Litigation

RETALIATORY FAILURE TO REHIRE???

Posted on March 18, 2011
Fighting yet another Motion for Summary Judgment in a retaliatory discharge case. My client, a nice young guy had worked for years with his employer. He suffers a legitimate back injury lifting a heavy hose[he was in a heavy labor job]. He is off work for a bit, and is eventually released, with some signficant lifting restrictions...

SECTION 324: AN EXCEPTION TO THE ILLINOIS RULE THAT ONE CANNOT BE HELD LIABLE FOR FAILING TO PROTECT ANOTHER FROM CRIMINAL ATTACK

Posted on March 16, 2011
I am presently fighting a Motion to Dismiss in a horrible case that arose in a hospital. My client was was in the hospital for cardiac symptoms. After sedating my client with Morphine and rendering her unable to defend herself, a male nurse allegedly sexually asaulted her...

ILLINOIS APPELLATE COURT SAYS "AS IS" NOT A DEFENSE IN FRAUD CASE INVOLVING SALE OF PROPERTY WITH BAD ROOF

Posted on March 07, 2011
There was an important decision recently handed down by the Illinois Second District Appellate Court involving the sale of property on an "as is" basis. In Napcor v. JP Morgan, the defendant was the trustee of a 72,000 plus square foot commercial building in Aurora, Illinois...

SOCIAL MEDIA AND COURTROOMS

Posted on March 02, 2011
Some interesting news in the Winter issue of Litigation, the quarterly publication from the American Bar Association Section of Litigation. Seems like social media has indeed entered the courtroom. According to research done by Reuters Legal, going back to 2008, at least 45 verdicts have been challenged due to jurors twittering, blogging or using the internet...

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ASBESTOS CASE LEADS TO IMPORTANT CHANGE IN HOW DISCOVERY DEPOS MAY BE USED IN ILLINOIS

Posted on February 17, 2011
The Berry v. American Standard case is tough to read. Howard Berry was diagnosed with terminal mesothelioma in 2003. In 2004 he filed suit against 47 different defendants, alleging that he was exposed to asbestos at their jobsites. Because of Berry's failing health, his attorney sought to preserve his testimony by taking Berry's evidence deposition[where a person's testimony is recorded for use at trial at a later date]...

ILLINOIS APPELLATE COURT CLARIFIES "OPEN AND OBVIOUS" IN PARKING GARAGE CASE

Posted on February 14, 2011
Just noticed an interesting premises liability decisision handed down in November by the Illinois Appellate Court, Alqadhi v. Standard Parking. The plaintiff tripped and fell over raised concrete while leaving a parking garage. She suffered injuries to her knees...

ILLINOIS APPELLATE COURT EXPLAINS THE "DELIBERATE ENCOUNTER" EXCEPTION

Posted on January 26, 2011
Several months ago, the First District of the Illinois Appellate Court handed down an well-written opinion involving an injury resulting from wet asphalt. The case, Morrissey v. Arlington Park Racecourse, involved the injuries a young man suffered when he was injured while exercising some horses...

LEAKS IN YOUR NEW HOME?? ILLINOIS APPELLATE COURT CLARIFIES TO WHOM WARRANTY OF HABITABILITY EXTENDS

Posted on January 03, 2011
Saw a recent Illinois Appellate Court opinion the other day clarifying who can be sued on implied warranty of habitability claims. In 1324 W. Pratt Condominium Association v. Platt Construction Group, multiple homeowners were suing the developer, Platt Construction...

A Blog Recommendation

Posted on December 30, 2010
Every year, the American Bar Association publishes its list of the Best 100 Law Blawgs. Sadly my little blog has yet to crack the list. Perhaps next year... But enough about me. I read the article this morning in court while waiting for the judge to grace us peon lawyers with his presence...

THE END OF DROP-SIDE CRIBS

Posted on December 17, 2010
On Wednesday, the Consumer Product Safety Commission[CPSC] unanimously outlawed drop-side cribs, after dozens of infant deaths and massive recalls. The manufacture, sale or resale of cribs that have a side rail that moves up and down are now banned...

