Illinois Lawyer Blog

Texting about veal parmigiana dinner while driving = $235,000 settlement

Saw this story by Robert Storace online recently. Dasantila Rook was driving home from her job at a Connecticut restaurant in July of 2015. She was taking food home to have dinner with her husband. All well and good. Dasantila got into trouble when she decided to text her husband about dinner. She was describing what sounded like a delicious veal parmigiana di… Read More
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Illinois Appellate Court squashes "one free rape" argument after guest attacked at Holiday Inn.

I read the opinion in Gress v. Lakhani Hospitality quite some time ago and meant to post about it. But the opinion got buried with other papers and finally resurfaced the other day. The opinion provides much needed clarity to what a plaintiff must show – and perhaps more importantly what a plaintiff is NOT obligated to show – when it comes to hotel… Read More
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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 underlying lawsui… Read More
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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 then left his pros… Read More
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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 worked for e… Read More
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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 abuser of undera… Read More
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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 him to fall. Campbell… Read More
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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 the opinion lays o… 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. Van Pelt… 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’s g… Read More
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