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Gerald William Napleton

Gerald Napleton’s Answers

522 total


  • Would emails of an attorney sent to opposing counsel be subject to foia if the attorney is contracted to do work for a town?

    Since the emails are not including the town (who is the client) I am thinking it would not be privileged.

    Gerald’s Answer

    Not only would it not be discoverable under FOIA but much of it would likely be considered privileged attorney-client communication.

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  • Am I stuck in a contract where there was no actual consideration?

    I kept my promise to give them what the contract said I was supposed to give them. I found out later that the thing that they gave me was not something that was theirs to give, but something that was provided to me by a third party. So what I am...

    Gerald’s Answer

    If you held up your end and you received what was contracted for then the transaction is complete with adequate contract principals of offer, acceptance and consideration (money in exchange for a product to you) have been met.

    More detail would be needed to suggest otherwise. It's possible the party you contracted with uses a third party for distribution of the product or service negotiated.

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  • I get ttd already do workers comp pay me for maintenance pay or additional pay

    My job couldn't accommodate my restrictions so im about to start vocational rehabilitation and by me getting ttd already can you tell me if i get additional pay by being in vocational rehabilitation by me not able to get back to my job i can't tak...

    Gerald’s Answer

    With permanent restrictions and vocational rehabilitation in the mix it is vital that you have an attorney to represent you from here. There's a lot of variables at play and the way the claim is handled from here could substantially affect the value and outcome. To answer your question, you will continue to receive TTD while undergoing vocational rehabilitation. Again, though, what happens during and after this process can have an effect on your claim. Please contact an attorney that represents Workers Compensation clients Asap!

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  • Help in some way would be appreciated. Can we sue the dealer and volkswagon for not taking these vehicles off the road?

    My daughter bought a used 2009 passat... I co-signed. Volkswagon I have learned are being sued for virtually almost everything to do with the motors... which is exactly what is happening with the my daughter car. There are 100's of complaints r...

    Gerald’s Answer

    The dealer likely wasn't aware of these issues. The manufacturer is to blame for the issues and many have been organizing class action lawsuits against Volkwagen. In fact, dealers are suing Volkswagen as well. I would look into which local lawyers are organizing a class action against Volkswagen.

    http://www.cliffordlaw.com/Class-Actions-Lawsuits/Volkswagen.shtml

    The Clifford Law Offices would be a good place to start. They're on top of their game there.

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  • Do we definitly have to be out by june 1st or can we wait until were served summons to go to court.

    Lease is up June 1st, just got notice yesterday under my door we have to vacate by june 1st because our lease isn't going to be renewed.

    Gerald’s Answer

    It means your lease is up and you'll need to vacate or risk eviction. You may be able to negotiate with your landlord about staying another month on a month to month basis while you find other housing.

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  • Why can workers comp. legally not pay weekly allowances? What are some options to prevent homelessness in the process?

    I was hurt at work and taken off work by the companies doctors. My weekly allowances stopped long ago and I have everything I own for sale on Craigslist. I don't want to take out a loan on the house when I can't pay for it. How do people survive d...

    Gerald’s Answer

    The Illinois Work Comp system, while imperfect, is one of the best in the Midwest. If you don't have an attorney yet I would strongly recommend getting one. The insurance company may be disputing your benefits for one reason or another and the best way to fight them is to have an advocate fighting for your rights under the act. Things don't happen as quickly as we would like but if you were injured on the job and not being paid your benefits you should immediately contact an attorney. They can argue with the insurance company and request the intervention of an arbitrator if the insurance company remains unwilling to pay benefits to which you are entitled under the law based on the facts of your injury.

    I hope you have better luck in the future. Find an attorney to represent you if you aren't represented already!

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  • CONDO HOA higher than listed in contract!

    final offer got accepted on a 2 bedroom condo and i have the contract with seller's info and has signatures but 2 days later, they say the monthly HOA is not what is listed in the contract and it is $100 higher and tells me they got this info late...

    Gerald’s Answer

    You should be able to back out. These things happen.

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  • Can I bypass the realtor, as the 3rd property is listed on other sites & he basically did nothing more than unlock a door?

    I met a student/realtor in a social setting. I joked about him helping me find a rental property, to which he replied he could. I spoke w/ him the next week, provided him with basic information about what I was looking for, and he sent me a list o...

    Gerald’s Answer

    Realtor fees for apartment leases generally are paid by the landlord and not the tenant.

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  • Landlord states she will not renew lease until she receives "pet" dep for animal she knows is a service animal. Do I have rights

    I am disabled in cook county. I was given a puppy in 2014 to babysit and ended up keeping him as he had been trained to be a service animal. My landlord did not want to allow the dog to stay, and we advised her that he was a working animal. He's r...

    Gerald’s Answer

    Do you have a doctor certifying that your disability requires this service animal?

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  • In Will County V. IIC the employee received 25% MAW for a rotator cuff tear. Is my atty missing something or am I asking 2much

    So, my wife is a nurse, highly trained in an elite specialty. She blew out her shoulder at work while repositioning an obese, unconscious patient (which she is required to do every 2 hrs). She had a torn rotator cuff, slap 2 tear, and torn biceps ...

    Gerald’s Answer

    Arbitrators have been awarding less and less for injuries at the Illinois workers compensation commission. Unless your wife underwent several surgeries and her doctor has given her severe and permanent restrictions the 12-17% value is about right. It's unfortunate that the values have been reduced. You can thank the insurance lobby and some Illinois legislators.

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