ILLINOIS ALCOHOL-RELATED INJURIES: LOOKING BEYOND DRAMSHOP

Posted on December 14, 2010
Interesting decision recently handed down by First District Appellate Court in an alcohol-related death claim. The opinion, Hicks v. Korean Airlines Company, unfortunately, does not provide a comprehensive summary of the facts. It appears that on October 4, 2001, Tracy Kim, an employee of Korean Airlines Company attended a dinner with some other Korean Air employees...

"FLEXIBLE PREMIUM" LIFE INSURANCE PRODUCTS NOT SO FLEXIBLE

Posted on December 03, 2010
Recently retained by a client to go after a large surance company after one of their "investment advisers" sold her a "flexible premium multi-funded life insurance policy". The premiums for these products can be very, very expensive. One of the ways they market them is to assure prospective clients that you can "suspend" payments and the premium will be taken out of the accumulated principal...

COOK COUNTY VERDICT UPHELD IN FALLING TREE BRANCH CASE

Posted on November 19, 2010
Interesting case involving a falling tree branch was discussed in the November 16, 2010 Chicago Daily Law Bulletin. In May, 2003, Maria Ortiz, along with her husband and two children, was riding her bike on the north side of the City. The group somehow got separated, so Ms...

ILLINOIS WHISTLEBLOWER CASE DISMISSED BY JUDGE - PLAINTIFF DID NOT GO TO PUBLIC OFFICIALS

Posted on November 18, 2010
The November 15, 2010 Chicago Daily Law Bulletin discussed a recent federal court decision where the plaintiff's claim under the Illinois Whistleblower Act got tossed - because the plaintiff failed to bring his alllegations to public officials. According to the article, wiritten by Patricia Manson, the plaintiff, Gregory Zelman, worked as a piano accompanist at Hinsdale High School...

ILLINOIS DRUG OR ALCOHOL IMPAIRED MINOR RESPONSIBILITY ACT

Posted on November 15, 2010
Was retained by a young man to investigate potential cause of action after he was badly beaten up at a get-together in his neighborhood. In doing some research, ran across the Illinois Drug or Alcohol Impaired Minor Responsiblity Act of 2004. The Act provides that any person[18 or older] who willfully supplies acohol or illegal drugs to a person under 18, and causes the impairment of that individual shall be liable for death or injuries to persons or property caused by the impaired individual...

Supreme Court allows $3 Million Dollar Retaliatory Award Stand

Posted on November 12, 2010
According to a recent Chicago Daily Law Bulletin article, the United States Supreme Court has elected not to intervene in Chicago-area case retaliatory discharge case where the plaintiff secured a jury verdict of $2.8 million dollars in punitive damages...

TEXAS CHEERLEADER BOOTED OFF SQUAD - HER CRIME? SHE DIDN'T CHEER FOR JOCK ACCUSED OF SEXUALLY ASSAULTING HER

Posted on November 11, 2010
Saw a fascinanting article in the November 8, 2010 Sports Illustrated, written by Selena Roberts. Ms. Roberts details how a Silsbee, Texas high school cheerleader was kicked off the cheerleading squad. Her crime? She didn't cheer for an athlete that she claimed had sexually assaulted her...

HELPFUL CASE WHEN FIGHTING INSURERS ON FIRE CASES

Posted on November 02, 2010
Battling it out against one of the national insurance companies for failure to pay on a fire loss. In doing some research today, came across an excellent Illinois Appellate decision. The case, Norman v. American National Fire Insurance is a great read for those handling fire loss cases The language I found particularly useful is at 198 Ill...

JUST WHEN YOU THOUGHT "ILLINOIS CIVIL JUSTICE LEAGUE" COULDN'T STOOP ANY LOWER...

Posted on October 26, 2010
The Illinois State Bar Association[ISBA], the largest voluntary association of lawyers in Illinois, is condemning some radio ads concocted by JUSTPAC, the political action committee of the Illinois Civil Justice League. The ads, which attack Illinois Supreme Court Justice Thomas Kilbride, were described as "inappropriate" and the ISBA said they distorted the Judge's record as soft on crime...

ILLINOIS CIVIL JUSTICE LEAGUE ATTACKS ON JUSTICE KILBRIDE UNFOUNDED AND UNFAIR.

