Illinois Lawyer Blog

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… Read More
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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. … Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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Chipotle wrongfully accuses worker of theft and fires her. Then Chipotle pays dearly.

  I saw this online story by Rachel Seigel of the Washington Post a couple weeks ago.   Jeanette Ortiz worked at a California Chipotle for 14 years.  She had moved up to a General Manager position and was making around $72,000 a year.  Chipotle’s practice going back several years, was to have armored cars swing by and swap out large bills for s… Read More
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Pork producer sprays hog waste in air - and neighbors secure a $50 million dollar punitive damages verdict. And same defendant looking at DOZENS of similar cases

    Wow.  A North Carolina jury absolutely walloped the worlds largest pork producer last week over its disposal practices. Ten neighbors filed suit against Kinlaw Farms, a large pork production facility located in North Carolina.  Kinlaw is owned by Murphy-Brown LLC  [a subsidiary of Chinese-owned Smithfield Foods].   The focus of the plaintif… Read More
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FDA taking a fresh look at Parkinson's medication after hundreds of deaths linked to use of drug.

    In 2016, the scientific community was optimistic about a new drug – Nuplazid – that appeared to promise some relief to patients who had to endure the misery of Parkinson’s psychosis – a symptom of Parkinson’s disease that caused patients to experience hallucinations and delusions.  The drug, made by Arcadia Pharmac… Read More
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