Illinois Lawyer Blog
Wilful violation NOT required for "missing witness" instruction per Illinois Appellate Court.
December 20th, 2017
The Second District Appellate Court handed down an important decision recently dealing with the failure to produce evidence. In Meeks v. Great America LLC, the plaintiff, Shatoya Meeks, was enjoying a day at Hurricane Harbor Water Park. While riding a water slide, Ms. Meeks suffered very serious injuries to her hands and wrists. She filed a lawsuit alleging th…
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Categories: CASES IN THE NEWS
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Doctors claim uncertainty - and do harm.
December 13th, 2017
I took the deposition of an infectious disease doctor the other day in a Workers’ Compensation matter. The doctor – let’s call him Dr. Smith – treated my client as he lay dying in a south suburban hospital. My client – Donald – was a plumber who worked for an HVAC company in the south suburbs. By way of background, prior to his death, Denni…
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Categories: TRIAL PRACTICE
Tags: Legionnaires Disease
What does "knowingly" mean under the Illinois Residential Real Property Disclosure Act?
November 28th, 2017
What exactly is the burden of proof under the Residential Real Property Disclosure Act, 765 ILCS 77/1, [“the Act”]? The operative language, found in Section 55, specifies that a personwho knowingly violates provisions of the Act is liable for actual damages, court costs and possibly attorney fees incurred by the prevailing party. But what does R…
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Categories: ILLINOIS LAW
Abraham Lincoln, open windows and supposed ethical lapses.
November 15th, 2017
Saw an excellent article in the Illinois Bar Journal by lawyers Guy Franker and J. Steven Beckett entitled Lawyer Lincoln’s Legacy – Honest Abe on Lawyer Honesty. Their article offered an interesting analysis of a supposed ethical lapse Mr. Lincoln had whilst defending a woman on murder charges. Before going much further, let me state that both Mr.…
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Categories: AND NOW FOR SOMETHING COMPLETELY DIFFERENT
A sip of beer leads to a burned esophagus. And a $750,000 verdict.
September 18th, 2017
This is a terrifying story. Richard Washart was dining at the McCormick & Schmicks restaurant in Atlantic City and ordered a beer with his meal. He took the first sip of his beer and things went to hell. Washart immediately began to experience a severe burning pain. He ran to to the bathroom where he became intensely ill. Severe pain in his mouth and throa…
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Categories: CASES IN THE NEWS
Trump Administration goes with Sgt Schultz approach to legal donations.
September 14th, 2017
This troubling development got some coverage today – but not enough. The United States Office of Government Ethics[OGE] has quietly reversed an internal ruling that has, for decades, prohibited White House staffers from accepting anonymous donations to help pay legal fees. Now government employees can solicit and accept money from people that until this…
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Litigators drink wine. A trial lawyer drinks whiskey and tries cases.
September 12th, 2017
In an interesting post on Above the Law, the other day, John Balestriere reported that a South Dakota Judge, Cheryle Gering, gave the following directive to some lawyers in her courtroom: “You need to be trial lawyers. A litigator drinks wine and takes depositions. A trial lawyer drinks whiskey and tries cases.” Wow. Suddenly every trial lawyer in…
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Fee petitions ain't bean-bag.
September 8th, 2017
A recent case out of Pennsylvania serves as a cautionary tale for attorneys seeking attorney fees pursuant to statute. The case, Clemens v. New York Central Mutual Fire Insurance Company was a “bad faith” case – where the plaintiff alleges the insurance carrier did not act appropriately in evaluating and/or resolving a claim. The case was tri…
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Tags: fee petition
New law says Illinois businesses can't stop bad online reviews through gag clauses.
August 30th, 2017
Illinois Governor Rauner recently signed a law that prohibits businesses from enforcing “non-disparagement” or “gag” clauses in contracts for the sale or lease of consumer goods. The gag clauses are typically placed in the Terms and Conditions portion of the contract. Why there? Simple. Consumers don’t read Terms and Conditions. T…
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Categories: IN THE NEWS
Is there a link between brain cancer and major league baseball?
August 24th, 2017
Is there a link between brain cancer and major league baseball? Some people are wondering, as Jere’ Longman’s recent article in the New York Times pointed out. The Philadelphia Phillies played at Veterans Stadium from 1971 to 2003. A number of Phillies who played at Veterans during those years have died of glioblastoma, a particularly deadly type o…
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Categories: IN THE NEWS
