Illinois Lawyer Blog: Litigation

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Litigation

Illinois Lawyer Blog

Focuses on Chicago, IL trial law including insurance, business, commercial, and employment litigation.
By Mark P. Loftus, Esq.

Post Frequency: 1.4/day

Last Entry: November 17, 2009 at 01:46:37

FUTURE PAIN & SUFFERING

Posted on November 17, 2009
Read an interesting case today on the issue future damages. In Maddox v. Rozek, the First District Appellate Court of Illinois was faced with an issue involving future damages. Specifically, after a verdict for plaintiff in an auto case, the defense appealed, arguing that the jury should never have received an instruction on future pain and suffering because their was no expert[i...

DON'T SEE THAT EVERYDAY...

Posted on November 10, 2009
This doesn't happen in Cook County very often. I had a hearing in a Courtroom with a judge who is universally well-regarded. This particular judge is a seasoned, thoughtful, conscientious man who understands the stress that lawyers occasionally have to endure...

TARGET HALLOWEEN FLASHLIGHT STARTS FIRE IN CHILD'S BED

Posted on October 27, 2009
Scary story in the Chicago Sun-Times last week involving about a toy flashlight. Midlothian resident Brandi Pavoni had purchased the flashlight at Target for Emily, her three year old daughter. The flashlight included Halloween-themed stencils that could slip over the bulb and be projected onto a wall...

SEARS TAKES A HIT

Posted on October 01, 2009
Sears Roebuck & Co. recently agreed to a record settlement in an Equal Employment Opportunity Commission[EEOC] lawsuit alleging the retailer illegally fired disabled workers. The $6.2 million dollar settlement amount is the largest settlement for a disability-related case in EEOC history...

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ILLINOIS SUPREME COURT OPINION A MAJOR ROADBLOCK FOR OLDER VICTIMS OF CLERGY SEX ABUSE

Posted on September 28, 2009
The Illinois Supreme Court recently handed down an opinion that poses a major hurdle for older victims of clergy sexual abuse. Separate and apart from the legal aspect of the opinion, the undisputed facts again demonstrate an appalling neglect on the part of the Church when faced with evidence they had an abuser in their ranks...

NEVER THOUGHT YOU WOULD NEED TO REMEMBER RES JUDICATA? THINK AGAIN.

Posted on September 23, 2009
Recently read a decision from the First Appellate District that sends a clear message to lawyers electing to take voluntary dismissals - PROCEED WITH CAUTION!!!! In Kiefer v. Rust-Oleum, plaintiff Colin Kiefer filed a complaint in the Circuit Court of Cook County against Rust-Oleum, an Illinois corporation...

ANOTHER ONE BITES THE DUST

Posted on September 09, 2009
Pleased to report settled a long-running dental malpractice case today. Pardon the pun, but getting case settled was like pulling teeth. In any event, it is over, onto the next one...

TOYOTA NOT HAVING A GOOD WEEK

Posted on September 02, 2009
Toyota was recently hit with a couple of lawsuits that could spell VERY BIG TROUBLE for the company. First, former Toyota attorney, Dimitrios Biller recently filed a racketeering lawsuit against Toyota, alleging that his former employer concealed and destroyed evidence that should have been produced to lawyers representing people injured in rollover accidents...

TEDDY KENNEDY DIES

Posted on August 27, 2009
Teddy Kennedy lost his battle with cancer late Tueday night. The dissection and meaning of his life by the talking heads is now underway. Most of the coverage is fairly even-handed, and doesn't omit the details of an occasionally troubled personal life...

GLAD TO SEE I HAVE BEATEN THE ODDS

Posted on August 26, 2009
Back from vacation, stumbled across an interesting blurb at Law.Com's Legal Blog Watch. According to an admittedly unscientific poll, 50% of law blogs fail in the first year. The explanation? According to the article, because lawyers simply don't have the time to dedicate to providing content on a regular basis...

TWITTER AT YOUR PERIL

Posted on July 30, 2009
Be careful what you say in your Twitter posts. Just ask Amanda Bonnen. According to recent Chicago Sun-Times article by Lisa Donovan, Ms. Bonnen was a tenant in an Chicago apartment complex run by Horizon Realty Group. Some water leaked into her apartment, as well as some other apartments in March, 2009...

SECOND LAWSUIT AGAINST MILAN, ILLINOIS MCDONALD'S

Posted on July 28, 2009
There is now a second lawsuit on file against a Milan, Illinois McDonald's, where several people were allegedly exposed to Hepatitis A. The most recent lawsuit was filed last week by the parents of a 16 year old boy who allegedly was at the restaurant on July 12 to return a job application...

