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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

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...

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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...

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