HTNLAW's Legal Blog

Open for business full-time beginning August 1, 2011

2011-07-10T20:52:00.001-05:00

The Law Office of Heather Neaveill will be open for business full-time beginning August 1, 2011. Click here for more information regarding practice areas.

Ke$ha files suit against Chicago-based Wimo Labs

2011-05-09T16:54:00.000-05:00

Kesha Sebert, known as Ke$ha, recently filed a lawsuit against Chicago-based Wimo Labs. Kesha alleges that the Wimo Labs-created watchstrap called "TikTok"is too close to the name of her hit song, "TikTok." For information on the suit, click here.

Grounds for Divorce in Illinois

2011-01-21T13:59:00.000-06:00

The holidays are over and a new year has begun. Many reflect on their relationships. Some believe now is the time to file for divorce. But what are the reasons for wanting the divorce? In legal terms, you have to specify the grounds on which the divorce is being sought. There are two categories of grounds for divorce in Illinois: no-fault and fault. They are:

No-Fault:  

In order to obtain a Judgment for Dissolution of Marriage in Illinois under no-fault grounds, the petitioning spouse has to show the Court that both spouses have lived separate and apart for a continuous period in excess of two (2) years and irreconcilable differences have caused the irretrievable breakdown of the marriage. The living separate and apart for a continuous period in excess of two (2) years may be waived upon written stipulation of both spouses provided they have lived separate and apart for a continuous period of six (6) months and the waiver is filed with the court.  

Fault:  

In order to obtain a Judgment for Dissolution of Marriage under a fault ground, the petitioning spouse must show the Court that the respondent:

(1) is impotent;   

(2) had a wife or husband living at the time of the marriage;

(3) committed adultery during the marriage;   

(4) willfully deserted the petitioning spouse for a period of twelve (12) months or more;  

(5) is habitually drunk for the time of two (2) years or more;   

(6) is a drug addiction for the time of two (2) years or more;   

(7) committed extreme and repeated physical or mental cruelty upon the petitioning spouse;   

(8) has been convicted of a felony or other infamous crime; or

(9) infected the petitioning spouse with a sexually transmitted disease.

Source: 750 ILCS 5/401

If you live in Chicago or elsewhere within Cook County, Illinois, and you are seeking an attorney to represent you in your divorce, please contact the Law Offices of Wayne & Jemilo at (312) 332-2919 to schedule a consultation. Please mention that HTN Law’s Legal Blog referred you.

Inequality in Girls' Sports Alleged Against Chicago Public Schools

2010-11-10T12:39:00.000-06:00

The Nation Women's Law Center (NWLC), based in Washington, D.C., filed an administrative class complaint with the U.S. Department of Education today alleging the Chicago Public Schools is not providing equal opportunities for female high school students to play sports under Title IX's three-part participation test. The NWLC is asking the Chicago Office for Civil Rights investigate the high schools in the District to determine whether they are providing girls with equal opportunities to play sports as required by Title IX and remedy any unlawful conduct.

To view the complaint in its entirety, click here.

Elephant Visitation Rights

2010-11-09T09:37:00.000-06:00

Carol Buckley, the founder and former president of the Elephant Sanctuary in Hohenwald, Tennessee, is in a legal battle with the Sanctuary's Board of Directors. The Board fired Buckley a few months ago. Buckley filed suit against the board for unlawful termination, defamation, and elephant visitation rights.

Buckley wants to be able to visit Tarra, an elephant Buckley got when Tarra was only a year old. She had trained Tarra and compares Tarra as her child. CBS News correspondent Steve Hartman first brought this story.

Jammie Thomas-Rasset Loses, Again

2010-11-05T13:37:00.000-05:00

Jammie Thomas-Rasset for the third time was found liable for downloading music. The jury determined a $1.5 million award for the plaintiffs, four recording companies represented by the RIAA.

Copyright Infringement Alleged Against the Black Eyed Peas

2010-11-04T12:03:00.002-05:00

Chicago artist Ebony Latrice Batts, aka Phoenix Phenom, and her producer and co-songwriter, Manfred (Manny) Mohr filed a lawsuit alleging that the Black Eyed Peas copied Phoenix Phenom and Mohr’s song “Boom Dynamite” when they wrote and recorded their hit song “Boom Boom Pow.” Read more about this here.

Jam Productions files lawsuit against Ticketmaster

2010-11-03T12:43:00.001-05:00

Jam Productions filed a lawsuit against Ticketmaster in Cook County Chancery Court on Monday. Read Greg Kot's article about it here.

Kevin Trudeau held in CRIMINAL contempt. Ha!!!

