Illinois Lawyer Blog: Litigation

Home -> Law Blog Directory -> Litigation Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Litigation

Illinois Lawyer Blog

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

Post Frequency: 0.6/day

Last Entry: May 20, 2011 at 02:29:18

ILLINOIS WHISTLEBLOWER STATUTE REQUIRES AN ACTUAL REFUSAL TO PARTICIPATE IN ILLEGAL ACTIVITY - COMPLAINTS TO THE BOSS NOT ENOUGH

Posted on May 20, 2011
The Illinois Appellate Court recently handed down an interesting decision setting forth what is expected of a plaintiff seeking to assert a claim under The Illinois Whistleblower Act["the Act"]. In Sardiga v. The Northern Trust Company, Darren Sardiga was terminated from his Vice President position with Northern Trust on January 3, 2005 - less than a year after he had been hired...

IS FOREST PRESERVE OF COOK COUNTY LIABLE WHEN TREE LIMB FALLS AND HITS MOTORIST ON ADJACENT ROADWAY? MAYBE

Posted on May 18, 2011
In Belton v. Forest Preserve of Cook County, Darryl Belton was injured when his car was struck by a decaying tree limb that fell from a tree on property maintained by the Forest Preserve District["the District"]. Belton was driving on an adjacent roadway that was NOT on Forest Preserve property...

CLAIM FOR PUNITIVE DAMAGES FOR WILFUL AND WANTON VIOLATIONS OF ILLINOIS NURSING HOME ACT DO NOT SURVIVE DEATH OF RESIDENT

Posted on May 12, 2011
Recently, in Vincent v. Strathmoor, the Illinois Supreme Court was presented with a singular question of law: - does a claim for punitive damages based upon allegations of willful and wanton violations of the Illinois Nursing Home Care Act(210 ILCS 45/1-101 et seq) survive the death of the nursing home resident, upon whose behalf the case was brought? The case arose after Marjorie Vincent died in December of 2006 while a resident of Alden-Park Strathmoor, a nursing home in Rockford...

ILLINOIS SECURITY GUARD WHO CAN'T EXPLAIN FALL AT WORK LOSES WORKERS COMP CLAIM

Posted on May 06, 2011
The Illinois Appellate Court[4th Dist] recently issued an opinion clarifying when a worker can recover for an unexplained fall at work. In Baldwin v. The Illinois Workers' Compensation Commission, the facts are pretty straightforward. Cathy Baldwin worked as a security guard...

To access this complete feed in the blog feed reader login or register for free.

"SPECIAL" DAMAGES NOT REQUIRED IN ILLINOIS MALICIOUS PROSECUTION CASE BASED UPON ARREST

Posted on May 04, 2011
Hopefully in the process of settling a malicious prosecution case against a large Chicago area security company and a national consumer goods store. The defendants had my client arrested and prosecuted for various misdemeanor criminal charges after a minor incident in a store...

IS A BLOG WORTH THE TROUBLE?? YOU BET.

Posted on May 03, 2011
I recently did an analysis of my web presence - specifically my weblog[which you are currently reading] and my website[which is dated and boring and badly needs updating]. I decided to revamp my website. The company overseeing that project advised that they could port over my blog to the website and save me some money in the process...

LONG RUNNING HOCKEY INJURY CASE SETTLES

Posted on April 28, 2011
Finally!! My longest running case has concluded. I filed this case in 2005 after my client suffered a serious eye injury while working as a physical trainer for a local hockey club. He was injured when he was struck in the eye by a hockey puck. He had just entered the bench area from the locker room in order to fill some water bottles on the bench...

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...

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...

Related Law Bulletins

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
1. He steals your money.2. He steals your money.3. He steals your ...

Immigration Lawyer And Assistant Found Guilty Of Visa Fraud
The United States Attorney's Office for the Southern District of T...

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
THIS IS A TRUE STORYA call came in the other day. A hysterical wom...

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains
Have you ever felt that you were wronged? Maybe you noticed it whe...

2 Questions Every New York Malpractice Lawyer Needs To Ask
A potential client calls the office with a story that rambles on a...