Illinois Lawyer Blog

ILLINOIS SUPREME COURT ALLOWS INJURED PARTIES TO RECOVER FULL REASONABLE VALUE OF MEDICAL EXPENSES

The Illinois Supreme Court recently clarified exactly what injured parties may claim as medical expenses in injury cases. The opinion, Wills v. Foster, was issued on June 19, 2008. The underlying facts are pretty straightforward. The plaintiff, Sheila Wills was injured in an automobile collision. She sued the defendant, Inman E. Foster. Ms. Wills had medical b… Read More
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Categories: EVIDENCE

SEX ABUSE CRISIS RAGES IN VERMONT

The story that just won’t go away. Various news agencies carried stories on Friday about the Catholic priest sex abuse scandal that is currently rocking Vermont. In May, a jury heard allegations from a former Vermont altar boy that he was abused repeatedly by Rev. Edward Paquette in the 1970s. The jury awarded the plaintiff, now in his 40’s, $8.7 m… Read More
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ILLINOIS HAS A FIVE DAY NOTICE FOR INJURY CASES

Illinois personal injury lawyers have their own version of the Five Day Notice. Pursuant to 815 ILCS 640/1, the Personal Injury Representation Agreement Act, any plaintiff who retains counsel to represent him/her in a personal injury case, WITHIN 5 DAYS OF THE INCIDENT, may, within 10 days after the occurrence, avoid the contract by notifying the attorney, in… Read More
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Categories: Uncategorized

E. COLI DEADLY - EVEN IF NOT EATEN!

The Chicago Sun Times reported Monday on the tragic story of a 3 year old girl who died as a result of E. Coli poisoning – even though she had not ingested the tainted meat. The child, Brianna Kriefall, had eaten with her family at a Sizzler Restuarant in South Milwaukee, Wiconsin, sometime in 2000. Brianna didn’t eat any of the tainted meat, but h… Read More
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Categories: CASES IN THE NEWS

SUPREME COURT BANS RETALIATION UNDER SECTION 1981

The United States Supreme Court recently struck a blow for those employees who claim they were retaliated against after complaining of racial discrimination at their workplace. The case, CBOCS[Cracker Barrel Old Country Stores]West v. Humphries, arose out of treatment the plaintiff, Hedrick Humphries endured at an Illinios Cracker Barrel Restuarant. Humphries… Read More
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Categories: CASES IN THE NEWS

BE WARY OF THE VOLUNTARY

The Illinois Supreme Court recently came down with a decision that should make make Illinois trial attorneys think twice about taking voluntary dismissals of their cases. The Hudson v. City of Chicago case involved allegations that the City failed to properly respond to a life-threatening situation. In November of 1998, George Hudson Jr., just three years old,… Read More
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Categories: Uncategorized

STATE OF ILLINOIS EMPLOYEE LOSES HARASSMENT SUIT

A federal jury recently returned a verdict against Carlos Estes in his sexual harassment suit against Teyonda Wertz, his boss at the Illinois Department of Human Services. Estes was a driver/special assistant for Wertz, who is Chief of Staff for the Illinois Department of Human Services. The portion of the case that got the most attention arose out of a trip E… Read More
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Categories: CASES IN THE NEWS

TAX ISSUES SATISFY PUBLIC POLICY REQUIREMENT FOR ILLINOIS RETALIATORY CLAIM

The United States Court of Appeals for the Seventh Circuit recently weighed in on the “public policy” element Illinois retaliatory discharge plaintiffs must show. In Benders v. Bellows and Bellows, the plaintiff filed a three count complaint in federal court after her termination from the defendant law firm. The third count of her complaint alleged… Read More
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Categories: Uncategorized

DAMAGES LIMITATIONS STRUCK DOWN BY ILLINOIS JUDGE

As previously noted in my September 20, 2007 entry, trial lawyers across Illinois were holding their breath, waiting for an important decision out of the courtroom of Judge Diane Larsen, a Cook County trial judge. Judge Larsen was presiding over a case where recent legislation that capped damages in medical malpractice cases was being challenged. Specifically,… Read More
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Categories: MEDICAL MALPRACTICE

RECOVERY FOR PSYCHOLOGICAL INJURY UNDER ILLINOIS WORKMENS' COMPENSATION ACT

Illinios workers seeking to recover for non-traumatically induced mental disease have significant evidentiary obstacles to overcome. In order to prevail, the worker must show: 1) the mental disorder arose in a situation of greater dimensions that day to day emotional strain and tension present in every workplace; 2) the mental condition must exist in reality,… Read More
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