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


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