapping and attempted murder. Kidnapping is defined under Illinois law as “secretly confining someone against their will.” Chris was clearly confining Tom. Assuming it was done secretly, Chris may actually be guilty of aggravated kidnapping, a more serious version of the crime, because he had a carving knife, which would be a deadly weapon for purposes of the law. Aggravated kidnapping is a Class X felony in Illinois, which carries a sentence of between six and 30 years in prison.

However, Chris was doing more than just confining the turkey; he was preparing to cook him, which would be first-degree murder in Illinois. The different degrees of murder in Illinois are based on what the offender was attempting to do. Chris's qualifies for first-degree, the most serious, because he was intentionally trying to kill Tom. The fact that Chris did not succeed in killing Tom Turkey does not matter because he took a “substantial step” towards the murder when he kidnapped Tom. This means that the state could still charge him with attempted first-degree murder, also a Class X felony.

Civil Claims

While the criminal charges would take care of punishing Chris for his crimes, they do not provide Tom with any restitution for his ordeal. Fortunately, Tom can also sue Chris in civil court for several different claims. For instance, Tom can sue Chris for false imprisonment, the civil version of kidnapping, because he held Tom against his will. Tom could also sue Chris for assaulting him, since Chris intentionally acted in a way that put Tom in fear of an immediate harmful contact. Assuming Tom succeeds on these claims he can recover a variety of damages including payment of any medical bills, any wages he lost from his job during his confinement and recover, and compensation for the emotional pain and suffering of almost becoming Thanksgiving dinner.

If you believe you have been a victim of harms like Tom's, or you want to learn more about your criminal rights if you have been charged, contact the Schaumburg personal injury and criminal attorneys at Drost, Gilbert, Andrew & Apicella, LLC today. We assist clients in Rolling Meadows, Buffalo Grove, Barrington, and throughout the Chicago suburbs. Call 847-934-6000 for a free consultation.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Illinois Contract Law and the Statute of Limitations

Web Admin - Thursday, March 27, 2014

illinois breach of contract attorneyLawsuits are based around some sort of legal claim, an event or controversy where someone was harmed. For contracts this harm is usually comes in the form of a breach, where one party fails to fulfill its obligations. However, people are not allowed to simply lie in wait indefinitely after a breach of contract and file a suit decades later. Instead, the law imposes a rule called a statute of limitations. This rule acts as a time limit on filing a case, though the time limit varies based on the particular circumstances of the case.

After learning about statutes of limitations, many people wonder why they exist.

Intuitively, it seems unfair that an injured party should have a countdown placed on their ability to seek compensation. In reality there are two reasons for it, fairness to the defendant and the accuracy of the trial. From the standpoint of fairness, the law believes that even if someone has done something wrong, they still have the right to deal with it in open court and then put it behind them, rather than having the threat of a lawsuit hanging over them for the rest of their life.

As for the accuracy of the trial, evidence often degrades over time. Crucial objects can be lost, and witnesses’ recollections of events can grow hazy. Consequently, courts want plaintiffs bringing cases swiftly in order to have the best information available.

How Long is the Statute of Limitations for Breach of Contract?

For the purposes of contract law the statute of limitations can be as long 10 years or as short as one depending on what type of contract it is. The longest time limit, 10 years, belongs to breaches of standard written contracts. However, if the contract breached was an oral one rather than a written one, then Illinois law brings the statute of limitations down from 10 years to five. Certain sales contracts can have even shorter limits, four years by default, but the terms of the contract can opt to limit it to as little as one year.

In addition to the question of how long the statute of limitations is, the other major concern is the question of when the clock starts to count down. The general rule is that the time limit starts running from the moment of the breach, not the moment that the breach causes the injury. However, there is an exception to this normal starting point if something called the Discovery Rule applies.

The Discovery Rule "tolls" the statute of limitations, meaning that it prevents the time from counting down, until the injured party either discovers the breach or should have reasonably discovered the breach. Importantly, the Discovery Rule does not function for all breach of contract claims in Illinois, so whether it applies will depend on the specific facts of a case. There are also other rules that can toll the statute under certain circumstances such as if the injured party is a minor or away on military service.

