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