Awaiting Results from 2021 Best Lawyers in America Designation

For several consecutive years Hannafan & Hannafan has achieved the status of Best Lawyers in America. This was true in 2020, and the firm is awaiting the results for 2021.

The Best Lawyers in America was first published in 1983. Since then, the same tried and tested peer review process has been used consistently for more than thirty years. While the scope and scale of The Best Lawyers in America publication has dramatically grown over the years, its core mission to highlight the top legal talent in America has remained unchanged.

Update from IL Supreme Court on Resuming Judicial Operations from COVID-19

Illinois Supreme Court Guidelines for Resuming Illinois Judicial Branch Operations during the COVID-9 Pandemic - May 20th Update

As noted in the Supreme Court’s May 20, 2020 order, chief circuit judges are authorized to develop plans for resumption of court operations in their circuits. Plans for each circuit, which may even differ from county to county, should be based on the factors specified in the order and with due consideration to the guidelines in this document.

The local plans should continue to promote the use of remote hearings where appropriate. To the extent that the March 17, 2020, order prohibits in-person proceedings on non-essential matters, that provision is relaxed in accordance with a chief judge’s local plan. This directive acknowledges both the successful use of remote hearings during the stay-at-home order and the reality that jurisdictions will need to take the appropriate amount of time to gradually resume holding matters in the courthouse. In most jurisdictions, this will be a slow process and the pace will be dependent on local conditions which may change rapidly.

The May 20, 2020, order also modifies the April 7, 2020, order which provides that chief judges may continue trials until further order of the Court. Such continuances remain excluded from speedy trial computations and statutory time restrictions are tolled until further order of the Court. The May 20 modification states that this provision also applies when a trial is delayed when the court determines proper distancing and facilities limitations prevent the trial from proceeding safely. The judge in the case must find that such limitations necessitated the delay and shall make a record thereof. This May 20 modification acknowledges the significant challenges most courts will immediately face in resuming trials at the courthouse, and jury trials in particular, in a manner that assures the safety of all participants.

For the full article, please visit: https://courts.illinois.gov/Administrative/covid/052020_SC_GL.pdf

COVID-19 Update

The spread of the COVID-19 coronavirus continues to be monitored closely by the Illinois Judicial Branch. Reliable information is critical during times like these.  Two sources of verifiable information on COVID-19 are:  the Illinois Department of Public Health and the Centers for Disease Control. Please remember to take the following precautions:  wash your hands thoroughly, cover your cough with your elbow or sneeze with a tissue, and stay home if you are feeling sick.

PLEASE NOTE: Many Illinois courts are open for emergencies only. Additionally, the Illinois Supreme Court has issued extensions for deadlines in the Appellate Court and Supreme Court. Please contact the clerk in your county or appellate district for more information.

Are Personal Injury Damage Awards Taxable?

Often people wonder whether any money recovered from a personal injury lawsuit is subject to state and/or federal taxation. The answer is…it depends. There are a multitude of factors that will help you understand how personal injury settlements are taxed.

• The type of monetary damages obtained via a settlement or awarded via a jury trial

• Whether you have deducted certain medical expenses from your taxes that relate to the bodily injuries you endured from the accident

• Whether you were awarded punitive damages

Generally, money awarded from a personal injury settlement or jury verdict is not subject to taxation. However, this only applies to the compensatory damages you receive as restitution for the expenses incurred as a result of your bodily injuries or physical illness. The rationale for generally excluding compensatory damages is that these are paying you back for the damages you were forced to incur.

In most cases punitive damages are subject to taxation. Punitive damages are paid by a defendant as a form of punishment when it is determined that their conduct was especially offensive. The objective of this type of award is to effectively "make an example" of the defendant and hopefully deter other individuals from engaging in similar conduct.

How is COVID-19 Affecting the Court System?

Courts throughout the country are shutting down, postponing a case load of trials. Those that haven't shuttered all together are generally implementing strict protocols to keep people safe.

Check out us.courts.gov to keep track of various federal court orders.  A few examples include:

• In the U.S. District Court for the Northern District of Illinois, which includes Chicago, proceedings are being postponed, with filing deadlines being extended accordingly.

• The U.S. Supreme Court justices will work from home. Filing deadlines have not been extended.

• As of March 17th, the Ninth Circuit has closed to the public, and oral arguments are being determined on a case-by-case basis, in some cases holding argument via telephone or video. Filing deadlines will be extended on an “as needed" basis.

Of course, these are just a few examples of the various approaches federal courts are using.  This is a developing situation with many unknown answers at the moment. 

Clarification about Appeals

A popular misconception is that cases are always appealed. A losing party often does not have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn’t like the verdict.

In a civil case, either party may appeal to a higher court. In a criminal case, only the defendant has a right to an appeal in most states.

An appeal is not a retrial or a new trial of the case. The appeals courts do not usually consider new witnesses or new evidence. Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial’s procedure or errors in the judge's interpretation of the law.

Hannafan Rated Again as Illinois SuperLawyer

Blake Hannafan has once again been selected as an Illinois SuperLawyer.  SuperLawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

Staying Clear of Holiday-related Lawsuits

Sharing in the holiday season and festivities with family, friends and co-workers is all part of the celebration.  Deck the halls of your corporate office?  Hosting employee holiday parties with food, music and alcohol?  Sometimes, however, these activities can create legal liability for employers, particularly public entities.  Here are a few tips to keep in mind without spoiling employees’ holiday fun.

• Workplace and workspace decorations – avoid the appearance of endorsing one religion over another.  It is prudent to use employers who wish to decorate the workplace should use non-religious, winter themed decorations such as snowflakes, snowmen, candy canes, holly, and gingerbread houses.

• Holiday gift exchange – please remind employees to select gifts appropriate for the workplace.  Employees should be discouraged from buying items that contain profane, graphic, or inappropriate content.  A very modest limit on the cost of such gifts should be established, such as $10 or $15.

• Individual holiday gifts - some employees may choose to give individual holiday gifts to coworkers. Some employees may see selective gift giving as signs of discrimination or retaliation.  Aside from any sort of legal claims, selective gift giving may also create a tense workplace environment where employees’ feelings are hurt.  Employers can create and enforce policies that require employees to exchange gifts outside of the workplace during non-work hours.

• Holiday apparel and accessories - some employees may want to wear holiday apparel or accessories.  Prohibiting employees from wearing holiday themed apparel may give rise to claims of violation of free speech and religious expression.  Nevertheless, employers do have the right to make sure that any holiday apparel complies with internal dress code policies or standards of professionalism.

Best Lawyers in America Selects Hannafan & Hannafan as Top Law Firm

First published in 1983, The Best Lawyers in America has used the same tried and true peer review process consistently for 36 years. While the scope and scale of this publication has dramatically grown over the past three decades, the core mission of Best Lawyers to highlight the top legal talent in America has remained the unchanged. The firm Hannafan & Hannafan has been selected by peers for inclusion in the 26th Edition of The Best Lawyers in America for the company’s stellar work in Beth-the-Company Litigation and Commercial Litigation.

Tips to Avoid Trust Litigation

Similar to other court cases, trust litigation can be costly and take several months or longer to resolve. So, it’s best to try to take the necessary steps to minimize the likelihood of trust litigation. If you are a trustee, it is important to carry out your duties as a trustee properly. If you are the trustor, it is key to create your trust, so there is no basis for challenging it. Be sure and make the trust agreement as clear as possible without room for varied interpretation. This is an area where the Hannafan attorneys can help.