RED LETTER DAY!

Posted on July 24, 2009
Good day today. It appears that I am finally wrapping up a retaliatory discharge case that has seemingly been going on forever. Plaintiff agreed to accept a settlement and the releases are finally signed, sealed and delivered. Would love to provide additional details, but the settlement is confidential...

CONDO OWNER IN TOUGH SPOT

Posted on July 20, 2009
Take a long hard look at that condo before you buy it. That is the moral of a recent Chicago Tribune article by John Bryne. The article focused on Dorothy Rush, an 86 year old woman who initially rented, and then purchased one of the condominium units at Village Centre, a 206 unit development in Mount Prospect...

NO END IN SIGHT IN LISKA LAWSUIT AGAINST MOTOROLA

Posted on July 13, 2009
Looks like former Motorola CFO Paul Liska is going to be at war against his former employer for some time. Liska is suing Motorola, claiming he was fired for his refusal to accept allegedly misleading financial projections by the Motorola Mobile Phone Division...

YET ANOTHER SIMPLICITY CRIB RECALL

Posted on July 08, 2009
Got wind of this recall from the good folks at Kids In Danger, who work hard to keep kids safe and keep a close eye on this kind of stuff... Seems like yet another problem has surfaced with Simplicity Cribs. On July 2, 2009, the Consumer Product Safety Commission[CPSC] announced a voluntary recall of Simplicity Drop Side Cribs...

STATE AGENCY SLOW TO DISCIPLINE DOCTOR

Posted on July 06, 2009
In the Sunday Chicago Tribune, Deborah Shelton has a great article about how the Illinois agency responsible for disciplining doctors is not aggressive enough. The agency in question, the Illinois Department of Financial and Professional Regulation[IDFPR] oversees a number of professions, including the practice of medicine...

SOLOS AND SMALL FIRMS LOOKING FOR BUSINESS ON craigslist

Posted on July 02, 2009
Saw another story in the July, 2009 American Bar Association Journal worth noting. Solo and small firm lawyers are getting creative in how they seek business. Many are now turning to craigslist as a practice-building tool. Craigslist is an enormous classified advertising website, featuring ads from throughout the United States, as well as some outposts in Europe...

SPERM A PRODUCT?

Posted on July 01, 2009
The July, 2009 ABA Journal recently had a blurb about an interesting ruling from a federal court judge in Philadelphia. Donna Donovan went to Idant Laboratories in New York to purchase sperm in order to have a child. [Didn't know you could purchase that item]...

ILLINOIS CAR MOGUL SUES FOR ALIENATION OF AFFECTION

Posted on June 25, 2009
According to an article by Abdon M. Pallasch in todays Chicago Sun-Times, Bob Rohrmann, the owner of 26 Honda, Toyota and Lexus automobile dealerships in Illinois and Indiana, is suing a plastic surgeon who carried on an affair with his wife for "alienation of affection...

SPONGE LEFT IN BODY - DOCTOR NOT LIABLE

Posted on June 12, 2009
Interesting opinion, Forsberg v. Edward Hospital, just came down from the Illinois Appellate Court, Second District. The plaintiff alleged that she underwent a lumpectomy on June 4, 2004 at Edward Hospital. The surgeon was Dr. Piazza. Two incisions were made - one near the armpit and one near the left breast...

CTA NOTICE PROVISION REPEALED

Posted on June 10, 2009
Finally, the Illinois legislature has done away with the ridiculous Chicago Transit Authority [CTA] notice provisions!!! Prior to June 1, 2009, anyone wishing to sue the CTA was obligated, pursuant to 70 ILCS 3605/41, to file a very specific Notice[often referred to as the "Section 41 Notice"]...

DIVORCE LAWYERS GOING HIGH TECH

Posted on May 27, 2009

WRONGFUL BIRTH DECISION - PARENTS CAN RECOVER DAMAGES EVEN AFTER CHILD TURNS 18

Posted on May 21, 2009
The Illinois Appellate Court[First District] recently released the Clark v. Children's Memorial Hospital decision, which clarifies what parents may recover in a "wrongful birth" case. "Wrongful birth" refers to the claim of parents who allege they would have avoided conception, or terminated a pregnancy but for the negligence of those charged with genetic counseling as to the likelihood of giving birth to an impaired child...

