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


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