Illinois Lawyer Blog

Illinois Appellate Court gives green light to asbestos case alleging conspiracy amongst manufacturers to hide the risks.

Jones v. Pneumo Abex, LLC is an interesting asbestos decision out of the Fifth Appellate District in Illinois.  And it likely has asbestos manufacturers concerned.  In Jones, the plaintiffs, John and Deborah Jones, sued Pneumo Abex and Owens-Illinois for injuries John suffered due to asbestos exposure when he worked in construction.  John Jones never worke…

Why Alexander Acosta should NEVER be Attorney General.

    The endless and exhausting breaking news generated by the White House sometimes overwhelms other important stories.  The Miami Herald had a story the other day about Alexander Acosta – the current Secretary of Labor – and his involvement in the remarkably lenient treatment of Jeffrey Epstein, a Florida billionaire, and serial sexual…

Illinois Appellate Court sticks yet another fork in the phantom injury defense.

    Defense lawyers have been suggesting other causes of injuries since the Stone Age.  The Fifth Appellate District, in Campbell v. Autenrieb recently handed down a decision that does a nice job of explaining exactly when such testimony is permissible.  In Campbell, the plaintiff was injured when an unleashed dog lunged at Campbell and caused…
Categories: CASES IN THE NEWS

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 th…
Categories: Blog

Tort of retaliatory discharge just got a little broader in Illinois.

A decision out of the Federal District Court in Chicago appears to have broadened the tort of retaliatory discharge a bit. In Van Pelt v. BonaDent, plaintiff Tad Van Pelt had been recruited to work as a sales representative for BonaDent, Inc.  a dental lab.  Van Pelt was hired as an at will employee.  In 2015, Bonadent purchased a laboratory in Chicago. …

Can woman recover when a friendly dog moves closer and causes her to fall off a porch and suffer a bad injury? Nope.

  The Fifth Appellate District downstate issued an interesting opinion yesterday involving a friendly dog and a bad fall. In 2012, Paulette Crosson was a certified nursing assistant who provided home health care to patients.  In August and September, 2012, she made multiple visits to a home owned by Pam and Bob Ruzich to provide health services to a Pam…

The HITECH Act finally levels the playing field for lawyers trying to get medical records.

As a trial lawyer, I’ve been representing injured people for decades.  One of my pet peeves is how cavalier Illinois medical providers are when it comes to responding to requests for records.  Pursuant to 735 ILCS 5/8-2001, medical providers have 30 days to respond to requests for records.  But in my experience providers, rarely, if ever, respond with…
Categories: MY CASES

News that will shock no one: nursing homes are chronically understaffed.

The Illinois Trial Lawyers newsletter today included a stoary that won’t shock most lawyers handling nursing home cases – most nursing homes aren’t adequately staffed.  While Medicare doesn’t set a minimum staff to patient ratio, it does require that a registered nurse be on the premises at least eight hours a day and a licensed nurse…
Categories: IN THE NEWS

Mediators, much like facts, matter. As do cookies.

  I recently resolved a wrongful/retaliatory discharge case through mediation.  I wasn’t particularly enthralled with the idea of a mediation as only limited discovery had been completed.  But my opponent said his client was genuinely interested in resolving the case early.  We agreed to use Retired Judge Hollis Webster of Hollis Webster Mediati…

Johnson & Johnson hammered again with $4.7 billion dollar verdict in baby powder case

  Yesterday, a St. Louis jury just absolutely crushed Johnson & Johnson again in another baby powder lawsuit.  Twenty two women[and their families] filed suit claiming that the baby powder they had used for years was the source of their ovarian cancer.  The jury agreed and awarded the group $550 million dollars in compensatory damages AND $4.14 bil…