Bar pays alcoholic worker in booze. Worker gets drunk, falls, hits head, dies. Appellate Court says no independent cause of action against bar.

The First District Appellate court recently faced a novel question – what liability does a bar face when it provides free alcohol to someone who then falls, hits his head and dies? The case – Schramm v. 3258 Wells Street Restaurant – involved some unusual facts. Michael Schramm[“Michael”] worked as a busser at 3258 S. Wells, also… Read More
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Illinois Homebuyer alleges National Association of Realtors conspiracy resulting in higher home prices

As detailed in Dennis Rodkin’s article in Crain’s this week, a Chicago-area homebuyer just filed a lawsuit against At World Properties, alleging that At World – the largest residential real estate firm in Illinois, has engaged in a longtime conspiracy to inflate home prices and broker commissions. The complaint, filed by James Tuccori, ostens… Read More
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Flight Attendants Secure $1 Million Plus Dollar Verdict for Formaldehyde-tainted uniforms.

In September of 2016, American Airlines came up with yet another uniform change for its flight attendants. Tracey Silver-Charan had been working for American as a flight attendant for 35 plus years and had seen uniform modifications come and go many times over the years. She dutifully got the new uniform and started wearing it, and didn’t give it another… Read More
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A routine motion and the heartbreak beneath.

Judge Thomas Durkin ruled on a routine pleadings motion in Federal Court in Chicago this week. A defendant was moving to dismiss a complaint, asserting the injured party failed to include the necessary allegations to go forward with a complaint. Sometimes however, even dry rulings on routine pleadings motions cannot obscure the heartbreak beneath. On September… Read More
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Young workers dying from incurable disease associated with stone countertops

The Los Angeles Times had a disturbing article by Emily Alpert Reyes last week regarding the deadly illness popping up among workers involved in the cutting of manufactured stone for use in kitchen countertops. The illness – silicosis – is an incurable and suffocating disease that is killing workers across California – many of them quite youn… Read More
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Categories: CASES IN THE NEWS

Beware the Arbitration Agreement

I remember the excitement that comes with getting the offer letter on that job you really wanted. You can leave that dead-end job you are in, start making some real money and start enjoying life again. Yeah, the Employment Agreement includes an Arbitration Clause. And it’s kinda weird but the Arbitration Clause says the case has to be arbitrated on the o… Read More
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Categories: EMPLOYMENT LAW, MY CASES

Illinois First Appellate District Finds Prejudgment Interest Act Constitutional

On June 9, 2023, the Appellate Court of Illinois, First District, ruled that the Illinois Prejudgment Interest Act [“the Act”] was constitutional. The constitutionality of the Act was addressed in Cotton v. Coccaro, an appeal of $6.5 million dollar verdict against various defendants in a medical malpractice case. After the verdict the trial court d… Read More
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Categories: Blog

Illinois Nursing Home Arbitration Clause Shot Down

The Illinois Appellate Court recently handed down an important opinion that will have important ramifications in nursing home litigation. In Parker v. Symphony of Evanston, Cheryl Parker as the independent administrator of the Estate of Mae Jefferson, filed suit against Symphony Evanston Healthcare(“Symphony”) alleging that Symphony had been neglig… Read More
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Categories: Blog

Supreme Court lets $2.2 billion dollar ovarian cancer verdict stand against Johnson & Johnson

This important ruling got kind of lost in the news cycle. A couple weeks ago, the United States Supreme Court refused to vacate a $2.2 billion dollar ovarian cancer verdict against Johnson & Johnson[“J & J”]. The verdict was originally returned by a Missouri jury in 2018 on behalf of 22 women. The original verdict was actually $4.7 billion… Read More
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Recent Appellate Decision provides roadmap for dog bite cases.

The Illinois Second District Appellate court recently handed down an opinion that provides a pretty concise roadmap of the proof one needs when litigating a dog bite case. In Dziewra v. Ori, Jamie Dzierwa sued several people after she was bitten by Fiona – a 105 pound Cane Corso[a Cane Corso(not Fiona) is pictured above]. The drama started on July 25, 20… Read More
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Categories: CASES IN THE NEWS