» CASES IN THE NEWS
Can we put a fork in the de mimimus rule?
January 29th, 2018
The “de minimus rule” is a great example of a how a limited legal concept gets misused and misapplied. In effect, the de minimus rule is a defense argument that is used in premises liability cases. Reduced to its simplest form, the de minimus rule says that whatever the defect was, it was too small to matter and the injured party can’t recove…
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Categories: CASES IN THE NEWS
Judge sleeps during a murder trial and Illinois Appellate Court is fine with it.
January 24th, 2018
Imagine a criminal trial where the defendant is charged with four separate counts of first degree murder. Then imagine that while a detective is testifying regarding some videotape evidence, defense counsel notices that the judge is ….. asleep. Sounds like the opening scenes from Law and Order. But that exact scenario played out in a Whiteside County, Il…
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Categories: CASES IN THE NEWS
Tags: sleeping judge
The Chicago way at the Zoning Board of Appeals.
December 27th, 2017
Greg Hinz had a very interesting article[read it here] in Crains a week or so ago about precisely how fruitless it is to say no to a developer in the booming Lakeview neighborhood. Hinz wrote about how one of his Lakeview neighbors, a lawyer named James Faier, was recently approached by a heavyweight zoning lawyer. The zoning lawyer represented a developer who…
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Categories: CASES IN THE NEWS
Wilful violation NOT required for "missing witness" instruction per Illinois Appellate Court.
December 20th, 2017
The Second District Appellate Court handed down an important decision recently dealing with the failure to produce evidence. In Meeks v. Great America LLC, the plaintiff, Shatoya Meeks, was enjoying a day at Hurricane Harbor Water Park. While riding a water slide, Ms. Meeks suffered very serious injuries to her hands and wrists. She filed a lawsuit alleging th…
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Categories: CASES IN THE NEWS
A sip of beer leads to a burned esophagus. And a $750,000 verdict.
September 18th, 2017
This is a terrifying story. Richard Washart was dining at the McCormick & Schmicks restaurant in Atlantic City and ordered a beer with his meal. He took the first sip of his beer and things went to hell. Washart immediately began to experience a severe burning pain. He ran to to the bathroom where he became intensely ill. Severe pain in his mouth and throa…
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Categories: CASES IN THE NEWS
Fee petitions ain't bean-bag.
September 8th, 2017
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…
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Tags: fee petition
$417 Million awarded to plaintiff in Johnson & Johnson talcum powder case just months after $110 million dollar verdict.
August 23rd, 2017
On Monday, a Los Angeles jury returned a stunning $417 million dollar verdict against Johnson & Johnson in another case claiming that Johnson & Johnson baby powder led to ovarian cancer. Eva Echeverria had claimed that she used the baby powder on a daily basis from the 1950s until 2016. She was diagnosed with ovarian cancer in 2007. The verdict is the…
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Categories: CASES IN THE NEWS
Ford Agrees to pay $10 Million in EEOC case out of Chicago plant
August 17th, 2017
Ford Motor has agreed to pay $10.125 million dollars to resolve a United State Equal Employment Opportunity Commission[EEOC] case alleging sexual and racial harassment of of female African American workers at the Chicago Assembly Plan and Chicago Stamping Plant. The EEOC also alleged that Ford had retaliated against those workers who complained about the haras…
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Categories: CASES IN THE NEWS
Illinois Appellate Court: cab company may be liable for intentional acts of independent contractor driver.
August 16th, 2017
Should a cab company be held liable when one of its drivers makes sexual advances to a passenger and then assaults her? The Illinois Appellate Court dealt with that issue last month in McNerney v. Allamuradov. The opinion is worth a read, particularly for its analysis of the negligent hiring allegations. The underlying facts are pretty straightforward. Susan M…
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Categories: CASES IN THE NEWS
Abbvie hit with enormous and unusual verdict for misrepresenting AndroGel Risks.
August 9th, 2017
Lauraann Wood reported on this surprising and highly unusual verdict in the Chicago Daily Law Bulletin last week. Mr. Jessie Mitchell, an Oregon resident, filed suit against Illinois pharmaceutical company Abbvie alleging that Abbvie purposely downplayed the serious side effects and health risks posed associated with Androgel – a testosterone replacement…
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Categories: CASES IN THE NEWS