November 17, 2013 | otmseo

The Right to Bear Arms and Illinois UUW Laws

Since the Illinois Supreme Court found certain provisions of the Illinois Unlawful Use of a Weapon statute unconstitutional I started reading “The Roberts Court, the Struggle for the Constitution” by Marcia Coyle.   The Second Amendment, which is part of the first ten amendments to the Constitution, is known as the Bill of Rights.  The […]

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November 5, 2013 | otmseo

UUW Charges and Chicago Police Street Stops

What has the new Illinois gun law really changed for people facing gun charges?  Not much.  A few weeks ago, the Illinois Supreme Court found a specific section of the Illinois Unlawful use of a Weapon statute unconstitutional.  720 ILCS 5/24-1.6 In People v. Aguilar, Docket # 112116,  the Illinois Supreme Court found  a section […]

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October 17, 2013 | otmseo

Is being Too Drunk a Defense to a DUI in Illinois?

Not in Illinois.  In Illinois for a person to be found guilty of DUI all the state needs to prove are the following: 1.  That the defendant drove, or was in actual physical control of a vehicle; and 2.  That at the time the defendant drove or was in actual physical control of a vehicle, […]

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May 12, 2013 | otmseo

Websites lawyers love (and you will too) – ABA Journal

The always crowd-pleasing session “60 Sites in 60 Minutes” closed the ABA Techshow Saturday as speakers Britt Lorish, Eric Mazzone, Lincoln Mead and Mark Rosch shared their top websites for lawyers. A few of our favorite sites include: • Viivo and Sookasa: If you share and store documents in the cloud-based storage system Dropbox, then […]

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May 11, 2013 | otmseo

Drug dog sniff outside home is search, SCOTUS says; Scalia opinion relies on curtilage concept – ABA Journal

The U.S. Supreme Court has ruled that police conducted a search within the meaning of the Fourth Amendment when they used a police dog to sniff for drugs on the porch of a home. Conservative Justices Antonin Scalia and Clarence Thomas joined with three of the court’s liberals to form a majority. The case is […]

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February 7, 2013 | otmseo

Floyd Landis vs Lance Armstrong False Claims Case

The False Claims Act case against Lance Armstrong is the focus of an article in the Chicago Daily Law Bulletin with numerous quotes from Chicago False Claims Act attorney Michael C. Rosenblat. Lance Armstrong

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January 15, 2013 | otmseo

Lance Armstrong sued under False Claims Act

According to an article in today’s WSJ Floyd Landis filed a suit against Armstrong alleging he violated the FCA by defrauding the US Postal Service

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January 8, 2013 | otmseo

$2.4 million settlement against Stericycle, Inc

For Immediate Release: January 8, 2013 Qui Tam False Claims Act Lawsuit filed by Jennifer Perez On January 8, 2013, Attorney General Eric T. Schneiderman announced a $2.4 million settlement against Stericycle, Inc., one of the largest medical waste disposal companies in the United States, for overcharging nearly 1,000 New York government entities. The lawsuit […]

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December 11, 2012 | otmseo

Court Declares Illinois Gun Laws Unconstitutional

Court Declares Illinois Gun Laws Unconstitutional Today the 7th Circuit Court of Appeals declared that the Illinois law prohibiting a person from carrying a loaded concealed gun unconstitutional. Moore v. Madigan, 12-1269. The Court after going through an historical review and a look at the U.S. Supreme Court cases of District of Columbia v. Heller, […]

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October 23, 2012 | otmseo

97% of Federal and 94% of State Convictions are Guilty Pleas

Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas. With that in mind, the Supreme Court has expended a defendant’s right to counsel to plea-bargaining having determined that negotiating a deal with the government is a critical stage in representing a client.  Poor advice on the law […]

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