WHAT HAPPENED TO THE LAPTOP? LISKA RETALIATORY INTRIGUE

Posted on April 16, 2009
The retaliatory discharge case recently filed by Paul Liska against his former employer, Motorola, is getting nasty. According to Wailin Wong's April 16, 2009 article in the Chicago Tribune, Motorola recently filed a motion with the trial judge alleging that Liska destroyed evidence on a Motorola laptop he used after his termination...

FORMER CFO SUES MOTOROLA

Posted on April 13, 2009
Wow. A recent Chicago Tribune by Wailin Wong detailed how a corporate marriage can go bad. Very bad. By way of background, in early 2008, Motorola, hired Paul Liska as the new Chief Financial Officer. Motorola's flagship mobile phone unit, which once was on the cutting edge with innovations like the Razr cellphone, had taken on water and needed to get back on track...

MORE RECALLS FOR SIMPLICITY BRAND

Posted on April 10, 2009
According to a April 8, 2009 item in the Chicago Tribune, about 25,000 playpens made in China and imported by Simplicity Inc. and SFCA Inc. have been recalled. The playpen in question is known as the "Travel Tender Play Yard"[shown below]. The playpens are portable and feature a bassinet, along with a changing table...

LAWYER CAN'T SIGN RULE 216 REQUEST TO ADMIT FOR MISSING CLIENT

Posted on April 10, 2009
The First District Appellate Court recently handed down an opinion precluding lawyers from signing Requests to Admit responses for their clients, even if the client can't be found. In Brookbank v. Olson, counsel for the plaintiff, Lauren Brookbank, served Requests to Admit regarding the reasonableness of Ms...

$20 MILLION DOLLAR SETTLEMENT FOR CHILD INJURED IN FALL AT BURGER KING

Posted on April 03, 2009
Recently saw an interesting article about a multi-million dollar settlement resulting from devastating injuries suffered by a little boy at a Burger King restuarant in Southern California. Back in August of 2005, Jacob Buckett,[pictured below, before the incident] then only 8, accompanied his dad and younger sister to lunch at a Burger King in Temecula, California...

FRIENDS OF CAR THIEF OFF THE HOOK

Posted on March 25, 2009
Interesting decision, Johhnson v. Bishop, just came out of the Third Appellate District Court speaking to the issue of the duty owed by vehicle owners when ne'er-do-wells steal their cars. First, a brief rundown of the players. Robert Sonnemaker and David McLeod were roommates...

CITY OF CHICAGO PAYS $2.7 MILLION FOR WRONGFUL CONVICTION

Posted on March 24, 2009
A Chicago man will receive a $2.7 million settlement from the City of Chicago after being wrongfullly imprisoned for 27 years. In 1977, Paul Terry and Michael Evans[then both only 17] were prosecuted for the abduction, rape and murder of 9 year old child...

NO THANKS NECESSARY

Posted on March 18, 2009
Wow, late winter cold kicked my ass. But thankfully on the mend... The current American Bar Association Journal has a great article entitled "Lions of the Trial Bar" which features interviews with some of the elder statesmen of the American Courtroom...

SUPREME COURT DOES THE RIGHT THING

Posted on March 05, 2009

DUTY TO PROVIDE ACCESS TO PROPERTY

Posted on March 02, 2009

DON'T PUT YOURSELF IN HARM'S WAY IF YOU WORK FOR MCDONALD'S

Posted on February 23, 2009
Dave Weiner commented on this story on the Huffington Post this a.m... Nigel Haskett was working at a Little Rock, Arkansas McDonald's last summer when he saw an individual physically assaulting a woman in the restuarant. Mr. Haskett immediately rushed to the woman's aid and struggled with the scumbag who was assaulting her...

NEGLIGENT HIRING IN ILLINOIS

Posted on February 18, 2009
Recently retained by a woman to investigate her allegations that she was sexually abused while a patient at a local health care facility. It is not unusual in these cases that the corporate defendant moves to dismiss, arguing the any improper conduct on the parts of its employee was "beyond the scope" of the employee's specific duties...

LAWSUIT RAISES QUESTIONS ABOUT COOK COUNTY JAIL

Posted on February 11, 2009
A federal lawsuit filed after the death of a young man at Cook County jail is raising a number of questions about how that facility is run. John Lambert[pictured below] was incarcerated in Cook County jail in June of 2007. Lambert had previously had some run-ins with law enforcement agencies, but they were all relatively minor...

