For The Defense, February 2012 - DRI Today

Ethics, from page 62
unteer as workers in community- based
projects, or make significant financial contributions
to deserving causes, our profession
has much that it can and must give to
make our respective communities and the
world a better place for all.
Finally, we might paraphrase and view
Gandhi’s “politics without principle” as
an all- encompassing legal sin summarizing
the first six sins: “practice without
principle.” Politicians seek ends, but
how often have we witnessed the unfortunate
results of the means by which they
achieved those ends Likewise, the practice
of law generally involves seeking a desired
end, but lawyers must always ask by what
means. The practice of law without principle
may achieve the desired ends for a
limited time. In the long run, however, lawyers
would benefit from remembering the
words attributed to Abraham Lincoln—
himself a lawyer: “You can fool some of the
people all of the time, and all of the people
some of the time, but you cannot fool all of
the people all of the time.”
Shoplifters, from page 45
power to avoid false imprisonment actions
while still actively pursuing shoplifters
should follow the steps listed below.
1. Watch the shoplifter approach your
merchandise;
2. Watch the shoplifter select your
merchandise;
3. Watch the shoplifter conceal, carry away,
or convert your merchandise;
4. Maintain continuous observation of the
shoplifter;
5. Watch the shoplifter fail to pay for the
merchandise; and
6. Approach the shoplifter outside of the
store.
Chris E. McGoey, Shoplifting: Detention &
Arrest, http://www.crimedoctor.com/shoplifting2.
htm (last visited December 19, 2011).
Conclusion
Dealing with shoplifters can be tricky.
Shoplifters steal from every kind of store,
they steal items worth less than a dollar as
well as very expensive items, and they often
buy and steal more than one item. National
Association of Shoplifting Prevention, supra.
It’s certainly enough to keep retailers
on their toes. However, by adhering to the
above guidelines and by carefully training
employees on these guidelines, retailers
can detain suspected shoplifters and recover
stolen merchandise without becoming
civilly liable for false imprisonment. It’s
not enough to eliminate shoplifting, but it’s
certainly a step in the right direction.
Members on the Move, from page 4
ulations” in Texas Lawyer magazine in
which discusses the Equal Employment Opportunity
Commission’s issuance of regulations
under the Americans with Disabilities
Act Amendments Act (ADAAA). According
to Mr. Neal, “The new regulations put teeth
into the ADAAA’s goal of making it easier
to meet one of the three tests for ‘disability’
needed for coverage under the Americans
With Disabilities Act (ADA).” Mr. Neal is a
partner in Thompson & Knight’s Labor and
Employment Practice Group and focuses on
labor and employment law, civil appellate
law, school law, and civil rights matters. He
represents management in all aspects of administrative,
trial, and appellate labor and
employment work and counseling. He is involved
in numerous professional and civic
organizations and has been recognized in
the 2012 Best Lawyers in America, as well
as named to Texas Super Lawyers for multiple
years. Mr. Neal is board certified in
both labor and employment law and civil
appellate law by the Texas Board of Legal
Specialization.
Sammi L. Renken has been elected as
an equity shareholder at the law firm of
Johnson & Bell, Ltd., in Chicago. Ms. Renken
concentrates her practice in health
care professional liability, including medical
malpractice, legal malpractice involving
DRI Removal Deskbook—
Getting Your Case to Federal Court
Among the initial questions a lawyer encounters in the defense of any
lawsuit are whether the action is removable and whether the option to
remove should be exercised. This new publication provides useful guidance,
examining the right to remove generally, jurisdictional requirements
for removal, removal procedure, waiver of the right to remove,
post-removal procedures and appellate review of remand orders.
Visit the Bookstore
at www.DRI.org to
order or call
312.795.1101 for
more information.
underlying health care litigation, medical
product liability, and nursing home
litigation. Ms. Renken has successfully
defended a variety of practitioners on licensure
issues before the Illinois Department
of Financial and Professional Regulation,
and has defended multiple area hospitals,
clinics, long term care facilities, urgent
care centers, group homes for minors with
developmental disability, same day surgery
centers, and individual physicians
and nurses. She has also defended claims
across the spectrum of health care litigation
including birth injury, pharmaceutical
and medical device product liability
claims, cardiac care, emergency medicine,
EMTALA claims, anesthesia related
complications, surgical perforation and
retained sponge claims, delay in cancer
diagnosis, decubitus ulcer/wound care,
plastic surgery claims, spinal cord injury,
psychiatric care, restraints, organ transplantation,
and medication error claims.
Ms. Renken has participated in all aspects
of cases that have gone to verdict in the Circuit
Court of Cook County and the United
States District Court for the Northern District
of Illinois.
Marge Motluck
68 ■ For The Defense ■ February 2012