2010-02-12T22:21:00.000-06:00

Thank you, Judge Gettleman. Thank you for holding Kevin Trudeau in criminal contempt. Here's the link to the rest of the story.

Kevin Trudeau, You're in Contempt...Still!

2010-01-01T03:12:00.002-06:00

After celebrating the new year, I was still awake and happened to have the tv channel on CNBC. I had seen reports on Kevin Trudeau before. He had made some false claims in his weight loss book. He was interviewed by ABC's 20/20 and NBC's Dateline.

This early morning I found Mr. Trudeau hawking another book, Debt Cures II. Judge Gettleman entered an order against Mr. Trudeau on August 7, 2008, stating in pertinent part that "Kevin Trudeau is in contempt of the court’s 2004 Injunction, and enjoins him, or any person or entity acting in concert with him, from participating in the production or publication of any infomercial for any product, including books, in which Mr. Trudeau or any related entity has an interest, for a period of three years from the date of this order." Mr. Trudeau made a point in the infomericial that he was not earning one dollar for advertising his new book claiming it is his First Amendment right to talk about the book. Judge Gettleman did express, however, that "to the extent the First Amendment arguably protects any non-misleading portions of Trudeau’s infomercials, it need not trump the public’s interest in obtaining compliance with federal court judgments."

After receiving a $37.6 million fine from the federal court, you are still thumbing your nose at the FTC and the Court, Mr. Trudeau.

Thank You, Judge Bakalis

2009-07-30T13:40:00.003-05:00

A mixed-breed pitbull, Rampage, was encouraged to participate in a dogfight with another neighborhood pitbull, Ace, on May 23 in Lombard, Illinois. Both dogs were injured. Robert Kollman, 21, was charged last month with encouraging the family dog to participate in a dogfight.

Yesterday, DuPage Judge George Bakalis approved a request that Rampage, who has been in the DuPage County Animal Control Shelter since the fight, can be returned to Rhonda Kollman, Robert's mother. Robert has to remain 1,000 feet away from Rampage pending the outcome of his criminal case.

Thank you, Judge Bakalis, for allowing the return of the family dog and keeping the criminal away.

For more on the story, click on here.

Five-State Dog Fighting Ring Busted

2009-07-15T11:29:00.002-05:00

I was happy to learn that the FBI reported that a five-state dogfighting ring was busted recently. About 350 dogs were seized during early-morning raids on July 8, 2009, in Missouri, Illinois, Iowa, Texas, and Oklahoma. For more on the story, go to the FBI website.

Dawg vs. Dog: Trademark Infringement Suit

2009-06-25T09:40:00.002-05:00

The well-known hot dog eatery in Chicago, Superdawg, sued in District Court a new hot dog restaurant, Superdog, located in New York City for trademark infringement. Superdawg is asking the court to force Superdog to drop its moniker and for damages for the alleged trademark infringement. Get the rest of the story here.

Jammie Thomas Loses Again in RIAA Lawsuit

2009-06-19T10:12:00.004-05:00

Jammie Thomas was found liable for wilfully violating the copyrights of 24 songs by a federal jury yesterday. The jury awarded the recording companies $1.92 million. This was the defendant's second trial. She was better off in the first trial. The jury found her liable for $222,000 in 2007.

Read the AP article here.

Italian Artifacts found in Berwyn

2009-06-09T09:44:00.001-05:00

I am happy to see that some stolen artifacts from the Vatican found recently in Berwyn, Illinois will be returned to Italian authorities. You can read the entire story here.

Rare Viola Recovered in Chicago

2009-06-07T14:12:00.003-05:00

On Tuesday, a Chicago suburban woman's $260,000 viola and bow were snatched from her by Henry Cuevas of Chicago. He held her viola for $50,000 ransom. More information on this story can be found on the Chicago Tribune website.

Woman Can Keep Her Five Dogs

2009-05-12T10:46:00.004-05:00

Margaret Bucher fought the Village of Wheeling, a northwest suburb of Chicago, to keep her five dogs and won. The village ordinance mandates a four-pet limit. Bucher argued, on her own behalf, that the ordinance was vague and was not clear whether it applied to individual households or people. Bucher's 43-year-old daughter lives with her. Bucher stated that with two individuals together, they are under the four-pet limit. The article was posted on ChicagoTribune.com.

Chicago Landlord Shuts Off Utilities

2009-05-06T12:42:00.002-05:00

Chicago area landlords, you cannot interfere with public utilities. See what happened to one Chicago landlord as reported by the Chicago Tribune.

Jeff Tweedy Responds to Jay Bennett Lawsuit

2009-05-05T16:51:00.002-05:00

Palmer Houchins from Paste Media Group sent me this link which includes Jeff Tweedy's response regarding the lawsuit filed against him yesterday by Jay Bennett's attorney.