JILL BIDEN

Posted on January 22, 2009
I was excited to see President Barack Obama sworn in as the 44th president on Tuesday. I was a big Obama supporter early on, when all the political types were saying it couldn't be done. And I was impressed with his inaugural address as well. He wisely elected to dial down the inspirational content and instead focus on the serious challeges facing America...

THE CONSEQUENCES OF HAVING LOST THE PR WAR

Posted on January 20, 2009
Recently met with a new client who was had been injured in an automobile collision. The other driver was insured by a carrier lawyers often describe as a "substandard". The "substandard" designation is essentially code. First, it means that the available coverage is probably the minimum acceptable under the law...

MILLIONS FOR PARDONED CHICAGO MAN

Posted on January 08, 2009
A man previously convicted of murder for setting a fire that caused multiple deaths, now stands to collect a multi-million dollar payout arising out his prosecution and conviction. Madison Hobley was initially charged with setting a 1987 fire the killed seven people - including his wife and young son...

BIKE RIDER WINS!

Posted on January 07, 2009
Holidays are over, time for the first post of 2009... I haven't included many posts related to my own cases of late. Here's a summary of a case that recently reached a very favorable conclusion. Client comes to me saying he was struck by a car while crossing the street on his bicycle...

MEDICAL RESIDENTS STILL OVERWORKED

Posted on December 03, 2008
According to an article in today's Chicago Tribune, medical residents[medical school graduates caring for patients under the guidance of more experienced physicians] are still working way too many hours. The article, written by Mary Engel, discusses a report released Tuesday by the Institute of Medicine, an arm of the National Academies...

CHICAGO RADIO STATION SUED AFTER CONTEST WINNER ASSAULTED

Posted on December 02, 2008
Saw an online article from the Chicago Tribune the other day, discussing an unusual lawsuit recently filed against a local radio station. The article, written by Emily S. Achenbaum, detailed how a Chicago woman[identified only as "Jane Doe"]is suing WXLC, a Waukegan radio station, and its parent company, Next Media Group, Inc...

$16 MILLION DOLLAR VERDICT IN PAIN KILLER SKIN PATCH CASE

Posted on November 22, 2008
A Cook County jury recently awarded $16.5 million dollars to the family of a Cicero woman who died of a drug overdose while using a pain-killer skin patch. Janice DiCoslo was using a prescribed Duragesic patch when she died on February 15, 2004. In a normal patch, a gel containing fentanyl is released into the body slowly through a layer of film...

WOMAN SUES AFTER TESTING POSITIVE FOR HIV AFTER KIDNEY TRANSPLANT

Posted on November 19, 2008
Kara Spak had an article in the November 18 Chicago Sun-Times about the horrible consequences suffered by a young woman after kidney transplant surgery at the University of Chicago Hospital. The 33 year old woman, indentified only as Jane Doe, received a kidney from a male donor in January of 2007...

ADDISON POLICE NOT LIABLE FOR ARREST BASED ON STOLEN IDENTITY

Posted on November 18, 2008
Plaintiff Hilario Mercado Jr. went to a family birthday party on September 27, 2003. As so often happens at family parties, a fight broke out and the Addison Police were called. Upon their arrival, Mercado and another person were leaving. One of the officers requested ID and Mercado presented his state ID...

ILLINOIS SUPREME COURT HEARS ARGUMENT ON CAPS IN MED MAL CASES

Posted on November 17, 2008
Last week the Illinois Supreme Court heard argument on the constitutionality of the 2005 Illinois legislation capping damages in medical malpractice cases. The law caps non-economic[pain and suffering]awards against doctors are $500,000. In addition, the law caps similar damages against hospitals at $1million...

PEORIA DIOCESE: PERSONNEL DECISIONS PRIVILEGED

Posted on November 11, 2008
The Catholic Diocese of Peoria , Illinois is claiming that personnel decisions regarding priests are confidential, and not subject to civil court review. This latest turn in the Catholic Church sex abuse crisis arises out of a lawsuit recently filed againts the Peoria Diocese by Andrew Ward...

RECENT STUDY: SAFER TO SETTLE?

Posted on November 11, 2008
A recent study in the Journal for Empirical Legal Studies suggests that plaintiffs should strongly consider accepting settlement offers and NOT going to trial. Law Consultant Randall Kiser and Cornell Legal Professor Jeffrey Rachlinski analyzed over 2000 civil cases from 2002 through 2005...

