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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: 0.8/day

Last Entry: March 18, 2011 at 18:05:25

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...

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...

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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...

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