Ex-Wilco member sues Jeff Tweedy

2009-05-05T09:15:00.004-05:00

Yesterday, former Wilco member, Jay Bennett, filed suit in Cook County Law Division against Wilco frontman, Jeff Tweedy. Bennett claims, among others, Tweedy did not compensate him for his appearance in "I Am Trying to Break Your Heart," which documented the creative process behind "Yankee Hotel Foxtrot" in 2000 and captured a scene of Tweedy and Bennett bickering over the mixing of "Heavy Metal Drummer." The suit argues that Bennett was never paid for his role and that Tweedy "never obtained the necessary releases for the use of Bennett's performance in the film."

Bennett is represented by attorney Timothy Donahue, the same attorney who represented Ken Coomer, former Wilco drummer, in 2004 in a lawsuit against Tweedy.

For more infoformation, read the Chicago Tribune article.

Art Institute of Chicago Fee Increase

2009-04-28T08:53:00.002-05:00

The Art Institute of Chicago announced earlier this month that its admission fee would increase to $18 from $12 and for students and seniors $12 from $7, effective May 23. Alderman Ed Burke is in a battle with the Art Institute stating that the increase is not affordable for most of Chicago's residents. Mr. Burke is trying to pressure the Art Institute to increase its free admission hours pursuant to a city ordinance from 1891. You can read the article here.

Hark!

2009-04-23T09:54:00.002-05:00

Hark! King Richard doth proclaim this day in the fair land of Chicago as "Talk Like Shakespeare" Day.

Can Smiling Predict the Success of a Marriage?

2009-04-15T13:12:00.002-05:00

Can the amount of "smile strength" determine the success rate of your marriage? Some researchers seem to think so. Take a look at Clara Moskowitz's article from livescience.com.

Thank You, Mr. Beckerman

2009-04-08T10:34:00.002-05:00

On March 26, 2009, New York attorney Ray Beckerman called my article on the RIAA's file-sharing witch hunt "interesting." Thank you, Mr. Beckerman. I respect everything you do to stop the RIAA's litigious ways.

Anyone interested in current RIAA cases, please go to Mr. Beckerman's blog, Recording Industry vs. The People, for updates.

The Tragedy of Duncan and Jake Leichtenberg

2009-04-01T10:02:00.004-05:00

A mother, Amy Leichtenberg, recently lost her two sons, Duncan and Jake, to the hands of her ex-husband, Michael Connolly. Connolly was awarded unsupervised visitation of his sons in October 2008 despite the fact he violated protections orders over 50 times. Nine months of good behavior does not absolve one's prior acts involving threats of cutting open Amy's parents, harming her, or Michael committing suicide.

I don't know Amy, but I went to school with some of her friends when I lived in Bloomington, Illinois from 1980-86. My heart goes out to her. The court system truly failed her and her sons this time. What happened to the legal standard - "best interests of the children?" She truly has been living in hell for the past four years.

Please read the Chicago Tribune article for more information.

The RIAA versus the People: A File-Sharing Witch Hunt

2009-03-26T10:27:00.005-05:00

My article, "The RIAA Versus the People: A File-Sharing Witch Hunt" was published in the DCBA Brief, The Journal of the DuPage County (IL) Bar Association in February. You can access small portions of the article on the DCBA website. Last December, after I submitted my article for publication, the RIAA announced that they have decided to shift their litigation strategy. Instead of filing mass John Doe lawsuits, the RIAA is collaborating with ISPs to curb illegal downloading and file-sharing.

Proposed Amendments to the Illinois Animal Control Act

2009-03-25T10:30:00.003-05:00

From today's ISBA E-Clips:

House Bill 2703 (Tyron, R-Crystal Lake) creates administrative hearing officers positions in counties to hearing cases involving animals. Amends the definitions of animals subject to the Act. Makes changes regarding county board's administration for animal control. Creates a program to spay/neuter feral cats. Changes provisions regarding inoculation of animals, impoundment, and redemption. Creates provisions regarding imported dogs. Makes provisions regarding vicious dogs and dangerous dogs. On second reading in the House.

Why Dogs Chase Their Tails

2009-03-24T23:14:00.003-05:00

I know this isn't a legal issue, but it does relate to dogs who chase their tails. It's a sign of high cholesterol. I was surprised by this story since I have a Jack Russell Terrier who chases his tail. See the article for more information.

Suspected Puppy Mill in Chicago Raided

2009-03-24T12:00:00.002-05:00

Breaking News! There was a suspected puppy mill that was raided this morning on the south side of Chicago. Read the article on the Chicago Tribune website for more information.