If you believe you have a claim against someone for breaching a contract, contact a Palatine civil litigation attorney before the statute of limitations on your claim expires. Our experienced lawyers help clients across northwest suburban Cook County, in towns like Barrington, Des Plaines, and Crystal Lake.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.

Recent Posts


Crystal Lake will lawyer wage theft pedestrian-automobile accident probate process Schaumburg medical malpractice lawyer Inverness insurance attorney homestead rights DMV drugs condo association Self-Directed IRA Accounts Crystal Lake estate planning lawyer Barrington business law firm real estate contract Chicago attorney Palatine employment lawyer Inverness real estate attorney probate lawyer Des Plaines collections attorney Illinois insurance disputes golf accidents mass shooting overtime pay Mount Prospect elder law attorney Barrington real estate lawyer social media after death Illinois Human Rights Act tax attorney Inverness estate planning lawyer defective products lawyer Arlington Heights lawyer PTSD estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers spinal cord injury IRS Arlington Heights Traffic Lawyer Rolling Meadows business lawyer probate claims power of attorney Illinois registered agent Illinois personal injury Fourth of July hiring employees Palatine probate lawyer ACA Illinois employment attorneys suspended license guardianship attorney Illinois employment law attorneys landlord Barrington employment law attorney Arlington Heights car crash attorneys Kenilworth estate planning lawyer Rolling Meadows Attorney Employment Discrimination Law BAIID dynasty trusts no contest clauses preventable medical errors boating DUI Illinois elder law attorney Rolling Meadows insurance lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys wrongful death attorney fees institutional trustee boating under the influence Palatine Attorney texting while driving new real estate form traffic accidents digital evidence estate planning lawyer Rolling Meadows traffic law firm Illinois medical malpractice case Legal Info capital gains tax Des Plaines criminal attorney Federal Food Drug and Cosmetic Act speeding South Barrington real estate attorney residential real estate unpaid assessment Barrington estate planning attorney Illinois wrongful termination lawyer accidental death benefits Long Grove real estate lawyer Buffalo Grove corporate attorney Chicago corporate attorney traffic violations Rolling Meadows marijuana attorney Crystal Lake employment law attorney employment lawyer Illinois job attorney Schaumburg wrongful death attorney holiday statistics fiduciary rule Rolling Meadows Palatine trusts lawyer caretaker rights denied insurance claim unauthorized overtime Inverness probate lawyer Illinois trucking safety trauma after an accident disability benefits motorcycle accident School Visitation Rights Act Palatine injury attorney BUI Arlington Heights personal injury lawyer premises liability senior citizens Schaumburg estate attorney icy parking lots Illinois criminal defense attorney estate planning attorney Inverness elder law lawyer Colin H. Gilbert distracted driving accidents Barrington medical malpractice lawyers Crystal Lake traffic lawyer insurance agents Deer Park workers compensation lawyer employee misclassification Palatine personal injury lawyer Arlington Heights accident attorney Chicago biking tips civil litigation Palatine drug lawyer overtime violations Schaumburg drug defense lawyer Schaumburg insurance lawyers personal injury attorney Illinois Workers’ Compensation Commission changes to mortgage law drug crime Illinois boating accident lawyer investment property Illinois bicycle safety Fair Labor Standards Act Crystal Lake pedestrian accident lawyer liability claims manufacturing murder charges Crystal Lake business law attorneys probate claims process Illinois medical malpractice claim paid sick leave taxes real estate closing real estate attorneys Schaumburg civil litigation attorney boating accidents Rolling Meadows personal injury attorney real estate attorney Mt Prospect Attorney Rolling Meadows DUI lawyer hit and run accident Des Plaines insurance attorney Illinois Wage Payment and Collection Act Arlington Heights insurance attorney DUI defense Arlington Heights real estate lawyer living trust benefits Deer Park motorcycle accident lawyer Arlington Heights TBI attorney Illinois employment laws trucking accidents Illinois traffic attorney Illinois wills and trusts Schaumburg criminal attorney