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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

Former MSNBC Host Falsely accused by Rush Limbaugh of posing nude at 14.

This story is actually difficult to believe. During a recent broadcast of his nationally syndicated radio show, Rush Limbaugh said this about Krystal Ball, a former Democratic Congressional candidate: “Remember the name Krystal Ball with a K? Some thought she was attractive. She was running for Congress and she got elected, some tweets came out. She pose… Read More
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Categories: Blog, IN THE NEWS

Illinois Appellate Court squashes "one free rape" argument after guest attacked at Holiday Inn.

I read the opinion in Gress v. Lakhani Hospitality quite some time ago and meant to post about it. But the opinion got buried with other papers and finally resurfaced the other day. The opinion provides much needed clarity to what a plaintiff must show – and perhaps more importantly what a plaintiff is NOT obligated to show – when it comes to hotel… Read More
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Senior Citizens acting badly - residential community for older adults liable after residents terrorize lesbian.

The United States Court of Appeals for the Seventh Circuit recently issued a decision in Wetzel v. Glen S. Andrew Living Community. There are important legal takeaways that are discussed below. The most jarring takeaway though, from the humanity perspective, is that even elderly people, who should know better, can still act like assholes. As the opinion lays o… Read More
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Categories: Blog

Trump Administration goes with Sgt Schultz approach to legal donations.

This troubling development got some coverage today – but not enough. The United States Office of Government Ethics[OGE] has quietly reversed an internal ruling that has, for decades, prohibited White House staffers from accepting anonymous donations to help pay legal fees. Now government employees can solicit and accept money from people that until this… Read More
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Categories: Blog, IN THE NEWS

Litigators drink wine. A trial lawyer drinks whiskey and tries cases.

In an interesting post on Above the Law, the other day, John Balestriere reported that a South Dakota Judge, Cheryle Gering, gave the following directive to some lawyers in her courtroom: “You need to be trial lawyers. A litigator drinks wine and takes depositions. A trial lawyer drinks whiskey and tries cases.” Wow. Suddenly every trial lawyer in… Read More
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Categories: Blog, TRIAL PRACTICE

Fee petitions ain't bean-bag.

A recent case out of Pennsylvania serves as a cautionary tale for attorneys seeking attorney fees pursuant to statute. The case, Clemens v. New York Central Mutual Fire Insurance Company was a “bad faith” case – where the plaintiff alleges the insurance carrier did not act appropriately in evaluating and/or resolving a claim. The case was tri… Read More
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Categories: Blog, CASES IN THE NEWS

Hurt on the job while hooping? Might be a Workers Comp case.

Great decision out of the First District Appellate Court last year on an interesting Workers Comp issue. In Calumet Sch. Dist #132 v Ill. Workers’ Comp. Comm, Jonathan Jordan[ironic this guy was named Jordan] was a science teacher at Calumet Middle School. Teachers at that that school were expected to attend and participate in afterschool activities whic… Read More
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Takata lied about its defective airbags. And people died.

The web is busting with stories on the Takata airbag mess. By way of background, Takata, is a Japanese company that supplies airbags to several US car manufacturers. Former Takata engineers have indicated that years ago, cost factors compelled the company to turn to a less expensive propellant for use it its airbags. The propellant triggers inflation of the ai… Read More
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