Illinois Lawyer Blog
ILLINOIS WHISTLEBLOWER STATUTE REQUIRES AN ACTUAL REFUSAL TO PARTICIPATE IN ILLEGAL ACTIVITY - COMPLAINTS TO THE BOSS NOT ENOUGH
May 20th, 2011
The Illinois Appellate Court recently handed down an interesting decision setting forth what is expected of a plaintiff seeking to assert a claim under The Illinois Whistleblower Act[“the Act”]. In Sardiga v. The Northern Trust Company, Darren Sardiga was terminated from his Vice President position with Northern Trust on January 3, 2005 – les…
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Categories: IN THE NEWS
IS FOREST PRESERVE OF COOK COUNTY LIABLE WHEN TREE LIMB FALLS AND HITS MOTORIST ON ADJACENT ROADWAY? MAYBE
May 18th, 2011
In Belton v. Forest Preserve of Cook County, Darryl Belton was injured when his car was struck by a decaying tree limb that fell from a tree on property maintained by the Forest Preserve District[“the District”]. Belton was driving on an adjacent roadway that was NOT on Forest Preserve property. Belton sued the Forest Preserve District alleging it…
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Categories: Uncategorized
CLAIM FOR PUNITIVE DAMAGES FOR WILFUL AND WANTON VIOLATIONS OF ILLINOIS NURSING HOME ACT DO NOT SURVIVE DEATH OF RESIDENT
May 11th, 2011
Recently, in Vincent v. Strathmoor, the Illinois Supreme Court was presented with a singular question of law: – does a claim for punitive damages based upon allegations of willful and wanton violations of the Illinois Nursing Home Care Act(210 ILCS 45/1-101 et seq) survive the death of the nursing home resident, upon whose behalf the case was brought? Th…
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Categories: CASES IN THE NEWS
ILLINOIS SECURITY GUARD WHO CAN'T EXPLAIN FALL AT WORK LOSES WORKERS COMP CLAIM
May 5th, 2011
The Illinois Appellate Court[4th Dist] recently issued an opinion clarifying when a worker can recover for an unexplained fall at work. In Baldwin v. The Illinois Workers’ Compensation Commission, the facts are pretty straightforward. Cathy Baldwin worked as a security guard. On October 8, 2006 she was working inside guard duty, which called for her to w…
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Categories: CASES IN THE NEWS
"SPECIAL" DAMAGES NOT REQUIRED IN ILLINOIS MALICIOUS PROSECUTION CASE BASED UPON ARREST
May 3rd, 2011
Hopefully in the process of settling a malicious prosecution case against a large Chicago area security company and a national consumer goods store. The defendants had my client arrested and prosecuted for various misdemeanor criminal charges after a minor incident in a store. My client was found Not Guilty on all charges. I filed a malicious prosecution case…
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Categories: EVIDENCE
IS A BLOG WORTH THE TROUBLE?? YOU BET.
May 2nd, 2011
I recently did an analysis of my web presence – specifically my weblog[which you are currently reading] and my website[which is dated and boring and badly needs updating]. I decided to revamp my website. The company overseeing that project advised that they could port over my blog to the website and save me some money in the process. My contract with the…
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Categories: WORDS OF WISDOM
LONG RUNNING HOCKEY INJURY CASE SETTLES
April 27th, 2011
Finally!! My longest running case has concluded. I filed this case in 2005 after my client suffered a serious eye injury while working as a physical trainer for a local hockey club. He was injured when he was struck in the eye by a hockey puck. He had just entered the bench area from the locker room in order to fill some water bottles on the bench. As he stepp…
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Categories: BLOWING MY OWN HORN
RETALIATORY FAILURE TO REHIRE???
March 18th, 2011
Fighting yet another Motion for Summary Judgment in a retaliatory discharge case. My client, a nice young guy had worked for years with his employer. He suffers a legitimate back injury lifting a heavy hose[he was in a heavy labor job]. He is off work for a bit, and is eventually released, with some signficant lifting restrictions. Employer says he can basical…
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Categories: Uncategorized
SECTION 324: AN EXCEPTION TO THE ILLINOIS RULE THAT ONE CANNOT BE HELD LIABLE FOR FAILING TO PROTECT ANOTHER FROM CRIMINAL ATTACK
March 15th, 2011
I am presently fighting a Motion to Dismiss in a horrible case that arose in a hospital. My client was was in the hospital for cardiac symptoms. After sedating my client with Morphine and rendering her unable to defend herself, a male nurse allegedly sexually asaulted her. [ I hate to qualify with “allegedly” but I was at a conference last night wh…
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Categories: TRIAL PRACTICE
ILLINOIS APPELLATE COURT SAYS "AS IS" NOT A DEFENSE IN FRAUD CASE INVOLVING SALE OF PROPERTY WITH BAD ROOF
March 6th, 2011
There was an important decision recently handed down by the Illinois Second District Appellate Court involving the sale of property on an “as is” basis. In Napcor v. JP Morgan, the defendant was the trustee of a 72,000 plus square foot commercial building in Aurora, Illinois. Howard Preis, a member of defendant’s Trust Dept. was responsible f…
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Categories: CASES IN THE NEWS