Barrington Traffic Lawyer Palatine law firm Illinois injury lawyer Illinois estate planning attorney Rolling Meadows employment law attorneys license reinstatement Forcible Entry brain injury Rolling Meadows real estate attorney Crystal Lake personal injury lawyer DUI attorney Illinois living will product liability Buffalo Grove traffic attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, digital information Des Plaines rumble strips insurance agent negligence child safety Crystal Lake personal injury attorney Barrington employment law firm Buffalo Grove medical malpractice lawyers Des Plaines DUI attorney right to work Rolling Meadows traffic attorney medical malpractice claims insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys traffic crimes Long Grove wills and trusts attorneys Chicago insurance law firm Des Plaines drug crimes lawyer Schaumburg estate planning attorney financial advisors liability employment law ObamaCare traffic deaths Des Plaines claims law firm Mount Prospect wills and trusts lawyers vacation home fines Palatine workers compensation lawyer Thanksgiving deed transfer criminal defective products Rolling Meadows tax attorney Illinois civil litigation lawyer Crystal lake insurance dispute attorney pedestrian accidents job lawyers Barrington civil litigation attorney drunk driving insurance claim dispute attorney Illinois tax attorney unfunded trust Crystal Lake tax lawyer Buffalo Grove traffic lawyers Inverness DUI lawyer insurance claim delay breathalyzer test Illinois construction accident attorney Joliet general practice lawyers appealing an insurance claim Crystal Lake criminal defense attorney in terrorem provision Class A misdemeanor expungement FSLA Palatine corporate attorney criminal law Chicago estate planning preventing accidents hands free device insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois defective products attorney Rolling Meadows insurance dispute lawyers, insurance dispute commercial leases severance agreements insurance claim denial Deer Park DUI lawyer sole proprietorship insurance disputes personal injury drunk driving statistics IRA benefits deadly crashes probate IRELA criminal defense products liability Arlington Heights employment attorney Arlington Heights car accident lawyer traffic laws Inverness personal injury attorney license Chicago insurance claim attorneys pain and suffering Illinois wills and trusts attorneys drug crimes lawyer Illinois workers compensation lawyer dealing with problem employees special needs trust Palatine employment law lawyer Illinois home inspection Illinois traffic ticket lawyer Chicago employment attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Arlington Heights trucking lawyer modern family estate planning insurance attorney Illinois rollover accident lawyers Palatine estate planning lawyer workplace sexual harassment privacy laws Illinois forming a corporation in Illinois real estate home inspection lawyer estate planning trusts Crystal Lake law firm Des Plaines real estate attorney Chicago will attorney Palatine employment attorney Schaumburg employment law attorneys medical research owner responsibility Illinois real estate lawyer Arlington Heights wills and trusts lawyers bicycle dooring accidents Rolling Meadows drug defense attorney employment attorney automated cars Kenilworth estate planning attorneys Inverness corporate attorney marijuana crimes attorney Long Grove estate planning attorney pizza emoji Des Plaines pet law attorney Chicago traffic lawyer DGAA employment contract life insurance auto accidents foreclosure Crystal Lake bike accident lawyer elder law DUI Des Plaines personal injury attorney Illinois will lawyer landlord tenant law Des Plaines personal injury lawyers Do Not Resuscitate FMLA Des Plaines drug lawyer Illinois corporate lawyer Illinois LLC creation wills and trusts Illinois red light cameras Des Plaines motorcycle accident attorney rent to own real estate contracts fault based insurance Illinois business law atorneys license suspension Rolling Meadows insurance dispute lawyers college kids Inverness injury lawyer Illinois small business Schaumburg traffic lawyer Schaumburg corporate attorney Whistleblower Claims power of attorney for healthcare Arlington Heights wills and trusts attorneys construction accidents Des Plaines injury law firm Arlington Heights estate planning attorney workers compensation DNR real estate lawyer trucking accident lawyers Illinois Smoke Detector Act life insurance policy eluding a police officer compensatory time Illinois traffic