Posted on October 19, 2010
Great piece today by Greg Hinz in Crain's Chicago Business about the efforts by the Illinois Civil Justice League[ICJL] to unseat Illinois Supreme Court Judge Thomas Kilbride. [pictured above]. The ICJL, through its political action committe JUSTPAC has issued a couple of vicious smears on Kilbride...

ILLINOIS APPELLATE COURT SAYS EVANSTON WOMAN USING ALLEY TO DUMP YARD WASTE IS AN "INTENDED USER" OF MUNICIPAL PROPERTY AND CAN RECOVER FOR INJURIES

Posted on October 14, 2010
Every Illinois personal injury lawyer dreads the "permitted and intended user" defense. You see it every time you represent someone who was injured while on public property. The law in Illinois says that a municipality owes a duty or ordinary care to people using public property only if the injured person was a "permitted and intended" user" of the property...

RECENT ILLINOIS CASE: NO DAMAGES FOR "BEING UNABLE TO SLEEP IN ONE'S OWN BED" DUE TO MOLD

Posted on October 12, 2010
Saw this case while doing some research for a new client who suffered extensive damage to his condo... The Illinois Appellate Court, Second District recently handed down a decision involving the damages available[or more accurately NOT available] to people displaced from their homes due to the actions of others...

CHICAGO TRANSIT AUTHORITY WINS SNOW AND ICE CASE

Posted on October 05, 2010
The Illinois Supreme Court recently heard a case where two long-standing principles of Illinois law were at odds. The clashing principles were the "common carrier duty" and the "natural accumulation rule". The "common carrier duty" mandates that entities providing public transportation are to exercise the highest degree of care in the operation of their trains, buses and other property where passengers would be found...

ILLINOIS HOME REPAIR AND REMODELING ACT CLARIFIED BY SUPREME COURT

Posted on September 24, 2010
Finally, after much back and forth among the Appellate Courts, the Illinois Supreme Court has weighed in on what happens when a contractor technically violates the Illlinois Home Repair and Remodeling Act ["the Act"]by not complying with some of the provisions...

HARD TIMES AT BIG FIRMS....

Posted on September 21, 2010
The September 20, 2010 Crain's Chicago Business did an article on how some former Chicago big firm lawyers, having been downsized, are now starting their own firms. The article goes into detail about where the particular lawyer had formerly practiced, what led to his or her departure, and the trials and tribulations these lawyers face as they learn to practice in leaner, less grandiose settings...

MCHENRY COUNTY CANCER CLUSTER CASE SET TO BEGIN

Posted on September 14, 2010
A very intriguing case with local implications is about to unfold next week in Philadelphia, Pennsylvania. A group of 31 people that lived or had businesses in McHenry County, Illinois is suing Rohm and Haas Chemicals, a subsidiary of Dow Chemical...

HUGE HARASSMENT VERDICT AGAINST CHRYSLER FOR ROCKFORD AREA MAN

Posted on September 11, 2010
Something else that was overlooked by the Chicago-area news outlets... A federal jury in Winnebago County, Illinois recently hammered Chrysler in a religious and ethnic harassment case. Otto May, a Cuban-born Jew, had worked at the Belvidere, Illinois Chrysler plant for 22 years as a pipefitter...

EVERY NOW AND THEN....

Posted on September 02, 2010
In the very near future I will be filing a lawsuit on behalf of an elderly client who lives in the City. The complaint will allege that one day, my client was sitting on his front porch, alone, enjoying a summer evening, listening to the ballgame. Then for no reason, my client's neighbor, a much younger man, suddenly rushed over, grabbed my client and beat him...

$30 MILLION DOLLAR VERDICT RETURNED IN COOK COUNTY IN "POPCORN LUNG" CASE

Posted on August 21, 2010
Didn't see much coverage of this in the local press, probably because of the Blago insanity. But this week a Cook County jury awarded $30.4 million dollars to Geraldo Solis, who suffers from bronchiolitis obliterans, or "popcorn lung disease". Popcorn lung disease typically affects workers exposed to substances used in the manufacture of microwave popcorn and other foodstuffs...

IN PRAISE OF LAWYERS...

Posted on August 10, 2010
Trial attorneys have taking a beating of late. The media, late night talk show hosts, Republican hacks/flacks... This video, forwarded by another Illinois lawyer is a great rebuttal. Enjoy! A World Without Lawyers - Watch more funny videos here

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