Aggressive Dogs: Is it the Breed or the Owner?

 Posted on February 27, 2014 in Personal Injury

Many people have preconceived notions about certain dog breeds. For example, pit bulls, rottweilers, and dobermans are all breeds that generally have a negative connotation associated with them. In addition, many people consider larger dogs to be more dangerous than smaller ones. A recent article published by Post Crescent examined the stereotypes behind dog breeds and whether they are warranted.

Training by the Wrong Owner

The article suggests that perhaps the aggression of any particular dog has more to do with training by its owner than any inherent characteristics the dog itself possesses. Many of the larger breed dogs, including the ones listed above, are loyal to their owners, intelligent, and are easily trained, and thus it is not hard to imagine that the outcome could be poor when these dogs are raised by the wrong owner.

In fact, their reputations as being dangerous dogs could very well be a factor as to why they so often end up in the wrong hands. But, it is important to note that other dog breeds, besides those commonly thought of as dangerous, have been shown to actually be more aggressive than breeds such as pit bulls.

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Trucking Accidents Continue in Illinois

 Posted on February 24, 2014 in Personal Injury

Tragic accidents involving semi trucks continue to occur in Illinois. The Daily Herald reported recently that a truck accident is being closely investigated by two federal agencies, after it caused the death of a tollway worker, and seriously injured a state trooper. The accident happened on I-88 in Aurora. Both the National Transportation Safety Board (NTSB) and the Federal Motor Carrier Safety Administration (FMCSA) started their investigations earlier last week.

The Crash

As the tollway worker and trooper were assisting a disabled semitrailer, they were struck by a truck driver. The truck driver, who is currently facing criminal charges, allegedly only slept for three and a half hours over the course of his 37.5 hour shift, during which he traveled through several states. He collided with both the trooper's and tollway worker's parked vehicles, despite the fact that their emergency lights were flashing.

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Justin Bieber Arrested. What About Deported?

 Posted on February 20, 2014 in Immigration

Justin Bieber was recently charged with drunk driving and resisting arrest after police caught him street racing in Miami Beach. Justin Bieber told police he had not only consumed alcohol, but had taken prescription medication and smoked marijuana as well. Bieber and a friend were arrested while racing their Lamborghinis in a residential area, where they were going nearly double the speed limit.

Let us combine the story above with the Obama administration policy meant to focus the U.S. Department of Homeland Security on deporting criminals, while dismissing deportations of illegal immigrants who do not pose a threat to public safety. One question arises: Why has the U.S. not deported Justin Bieber? For those of you who do not already know, Justin Bieber is a Canadian citizen.

Since August 2011, the President has targeted criminal non-citizens for deportations, focusing on people who are involved with violence, drugs, or have criminal records. These deportations are carried out through programs like the U.S. Immigration and Customs Enforcement’s Secure Communities Program. This program uses existing information partnerships between ICE and other law enforcement agencies to pinpoint non-citizens that have a criminal record. The FBI and local law enforcement, for example, automatically checks fingerprints of arrested individuals against DHS immigration databases. If the checks reveal that the individual is removable, ICE can initiate removal proceedings. These proceedings are, of course, at the behest of ICE, which takes into account how significant a threat the individual is to public safety when determining whether to deport the individual or not.

As of July 2012, Obama has deported over one million illegal immigrants. This is significantly more than the deportations reported by Former President Bush under his administration. Unfortunately, some of these deportations have nothing to do with violent crime. Take the “tamale lady”, who was arrested in Sacramento County for trespassing. Why was she trespassing? She was selling tamales in the Walmart parking lot so she could buy food and clothes for her family. After being arrested, she was detained in jail for two weeks.

In a recent report from Berkeley Law School, it was found that the Secure Communities program disproportionately targets Latinos because it requires local law enforcement to submit fingerprints of those arrested that they suspect might be in the United States illegally. Thus, while the tamale lady may get deported for trespassing in a Walmart parking lot, Justin Bieber does not have to worry, despite drinking and driving, street racing, and doing drugs.

While Bieber is on an O-1 Visa, it can be rescinded if certain conditions are met, such as a conviction for violent crime or being sentenced to more than one year imprisonment. His visa may receive tighter scrutiny if he continues to violate U.S. law in the future, so Bieber should consider cleaning up his act.

If you have any questions relating to immigration or immigration law, contact an Illinois immigration attorney today.

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Kardashian/Odom Divorce: High Stakes and High Visibility

 Posted on February 20, 2014 in Family Law

The Huffington Post is reporting that the divorce of reality star Khloe Kardashian and NBA analyst and former basketball player Lamar Odom will be a significant story arc in the upcoming season of E! Entertainment Television’s hit reality show Keeping Up with the Kardashians. The couple married in September 2009, but controversy has wracked the relationship from the beginning. Amid accusations of infidelity on Odom ‘s part, as well as alleged cocaine and Oxycontin abuse, the couple filed for divorce last December. Kris Jenner, Kardashian’s mother, told the Huffington Post that the couple's’ troubles, Khloe’s trial in dealing with the relationship’s end, and the couple putting their $5 million mansion up for sale will all be covered in Keeping Up with the Kardashians’ upcoming ninth season.

Divorce is never easy, even when it seems that it is the right thing to do. But when large amounts of money are involved, emotions tend to cloud the judgment. It is easy to lose oneself in the mentality of “winning” versus “losing.” One may become reluctant to agree to anything out of sheer spite. A good way to avoid this kind of counterproductive thinking is to enter into a prenuptial agreement before getting married. If the time for that has come and gone, it is important to properly evaluate the worth of your assets before entering into divorce proceedings.