INSULIN NEEDLES RECALLED

Posted on November 08, 2008
According to an article in the November 7, 2008 Chicago Sun-Times, approximately 500,000 diabetic syringes are being recalled. The article, written by Monifa Thomas, notes that the manufacturer,Covidien, recalled 4,710 boxes of single use ReliOn syringes, sold at Wal-Mart and Sam's Club, between August 1 and October 8...

SHERWOOD BRANDS RESPONDS TO CANADIAN RECALL

Posted on October 30, 2008
As noted in my October 27, 2008 post, the Canadian Food Inspection Agency[CFIA] recently issued a warning advising Canadian consumers not to eat Sherwood Brands Pirates Gold Chocolate Coins. Tests on the coins had revealed the presence of melamine. Sherwood Brands has now issued a notice to customers in response to the CFIA warning...

TAINTED CANDY RECALLED IN CANADA

Posted on October 28, 2008
The Canadian Food Inspection Agency[CFIA] is warning Canadians not to eat, distribute or sell Sherwood Brand Pirates Gold Milk Chocolate Coins. Recent CFIA tests on the candy came back positive for the presence of melamine. The product at issue has 240 pieces of candy per package and bears UPC 0 36077 11240 and lot code 1928S1...

ILLINOIS FAMILY MILITARY LEAVE ACT

Posted on October 24, 2008
Saw an interesting article in the CBA Record by James F. Costello Jr., the Veteran's Rights Project Coordinator at the Legal Assistance Foundation of Metropolitan Chicago. Costello's article discussed the Illinois Family Military Leave Act[The Act]. The Act is fairly new, having just become effective in 2005...

DELTA CRIB RECALL

Posted on October 22, 2008
J.W. Elphinstone of the Associated Press had an article in the Chicago Tribune today discussing the Delta Enterprises recall of 1.6 million older models of a drop-side crib after two infant deaths. The company indicated on Monday that 985,000 drop-side cribs, made between 1985 and 2007 require safety pegs that may be lost during the assembly process...

TRIBUNE ENDORSES OBAMA; PIGS SUDDENLY FLY

Posted on October 17, 2008
Wow, this is big. The Chicago Tribune has endorsed Barack Obama for President. This marks the first time ever, that's right, EVER, that the paper has endorsed a Democrat. Residents of hell are reaching for overcoats.

CHICAGO ACCIDENT VICTIM NEEDS HELP

Posted on October 17, 2008
On Thursday, October 17, 2008, the Chicago Sun-Times had a story about the misfortune recently visited upon Michael Bielinski. On October 5, 2008, Michael was driving on the Kennedy Expressway, at about 3:30 am. He was returning home from a birthday party...

OCTOBER DANGERS ON THE ROAD

Posted on October 14, 2008
An article in the Chicago Sun-Times today discussed some dangers associated with driving in the fall. First, the article referenced a recent State Farm Insurance study showing that teen drivers have more automobile accidents in October. According to the article, when October rolls around claims resulting from teen drivers spike 20%...

DEFECTIVE BASSINETS STILL AVAILABLE ON EBAY, CRAIGSLIST

Posted on October 09, 2008
As I noted in my September 11, 2008 post, Graco Children's Products and the Consumer Products Safety Commission[CPSC]had been inexplicably slow in alerting the public about a danger associated with the Graco Simplicity Bassinet. The bassinet's metal framework created a very real strangulation danger and at least two children had become caught within the framework and died...

CUBBIES DESTROY PIPE IN DODGERS STADIUM

Posted on October 08, 2008
Okay, first in the interests of complete disclosure... I am a White Sox fan. I don't hate the Chicago Cubs, I just don't care for them very much. Secondly, this post has absolutely nothing to do with the law. But I couldn't let it go. As you may know, the Chicago Cubs ran away with the Central Division this year...

DIOCESE OF BELLEVILLE SEEKS NEW TRIAL IN SEX ABUSE CASE

Posted on October 04, 2008
The diocese of Belleville recently filed a Motion for a new trial after getting hit with a $5.5 million dollar verdict in a recent sex abuse trial. Bishop Edward Braxton directed lawyers for the Diocese to file the motion. In addition, Braxton sent a letter to churches in the diocese to be read at Sunday mass...

NO IMMUNITY FOR ILLINOIS PARK DISTRICT IN RETALIATORY DISCHARGE CASE

Posted on September 29, 2008
The Illinois Supreme Court recently handed down an important retaliatory discharge decision in Smith v. Waukegan Park District. The facts are pretty straightforward - Greg Smith worked as a seasonal park maintenance employee for the Waukegan Park District...