attorneys Jay Andrew Arlington Heights wills and trusts attorney IRA trust transfer Rolling Meadows personal injury lawyer license revocation Crystal Lake pet attorney Schaumburg elder law lawyer blood alcohol content Rolling Meadows insurance attorney Arlington Heights wills and trusts lawyer federal crimes Schaumburg car accident attorney workers compensation benefits Illinois insurance claim dispute lawyer Schaumburg real estate lawyer estate attorney Chicago employment lawyer employment law, Illinois employment laws Deer Park real estate law firm Buffalo Grove car accident lawyer Chicago car accident lawyer slip and fall Illinois mortgages Illinois workplace discrimination attorney Buffalo Grove personal injury lawyer trust payments wrongful termination Barrington criminal defense lawyer drug crimes involuntary manslaughter Rolling Meadows criminal attorney trench injuries Barrington employment attorney operating agreements Palatine real estate lawyer Crystal Lake car accident lawyer problem employees insurance adjusters underinsured motorist sexual harassment Palatine traffic lawyer Illinois probate lawyer Barrington Illinois estate planning lawyer whistleblower protections rest breaks blended families Illinois insurance dispute lawyers Barrington criminal lawyer TBI Home Remodeling Repair Act Schaumburg personal injury lawyer Deer Park medical malpractice attorney Des Plaines personal injury lawyer Long Grove estate planning attorneys Palatine traffic accidents South Barrington real estate lawyer Super Mario Rolling Meadows corporate lawyer Illinois personal injury lawyer work unions nursing home negligence civil rights violation Illinois insurance claim attorney probate fees mortgage Arlington Heights pedestrian accidents revenge porn field sobriety test drug possession Buffalo Grove injury lawyer Palatine construction attorney civil litigation attorney caregiver LLCs personal injury lawyer Schaumburg estate planning lawyer murder workers comp pedestrian injuries, pedestrian fatality Buffalo Grove personal injury attorney Home Sale Contingencies Arlington Heights tax lawyer Palatine civil litigation lawyer estate tax medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers real estate leasing denied insurance claims Food and Drug Administration's Food Safety Modernization Act Illinois lawyer natural gas loss of consortium independent contractor comp time Illinois Probate Act of 1975 Illinois car accident attorney Barrington boating accident attorney low-ball insurance settlement back injuries traffic tickets medication errors Chicago trucking accident attorney employee rights Chicago estate planning lawyer Rolling Meadows litigation lawyer Rolling Meadows boating crash lawyer distracted driving accident victims digital assets Illinois employee rights attorney. Schaumburg personal injury attorney reckless homicide Crystal Lake employment lawyer Attorney Ken Apicella car accident lawyers Crystal Lake insurance lawyer Inverness civil lawyer Schaumburg criminal law attorney condo healthcare claims Illinois employment law firm Illinois pet lawyer Illinois trusts attorney minimum wage medical malpractice compensation loopholes car accidents living trust liens insurance claim dispute CAM Illinois employment law attorney head on collisions Crystal Lake accident attorney Illinois medical malpractice lawyers estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, murder defense Deer Park traffic accident attorney Barrington personal injury attorney personal injury accidents Illinois workplace lawyer personal injury law firm Riverwoods estate planning lawyer insurance negligence installment contracts Illinois workers compensation attorney estate planning for college students Rolling Meadows employment law attorney Illinois motorcycle accident lawyer Buffalo Grove employment lawyer Illinois insurance attorney Illinois jet ski accident lawyer cell phone tower data criminal record Deer Park personal injury lawyer medical malpractice car crash Arlington Heights employment law attorneys life insurance claims federal regulations for LLCs sexual images jet ski accidents pregnant women Palatine insurance lawyer Inverness real estate lawyer Illinois pedestrian accident attorney Arlington Heights criminal lawyer anesthesia errors jet ski advance healthcare directive Barrington drug crime attorney Schaumburg construction accident lawyer DUI penalities swimming pools Buffalo Grove probate lawyer fatal car accidents Illinois speeding lawyer Crystal Lake employment attorney real estate zoning pet law Illinois