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How Dangerous are Home Births?

 Posted on February 19, 2014 in Personal Injury

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Cable Barriers on Illinois Roadways: An Issue Revisited

 Posted on February 14, 2014 in Personal Injury

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How One Big IT Company Sees U.S. Immigration

 Posted on February 13, 2014 in Immigration

Infosys and U.S. immigration policy have a tumultuous relationship that gives just a glimpse at some of the big business interests behind the U.S. immigration system.

Infosys Immigration Fine

As we reported in an earlier blog, every year, companies rush to apply for H-1B employment visas because of the 65,000 yearly cap on visas the United States will award. Last October, the Department of Homeland Security and the State Department accused Infosys, an Indian company of bringing employees to the United States through B-1 visas instead of H-1B visas. B-1 visas are much easier to obtain, and are significantly cheaper, but are only meant for short business-related visits. They allow foreigners to enter the United States for short-term business conventions or consultations, for example, and can be obtained within a few days for under $200. H-1B visas, on the other hand, take several months to process, and cost roughly $2,000. Although the company denied the charges that it was fraudulently and intentionally using B-1 visas to cut costs, it settled the claim made by federal prosecutors for $34 million.

This settlement, which was one of the largest in U.S. history, has come along at a time when immigration policy is in flux, and U.S. employment numbers are low. Regardless of if Infosys hired employees through B-1 visas intentionally or did so accidentally, the action allowed Infosys to outbid other companies for programming projects. It also took employment opportunities away from others that should have had them.

Immigration Reform

With immigration reform on the horizon, it is reported that companies like Infosys have begun moving work overseas to avoid the potential increased visa costs and increased minimum salaries for H1-B visa holders. These companies argue that IT service companies will be harmed across the board if visa costs increase or there are directives for added U.S. citizen hiring.

For their part, U.S. policy makers have been trying to balance technology company requests for an increase of H-1B visas with new enforcement protections. While Silicon Valley has stated that there is a shortage of Americans with sophisticated technological skills, those in the House of Representatives are trying to protect American jobs.

With over 40 years of experience on immigration matters, if you have any questions regarding your employment status or visa in the United States, contact an Illinois immigration attorney today. We are here to help and confident in our ability to effectively represent you.

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Poll Shows 94 Percent of Married Couples Happy in Their Marriages

 Posted on February 13, 2014 in Family Law

The chtribune is reporting that a staggering 94 percent of married couples claim to be “happy” or “very happy” in their marriages, according to a poll commissioned by Thomson Reuters. The poll questioned over 1700 married or cohabiting American adults. While on the surface this poll belies the 45 percent divorce rate in America, experts are quick to advise that these results be taken with a grain of salt.

“Direct observation and analysis of the interactions is the way to really learn what’s going on in a relationship,” said certified couples’ therapist Donald Cole of the Gottman Institute. Cole did say of the poll that the statistics gleaned are “a good starting point.”

The poll shows that arguments between married couples are frequent, but that a majority of those polled report having “heated arguments” less than monthly or never. This reflects a growing understanding amongst couples’ therapists that attempts to solve problems are often counterproductive. Carrie Cole, a certified therapist, said that “[r]esearch shows only 31 percent of our problems are solvable; 69 percent are perpetual.” This means that acceptance of differences may be better for the health of the relationship than trying to solve every problem. “Problem-solving is highly overrated,” said Donald Cole who, incidentally, is married to Carrie Cole.

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Illinois Lawmaker Works to Make High School Football Safer

 Posted on February 12, 2014 in Personal Injury

With the recent superbowl, there will be no shortage of news stories and media reports about the game and the sport of football in general. Many football fans are aware of the relatively recent concerns that have been voiced over the safety of the game and the long-term health consequences of taking repeated hard hits on the football field. And perhaps it is no surprise that a lawmaker in Illinois is trying to ensure the safety of high school football players.

A recent article from the Daily Herald reports that State Representative Carol Sente is working with the Illinois High School Association (IHSA) to ban full-speed tackling during football practices in the summer. Their proposal is aimed at reducing contact at practices in which the high school players participate before their regular season. Further, the measure would do away with live contact during practices in the summer, and it would require coaches to teach players safe tackling techniques. The Executive Director of the IHSA clarified that some contact would be permitted, but would not include full contact and students being tackled to the ground during practices in the summer months. The proposal is expected to be finalized at a meeting on February 19th.

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Jury Awards Illinois Teen $910,000 as Result of Bicycle Accident

 Posted on February 07, 2014 in Personal Injury

Media outlets are reporting that a high school student from southwestern Illinois and his parents will get a combined $910,000 award as a result of injuries the teen suffered in a bicycle accident almost four years ago. The defendant in the lawsuit was a construction company, which was in the process of constructing an office building in the city of Alton. It was alleged and the company admitted it had misplaced the steel beam that the teen hit while riding his bicycle to school in March of 2010.

According to an article published by the Edwardsville Intelligencer, the award was divided into $725,000 to the teen and $185,000 to his parents. That article said that at the time the teen was riding his bike to school the day of the accident, construction workers were working on adding the roof to the building they were completing. The project supervisor testified that just before the accident, one of the workers had just loaded multiple steel beams into the front of a backhoe that was then parked next to the sidewalk. The supervisor then left that area and the worker followed him, leaving no one to monitor the front of the building where the backhoe was parked.

The ends of the beams extended beyond the backhoe's bucket by about six feet, and was four feet off the ground.

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