Illinois Lawyer Blog
ILLINOIS SUPREME COURT DELAYS OPINION ON MED MAL CAPS
December 22nd, 2009
Last week the Illinois Supreme Court delayed the release of a long-awaited opinion dealing with the constitutionality of caps on damages in medical malpractice cases. The opinion in LeBron v. Gottlieb Memorial Hospital will rule on the constitutionality of the Illinois Medical Malpractice Act of 2005, which set limits on the amount of non-economic[i.e. pain an…
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Categories: CASES IN THE NEWS
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IS THE RIGHT TO AMEND UNDER 5/2-616 ABSOLUTE?
December 14th, 2009
Is the right to timely amend a complaint absolute? The provisions of 735 ILCS 5/2-616 of the Illinois Code of Civil Procedure seem to suggest that it is, by noting in subsection [a] that “…at any time before final judgment amendments may be allowed on just and reasonable terms….” Additionally, subsection [c] notes that “A pleading…
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Categories: ILLINOIS LAW
BEWARE THE REQUEST TO ADMIT
December 8th, 2009
Putting the final touches on my response to a lengthy Rule 216 Request to Admit filed by the defendant. In reading some of the recent Illinois cases discussing what constitutes a proper response – came across some helpful information. It is NOT sufficient for responding party to simply claim a lack of knowledge as a reason for a failure to admit or deny.…
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Categories: ILLINOIS LAW
ILLINOIS BANS TEST MESSAGING WHILE DRIVING
December 7th, 2009
Illinois legislators recently added a new section to the Illinois Vehicle Code banning text messaging while driving. Under Section 625 ILCS 5/12-601.2, “… a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send or read an electronic message”. The law becomes effective January 10, 2…
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Categories: ILLINOIS LAW
SUPREME COURT ALLOWS $83 MILLION DOLLAR VERDICT TO STAND AGAINST FORD
December 1st, 2009
On Monday, the United States Supreme Court refused to hear an appeal of an $83 million dollar verdict against Ford Motors resulting from injuries suffered when a Ford Explorer rolled over. In January of 2002, Brennetta Buell-Wilson was driving an Explorer on a California highway. She swerved to avoid an object in the road and the vehicle rolled over multiple t…
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Categories: CASES IN THE NEWS
FUTURE PAIN & SUFFERING
November 16th, 2009
Read an interesting case today on the issue future damages. In Maddox v. Rozek, the First District Appellate Court of Illinois was faced with an issue involving future damages. Specifically, after a verdict for plaintiff in an auto case, the defense appealed, arguing that the jury should never have received an instruction on future pain and suffering because t…
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Categories: ILLINOIS LAW
DON'T SEE THAT EVERYDAY...
November 10th, 2009
This doesn’t happen in Cook County very often. I had a hearing in a Courtroom with a judge who is universally well-regarded. This particular judge is a seasoned, thoughtful, conscientious man who understands the stress that lawyers occasionally have to endure. The case in question is a mass tort sort of thing. Let’s leave it at that. In other words…
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Categories: WAR STORIES
TARGET HALLOWEEN FLASHLIGHT STARTS FIRE IN CHILD'S BED
October 27th, 2009
Scary story in the Chicago Sun-Times last week involving about a toy flashlight. Midlothian resident Brandi Pavoni had purchased the flashlight at Target for Emily, her three year old daughter. The flashlight included Halloween-themed stencils that could slip over the bulb and be projected onto a wall. The flashlights are depicted below. Emily went down for a…
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Categories: IN THE NEWS
SEARS TAKES A HIT
September 30th, 2009
Sears Roebuck & Co. recently agreed to a record settlement in an Equal Employment Opportunity Commission[EEOC] lawsuit alleging the retailer illegally fired disabled workers. The $6.2 million dollar settlement amount is the largest settlement for a disability-related case in EEOC history. The case arose from allegations made by John Bava, former Sears tech…
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Categories: CASES IN THE NEWS
ILLINOIS SUPREME COURT OPINION A MAJOR ROADBLOCK FOR OLDER VICTIMS OF CLERGY SEX ABUSE
September 28th, 2009
The Illinois Supreme Court recently handed down an opinion that poses a major hurdle for older victims of clergy sexual abuse. Separate and apart from the legal aspect of the opinion, the undisputed facts again demonstrate an appalling neglect on the part of the Church when faced with evidence they had an abuser in their ranks. In Doe v. Dallas, the plaintiff…
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Categories: CASES IN THE NEWS