THE LAWYER AND THE STRIPPER

Posted on September 20, 2008
From the "You Can't Make this Stuff Up Department"... Saw a number of reports today of an Illinois lawyer who was suspended by the Illinois Attorney Registration and Disciplinary Committee ["ARDC"]because of an unusual payment plan he concocted with one of his clients...

CHICAGO TRIBUNE TAKES CONSUMER PRODUCTS SAFETY COMMISSION CHAIRMAN TO TASK

Posted on September 16, 2008
In a September 14, 2008 editorial, the Chicago Tribune chastised the Consumer Product Safety Commission[CPSC] and its Chairman, Nancy Nord, for an inexplicable failure to act after receiving information about potentially lethal design defects in certain baby bassinets...

WARNINGS WITHHELD ABOUT DANGEROUS BASSINETS

Posted on September 11, 2008
According to a report in today's Chicago Tribune both federal regulators and Graco Children's Products withheld warnings about potentially dangerous bassinets being marketed under the Graco name. The article, written by Patricia Callahan, explains that on August 27, 2008, the U...

EMPLOYERS SPYING ON EMPLOYEES

Posted on September 06, 2008
According to a recent story in the ABA Journal, employers are now spying on employees to make sure the workers are not abusing employment leave policies. The story explains that employers are becoming increasingly frustrated by what they consider to be abuses of leave granted to employees under the Family Medical Leave Act...

POSTSCRIPT ON BELLEVILLE, ILLINOIS SEX ABUSE TRIAL

Posted on August 28, 2008
A St. Clair County, Illinois jury today handed down a multimillion dollar verdict against the Belleville Diocese for flagrant sexual abuse of a minor by Rev. Raymond Kownacki. The plaintiff, James Wisniewski, now 47, claimed that he was repeatedly abused in the 1970's by Kownacki...

MORE SHOCKING DISCLOSURES IN CLERGY SEX ABUSE TRIAL

Posted on August 27, 2008
Just when you thought it couldn't get any worse, there was some absolutely jaw-dropping testimony yesterday in a clergy sex abuse case trial currently underway in St. Clair County, Illinois. James Wisniewski, 47, is suing the Belleville, Illinois Diocese for for damages arising out of the years of sexual abuse committed upon him by Rev...

WHEN DOGS ATTACK - A LOOK AT THE ILLINOIS ANIMAL CONTROL ACT

Posted on August 26, 2008
Check out the August issue of the Illinois Bar Journal for a good article by April Pruitt-Summers on the Illinois Animal Control Act, 510 ILCS 5/1 et. seq. The first thing that caught my eye was the link to a study conducted by pediatrician Jeffrey Sacks M...

ILLINOIS STANDARD FOR DIRECTED VERDICT IN BENCH TRIAL

Posted on August 22, 2008
Recently completed a case where my client was involved in a rear end collision with a large truck on a local highway. The case was tried to a judge and at the conclusion of my case the defense, as they always do, argued for a directed verdict. What I did not know at the time[but do now]is that the standard for a directed verdict motion in a bench trial is somewhat different than the standard utilized in a jury trial...

CHICAGO MAN CLAIMS BAD FISH GAVE HIM 9 FOOT TAPEWORM

Posted on August 20, 2008
Another entry from the Truth is Stranger than Fiction Department... A Chicago-area man is claiming that some undercooked fish he ate as a patron at Shaw's Crabhouse had rather horrifying repercussions. Franz recently filed a lawsuit against Shaw's and is claiming that as a result of eating the fish he became violently ill for several days...

NANCY GRACE LAWSUIT

Posted on August 15, 2008
A Florida Federal District Court judge recently refused to dismiss the lawsuit that accuses CNN's Nancy Grace of driving a young woman to commit suicide. The lawsuit, filed by the parents of Melinda Duckett, arises out of an appearance Ms. Duckett made on The Nancy Grace Show shortly after Duckett's son, Trenton, went missing in August of 2006...

STAY AT HOME MOM'S "SALARY"

Posted on August 14, 2008
Back from vacation, lots to catch up on... Salary.Com just released its annual study regarding the market value of a stay at home mom. Every year this group gets together and evaluates precisely what mom is worth, by looking at pay levels for the various jobs a mother may do during a given week, like housekeeping, child-care, van driver and teacher...