driving without license Rolling Meadows car accident lawyers rollover accidents bicycle accidents Schaumburg Attorney truck collisions Policy Cancellation Rolling Meadows personal injury lawyers car accident Illinois estate planning law firm Colin Gilbert Illinois law healthcare dog bites Buffalo Grove law firm rollover car crashes Barrington workers compensation attorney vacation home insurance claim startup company Deer Park accident attorney uninsured motorist business litigation breach of contract consent to a search employee discrimination Palatine business attorney crossover accidents driving Deer Park criminal attorney Palatine civil attorney Schaumburg gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys wills fiduciary rule delay Deer Park traffic lawyer Illinois Transfer on Death Instrument employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, cell phone accidents Palatine elder law attorney Chicago lawyer trustee Long Grove real estate attorney cell phone clemency ken apicella Rolling Meadows criminal lawyer insurance dispute attorney meal breaks Deer Park employment law attorney controlled substance traffic offenses slip and fall accidents internet Rolling Meadows probate lawyer Liquor Control Act insurance denials denial of life insurance Barrington personal injury lawyer Rolling Meadows estate planning attorney Landlord Tenant Ordinance Exclusions Palatine criminal defense lawyer unpaid overtime Des Plaines Traffic Lawyer privacy commercial real estate car crash injuries car collision life insurance lawyer Illinois business lawyer Kenilworth estate planning attorney medical marijuana Crystal Lake medical malpractice attorneys wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace trusts car crashes Schaumburg probate attorney agent Crystal Lake car accident attorney Barrington injury attorney food poisoning Crystal Lake traffic attorney elder abuse Illinois insurance claims lawyers traumatic brain injuries Family Medical Leave Act Schaumburg employment attorney Crystal Lake medical malpractice lawyer pedestrian accident Rolling Meadows accident lawyer Illinois collections attorney Rolling Meadows employment attorney Retaliatory Discharge insurance dispute Arlington Heights personal injury attorney underfunded trust gift taxes Barrington estate planning lawyer Des Plaines civil attorney Palatine corporate law attorneys texting and driving commercial leasing insurance denial appeals bike accident Des Plaines real estate lawyer Buffalo Grove criminal defense lawyer Schaumburg personal injury lawyers Arlington Heights Attorney Des Plaines tax law firm Palatine punch death Illinois insurance claim dispute lawyers digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Inverness accident lawyer employees Buffalo Grove real estate attorney Detainer Actions surgical mistakes GM ignition switches Mount Prospect real estate lawyer Crystal Lake civil litigation lawyer living trust vs will Crystal Lake injury attorney spinal cord injuries pet bites Illinois real estate BAC Long Grove estate planning Illinois personal injury lawyers Illinois employment lawyer Des Plaines accident attorney Inverness traffic law firm Illinois attorney creditors Illinois traffic accident lawyer traumatic brain injury Arlington Heights medical malpractice lawyer Illinois DUI attorney foreclosed rental property Illinois Sales Representative Act health insurance dispute Chicago will attorney, social media platforms, Illinois estate planning lawyer, dram shop law income distribution deducation Schaumburg injury lawyer Rolling Meadows Traffic Lawyer Rolling Meadows medical malpractice lawyers motorcycle accident lawyer car accident lawyer llinois Real Estate Lawyers Association Illinois estate planning POA Transfer on Death Instrument personal injury claim first degree murder corporate law Arlington Heights traffic attorney Illinois medical malpractice attorney estate plan Barrington attorney Buffalo Grove insurance claim dispute lawyers personal injury claims filing a medical malpractice claim Affordable Care Act Crystal Lake medical malpractice law firm underage DUI Illinois traffic laws Arlington Heights injury attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys insurance claim denials traffic violations defense estate planning insurance claims Illinois personal injury attorney living wills small business Barrington litigation attorney irrevocable trust marijuana natural gas explosion Des Plaines medical malpractice attorney bad faith insurance claims Illinois insurance lawyer Illinois employment law