Illinois Lawyer Blog

Au pairs strike back.

  Colleen Slevin of the Denver Post had an article in the Denver Post the other day about $65.5 million dollar settlement against several companies that bring young women to the United States to work as au pairs.  [An au pair is typically a young woman, from outside the United States who comes here to provide live-in child care to families].   The und… Read More
Read More
Categories: CASES IN THE NEWS

Environmental toxic exposure - may be the next trend in tort litigation - and chemical manufacturers should be concerned.

  The most recent ABA Journal had an intriguing excerpt from a book Poisoned – How a Crime Busting Prosecutor Turned His Medical Mystery into a Crusade for Environmental Victims – which might portend the next trend in tort litigation.   The book was written by Alan Bell, who in the 1980’s was a hotshot prosecutor in Florida.  He th… Read More
Read More

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… Read More
Read More

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… Read More
Read More

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… Read More
Read More
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… Read More
Read More
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
Read More

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
Read More

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
Read More
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
Read More
Categories: IN THE NEWS