CROCS AND ESCALATORS A BAD MIX

Posted on July 17, 2008
According to any number of recent reports, Crocs, the popular rubber shoe every kid seems to be wearing these days, may present a danger when worn on escalators. The report mentioned a recent situation involving a young girl injured at an airport. The girl[who was three at the time] and her mother were making their way through an airport on their way to a Disney vacation...

CROSS EXAMINATION TIPS

Posted on July 09, 2008
I am presently reading a book entitled Your Witness, which is essentially a compilation of cross-examination pointers collected from prominent Chicago lawyers. [In the interest of full disclosure, the book was sent to me, in the hopes I would mention it on my blog]...

TO YOUNG LAWYERS

Posted on July 01, 2008
The American Bar Association Section of Litigation publishes a Journal every quarter impressively entitled The Journal of the Section of Litigation. The Journal can occasionally be a bit...well, dry. Then there is Sidebar, the column written by Kenneth P...

ILLINOIS SUPREME COURT ALLOWS INJURED PARTIES TO RECOVER FULL REASONABLE VALUE OF MEDICAL EXPENSES

Posted on June 23, 2008
The Illinois Supreme Court recently clarified exactly what injured parties may claim as medical expenses in injury cases. The opinion, Wills v. Foster, was issued on June 19, 2008. The underlying facts are pretty straightforward. The plaintiff, Sheila Wills was injured in an automobile collision...

SUPREME COURT BANS RETALIATION UNDER SECTION 1981

Posted on June 05, 2008
The United States Supreme Court recently struck a blow for those employees who claim they were retaliated against after complaining of racial discrimination at their workplace. The case, CBOCS[Cracker Barrel Old Country Stores]West v. Humphries, arose out of treatment the plaintiff, Hedrick Humphries endured at an Illinios Cracker Barrel Restuarant...

BE WARY OF THE VOLUNTARY

Posted on May 16, 2008
The Illinois Supreme Court recently came down with a decision that should make make Illinois trial attorneys think twice about taking voluntary dismissals of their cases. The Hudson v. City of Chicago case involved allegations that the City failed to properly respond to a life-threatening situation...

STATE OF ILLINOIS EMPLOYEE LOSES HARASSMENT SUIT

Posted on March 27, 2008
A federal jury recently returned a verdict against Carlos Estes in his sexual harassment suit against Teyonda Wertz, his boss at the Illinois Department of Human Services. Estes was a driver/special assistant for Wertz, who is Chief of Staff for the Illinois Department of Human Services...

TAX ISSUES SATISFY PUBLIC POLICY REQUIREMENT FOR ILLINOIS RETALIATORY CLAIM

Posted on February 28, 2008
The United States Court of Appeals for the Seventh Circuit recently weighed in on the "public policy" element Illinois retaliatory discharge plaintiffs must show. In Benders v. Bellows and Bellows, the plaintiff filed a three count complaint in federal court after her termination from the defendant law firm...

DAMAGES LIMITATIONS STRUCK DOWN BY ILLINOIS JUDGE

Posted on December 10, 2007
As previously noted in my September 20, 2007 entry, trial lawyers across Illinois were holding their breath, waiting for an important decision out of the courtroom of Judge Diane Larsen, a Cook County trial judge. Judge Larsen was presiding over a case where recent legislation that capped damages in medical malpractice cases was being challenged...

RECOVERY FOR PSYCHOLOGICAL INJURY UNDER ILLINOIS WORKMENS' COMPENSATION ACT

Posted on December 04, 2007
Illinios workers seeking to recover for non-traumatically induced mental disease have significant evidentiary obstacles to overcome. In order to prevail, the worker must show: 1) the mental disorder arose in a situation of greater dimensions that day to day emotional strain and tension present in every workplace; 2) the mental condition must exist in reality, from an objective standpoint and 3) the employment conditions, when compared with other potential non-employment explanations, were the major contributing cause of the mental disorder...

MERCK SETTLES VIOXX CASES

Posted on November 28, 2007
Pharmaceutical giant Merck has agreed in principle to settle all remaining Vioxx lawsuits. The company has agreed to pay $4.85 billion to plaintiffs in 27,000 pending cases. The settlement was cobbled together after juries from New Jersey to California had heard about 20 cases...

ALLSTATE AND STATE FARM SUED FOR CONSPIRACY

Posted on November 27, 2007
The Louisiana Attorney General, Charles Foti, recently filed suit against Allstate and State Farm, accusing the two companies of conspiring to limit payments to policyholders after Louisiana was pounded by hurricanes Katrina and Rita. The lawsuit alleges that the two companies worked together to manipulate damages estimates and to low ball claimants who suffered damages...

