Christopher R. Minelli’s Answers

Christopher R. Minelli

Chicago Business Attorney.

Contributor Level 12
  1. When a women is pregnant with another mans baby and then gets married when pregnant who has to pay child support

    Answered almost 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The duty of support attaches with the legal father. The law presumes that the husband of the pregnant woman is the father, even if he has actual knowlege that the child is not his, provided they are still married when the child is born. Changing the status of the father for child support actions requires a "paternity action" to be filed in state court. To be sucessful, you will have to show evidence (usually scientific, like a blood or DNA test) that the child is biologically the father's,...

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  2. How can I legally evict my 28 year old son from my house?

    Answered almost 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    This situation can get complicated. First, it is advisable (from a family perspective) to ask yourself whether getting the legal system involved is worth the potential fallout of hurt feelings and mistrust that may result. Second, the "legal" answer is muddled without more facts. Generally speaking (and there are exceptions), an eviction is only needed where a "landlord-tenant" relationship exists. This is usually evidenced by an agreement of some sort wherein you provide a place to stay in...

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  3. My employee mistakenly undercharged a customer and the customer signed the contract. Can we void the order?

    Answered almost 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    This is a complicated question, and likely will depend on how "huge" a mistake was made. The law treats the unilateral mistake (versus mutual mistake) of one party as something that can be fixed in a court action called "contract reformation" provided the non-mistaken party KNEW or HAD REASON TO KNOW of the mistake. For example, if your buyer had reason to know the price was far to low, and took advantage of the situation, then the contract could be re-written by a court to reflect reality....

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  4. Can a 3rd party be sued for not mentioning and intentionaly giving herpes to someone?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    There is some case law in the United States that indicates a person in your situation would be able to recover for battery and intentional infliction of emotional distress. Illinois (to my knowlege) has not ruled on the matter as of yet. NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in...

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  5. I am a condo owner, what are my rights to stop the owner above me from holding dance lessons?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The answer depends on your condominium's declaration and bylaws, including any written rules and regulations you may have. These documents determine the rights and remedies you have at your disposal. I would approach a thorough reading of the documents with two considerations in mind, both of which you mentioned in your question: (1) are "businesses" prohibited and if so, what constitutes a "business," and (2) what rights to unit owners have against others that are causing destruction to...

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  6. I rcvd a speeding ticket for 70 in a 45 construction zone. Can I introduce evidence from I-Pass showing my avg speed was 48?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    To be admissible in Illinois, evidence must be relevant. You can certainly try to introduce the evidence, but the prosecution will likely object (or the court will object for them in the interests of expediency) based on the fact your evidence doesn't prove or disprove anything specifically. The evidence simply shows that your average speed between two points was 48 mph.... it does not go to the "heart" of the matter, which is whether you were exceeding the speed limit at the time the officer...

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  7. If I quit my job would this be considered "good cause" in Illinois to apply to unemployment?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    Likely the answer would be "no." The general rule under the Illinois unemployment statutes is that, where a person causes the unemployment themselves, then they are ineligible. This means that where a person voluntarily becomes unemployed or quits a job they cannot recieve unemployment benefits. However, the Illinois Unemployment Insurance Statute does provide an exception to this rule for employees that quit their employment "(for cause) attributable to their employing unit." Therefore,...

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  8. Was I terminated unfairly and do I have a cse against them?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    1 lawyer answer

    The answer is likely no. The general rule in Illinois is that an "at-will" employee (meaning an employee that is not under contract with his employer for a specific amount of time) can be terminated at will with or without cause. The same holds true for an employee if he or she wishes to quit at any time. Therefore, an employer may terminate an employee for any reason unless (1) it violates public policy or (2) the intentions of the employer are unconstitutionally discriminatory under state...

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  9. Cosigned for a vehicle and now the main signer is deceased. The loan is still on my credit report.

    Answered about 5 years ago.

    1. Christopher R. Minelli
    2. Salim John Sheikh
    2 lawyer answers

    First, I'm sorry to hear of your loss. The best thing to do would be to contact the three credit agencies(TransUnion, Experian, and Equifax) and ask their customer service numbers what the procedure is for each to dispute the notation on your credit report. Likely the notation will not be on all three, but to do a thorough job all three agencies should be contacted. The agencies will likely need to see some sort of proof of your claim, such as a copy of a death certificate. Be sure to...

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  10. I am thinking of renting a house.The owner wants to add her name to the lease as a tenant. What would be the purpose for this?

    Answered about 5 years ago.

    1. Christopher R. Minelli
    2. Kevin J. Connolly
    2 lawyer answers

    I agree with the above answer. In Illinois, the applicable law for landlord-tenant relationships is the written lease itself and state and local statutes and ordinances. In addition to having a lawful right to occupy the premises, the landlord would also be shielding herself from the tenant protections provided by the Chicago Residential Landlord-Tenant Ordinance ("RLTO"). The RLTO is a very tenant-focused progressive law that provides Chicago tenants with rights that usually do not...

    1 person marked this answer as helpful