Letter from the AFM President

2009-03-23T10:07:00.001-05:00

Washington Hears the AFM Roar!

March came in like a lion for the American Federation of Musicians of the United States and Canada (AFM). I’m not talking about the weather, but instead how the AFM roared into Washington to lobby for an important piece of legislation – the Performance Rights Act.

The AFM has been fighting for a full performance right in sound recordings broadcast over AM/FM radio, and in March our activities really heated up.

It all started about a year ago when the AFM joined forces with other performing arts groups, record labels and others to form a coalition called musicFIRST. Our goal is to ensure that aspiring performers, local musicians and well-known artists are compensated for their music when it is played both today and in the future. Of all the ways we listen to music, corporate radio is the only one that receives special treatment – they have a free pass to play music, refusing to pay even a fraction of a penny to the performers that brought it to life.

Congress is now considering legislation that would change all that, the Performance Rights Act (H.R. 848 and S. 379). The measure has been reintroduced in both the House and Senate and already has bipartisan support.

AFM and the musicFIRST Coalition kicked off our campaign to see passage of the measure into law this session of Congress with a huge event on Capitol Hill. Artists and musicians, including will.i.am, Sheryl Crow, Herbie Hancock, Emmylou Harris, Patti LaBelle, Matt Maher, Los Tigres del Norte and Dionne Warwick, all went before Congress to speak in support of the act for themselves, and for artists and musicians from across the music community.

AFM Members from Across the Country Fly In to Lobby Congress

And just a few days later, AFM members from across the country converged on Washington to lobby members of Congress from their home states, asking for support of the Performance Rights Act.

We had AFM musicians from all over the country who came to Washington to make their voices heard. Their message was clear – this piece of legislation is crucial to all musicians, and now is the time for passage. The AFM will continue to urge our lawmakers to make the Performance Rights Act a top legislative priority this session.

In Solidarity,

Thomas F. Lee
International President

To make the Performance Rights Act a reality, we need your help. Please visit the link below, and select “Take Action” to contact your legislators. It only takes a few minutes to make a big difference.
http://tinyurl.com/afm-act1

Newly Proposed Copyright Exemptions

2009-03-17T11:41:00.003-05:00

The Library of Congress announced on March 9, 2009, that there will be public hearings in Palo Alto, CA May 1, 2009, and in Washington D.C. on May 7-8, 2009, in regards to proposed copyright exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works.

For more information, see 74 FR 10096 and 73 FR 79425.

I want to major in music!

2009-03-09T21:14:00.004-05:00

My response to Howard Reich's article, "College music programs booming despite economic bust," from The Chicago Tribune:

I am glad Mr. Reich wrote this article. When I decided to be a music major in the late 80s, my grandmother told me, "You should be a teacher." I said, "Nah, I want to be a performance major. I want to perform in orchestras." I had a passion for music. I still do.

When I studied music in college and graduate school, I was bombarded with technical etudes, study plans on how to practice, and regular auditions to test my abilities. The music study was highly regimented. This exposure to discipline is a trait that many employers love to see in their prospects. Those who major in music in college typically are better students overall.

I have many former music colleagues who have become doctors, lawyers, and accountants, but they still love music. Some don't play anymore but still appreciate attending a symphony or chamber orchestra concert. I had one former classmate who played the violin. She told me that she had sold her violin 15 years ago but now regrets it.

What's my point? Let kids study whatever they want in college. Let them pursue their passion. Let them preserve the arts. They will be successful and earn a living when the time comes. It may not be in music, but they will help keep the music alive.

Order of Protection and Animals

2009-03-07T20:32:00.003-06:00

Over a year ago, the Illinois legislature enacted an amendment to the order of protection statute to allow orders of protect to extend to family pets.

The criminal code states that the petitioner shall have "the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal."

See 725 ILCS 5/112A-14 (11.5).

Abandoment

2009-03-05T10:55:00.000-06:00

You’re in a bad marriage. You want to leave but you’ve invested so much in the house. You think, “If I leave this house and move into an apartment, I’ll lose my rights to the property. I’m abandoning my children and property.” Not so. To constitute abandonment in many jurisdictions, a party willfully deserts himself /herself from his/her spouse for a minimum period of one year. This spouse provides no or limited financial support for the household and children.

If the environment is hostile, get out of there. Your state laws will govern how the marital property gets distributed in a divorce proceeding if you and your spouse cannot agree on a settlement.

Welcome to the HTNLAW Legal Blog!

2009-03-04T21:18:00.000-06:00

I welcome you to my blog dedicated to legal topics, primarily in the areas of family law, entertainment and art law, animal law, and maybe a touch on Chicago politics. Stay tuned in the next few days for my first substantial submission.