ILLINOIS WHISTLEBLOWER ACT DOESN'T IMPACT RETALIATORY DISCHARGE

Posted on November 07, 2007
The First Appellate Court recently came down with an interesting decision involving the Illinois Whistleblower Act, 740 ILCS 174/1. In Callahan v. Edgewater Care, the plaintiff, Melissa Callahan, claimed that she was fired from her position as an admissions clerk in a nursing home for reporting activity that she felt was in violation of state law...

MORE DETAILS ON CHICAGO PRIEST ACCUSED OF SEXUAL MISCONDUCT

Posted on November 01, 2007
More details are emerging about precisely how early Church authorities were aware of alleged sexual misconduct on the part of Rev. Donald J. McGuire. McGuire was a teacher at Loyola Academy in the late 1960's. In 1969, Rev. Charles Schlax contacted the the president of Loyola, Rev...

ANOTHER SEXUAL ABUSE LAWSUIT AGAINST CHICAGO PRIEST

Posted on October 26, 2007
Just this week, another sexual abuse lawsuit was filed against Rev. Donald McGuire, a Chicago area priest. The lawsuit, filed by two brothers, claims that McGuire sexually abused the two boys at different times. The older brother is claiming abuse from 1988 through 1994, while the younger brother is claiming abuse from 2001 through 2002...

ANOTHER VERDICT AGAINST CHICAGO POLICE

Posted on October 25, 2007
The Chicago Police Department is not having a particularly good month when it comes to lawsuits. Just a week after a 4 million dollar settlement to a man who claimed he was brutalized with a screwdriver, the Department was back in a federal courtroom in another civil case...

WHISTLEBLOWER VERDICT AGAINST EYE DOCTOR

Posted on October 24, 2007
A St. Louis county jury recently awarded a St. Louis woman $95,000 in punitive damages in a whistleblower trial Michelle Fleshner, 35, had sued Pepose Vision Institute, claiming that she was terminated by Dr. Jay Pepose because she had coooperated with a U...

ILLINOIS TEEN SETTLES WITH POLICE AFTER GETTING TASERED

Posted on October 16, 2007
A south suburban teenager, Travis Alexander, has agreed to settle his lawsuit against a south suburban Chicago Police Department. Alexander sued the Riverdale Police Department after he was tasered and attacked by a police dog. Alexander was 17 at the time of the incident...

BIG SEXUAL HARASSMENT VERDICT AGAINST MADISON SQUARE GARDEN

Posted on October 10, 2007
As reported last week, a New York jury recently hammered Madison Square Garden[MSG] and its chairman, James Dolan in a sexual harassment suit. Anucha Browne Sanders had sued MSG, Dolan and New York Knicks coach Isiah Thomas, claiming she had been subjected to a hostile work environment due to crude comments and sexual advances from Thomas...

ILLINOIS LEGISLATION CAPPING DAMAGES BEING REVIEWED

Posted on September 20, 2007
On September 17, 2007, oral arguments in the lead case challenging the constitutionality of Public Act 94-677[medical malpractice caps] took place in the Courtroom of Cook County Judge Diane Larsen. The case at issue involves Abigaile LeBron, an infant...

ILLINOIS STATUTE OF LIMITATIONS EXTENDED FOR RAPE VICTIMS

Posted on September 18, 2007
On Monday, September 10, 2007, Governor Blagojevich signed House Bill 1462, which, under certain circumstances will extend the time period rape victims have to sue their attackers for money damages. Effective January 1, 2008, the new law will suspend the statute of limitations when the rape victim has been intimidated into remaining quiet...

ILLINOIS TEACHER NEEDS TO READ UP ON BILL OF RIGHTS

Posted on September 13, 2007
Steve and Kelly D'Allesandro are VERY angry with their son's junior high school dean. With very good reason. They filed a federal lawsuit against the school arising out of an odd series of events last year. The saga started back in 2006 when their son Tyler, a student at a suburban Chicago junior high school, inadvertently brought a knife to school in his backpack...

CHICAGO HEAVYWEIGHT BEING SUED

Posted on September 11, 2007
According to a recent article in the Chicago Sun-Times, the next fight for Chicago heavyweight Andrew Golota might take place in a Chicago courtroom. Golota is being sued by a Chicago woman after a traffic accident in April, 2007. The woman, Juliet Mendez, is claiming that Golota blew a stop sign and slammed into her car...