March 3, 2010

Fighting Hate Since 1970: Morris Dees is Honored by Chicago’s Decalogue Society of Lawyers

Morris Dees, the co-founder and lawyer of the Southern Poverty Law Center, was honored at the Union League Club of Chicago by the Decalogue Society of Lawyers. The event held on March 2, 2010 at the Union League Club of Chicago was attended by Cook County judges, elected officials and members of the Decalogue Society of Lawyers, the Union League Club of Chicago and the Southern Poverty Law Center.

LawScales%204.bmpThe Decalogue Merit Award was awarded to Mr. Dees for his tireless work in fighting hate groups ranging from the Klu Klux Klan to the White Aryan Resistance. Mr. Dees was responsible for numerous victories against hate groups, including a $6 million judgment that bankrupt the Aryan nations, a $12.5 million jury verdict against the California-based White Aryan Resistance for the death of a black student, and a $26 million verdict against the Carolina Klan for burning black churches.

However, these victories did not come without a price. In 1983, the Klansman burned the Southern Poverty Law Center's offices. And while the arsonists were convicted, their leader almost successfully fulfilled a plot to kill Mr. Dees. Over the years, more than 30 men have been imprisoned for plots to harm Morris Dees or destroy the Southern Poverty Law Center property. This continued threat requires a high degree of security during public appearances.

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March 1, 2010

Wyeth v. Levine Used to Reverse Pre-Emption of Chicago Pharmaceutical Litigation Case Against Glaxo Smith Kline (GSK)

An Illinois prescription drug case that originally had been dismissed due to issues of federal preemption, has been reinstated by the 7th Circuit Court of Appeals in Chicago. This case, Mason v. SmithKline Beecham Corp. d/b/a Glaxo SmithKline, No. 08-2265, may be the first decision that addresses preemption with respect to prescription drugs.

Rx%20Warning%201.jpgThe original Illinois prescription drug lawsuit was brought by the parents of 23 year-old Tricia Mason after she committed suicide just two days after being started on the prescription drug Paxil. The Illinois prescription drug lawsuit alleged that Paxil increases the risk in suicide in children and young adult, which the manufacturer should have known and therefore had a duty to warn its users.

The lawsuit alleged that GSK violated Illinois law by choosing not to warn Tricia Mason on its label that Paxil increases the risk of suicide for children and young adults. Two years after the decedent's suicide, Paxil added a label warning of an increased risk of suicide among children taking the drug.

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February 26, 2010

Fatal Chicago Bus Accident Reaches Settlement in Wrongful Death Case

While crossing a Chicago west side intersection with her sister, an 18-year-old woman was struck by a bus. The woman’s estate filed suit against the bus driver and the private bus company for the wrongful death of the decedent.

Bus%202.jpgIn any wrongful death case certain criteria must be met. Negligence must be established on behalf of the defendant and the death must be determined to be the result of the defendant’s actions. Furthermore, if the decedent left behind dependents and the dependents suffered monetary damages as a result of the death, then a wrongful death case may be filed.

In Illinois, and in many other states, a pedestrian in the crosswalk always has the right of way. This means that drivers must always stop for pedestrians in crosswalks, even if the light is red and the pedestrian is walking against the light. Therefore, it is important that the driver of any vehicle exercise due care while crossing an intersection and be cautious and mindful of any pedestrians attempting to cross the street.

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February 24, 2010

Illinois Chemical Accident at Construction Site Leads to Worker's Death: Illinois Jury Finds For Worker's Estate

Illinois construction companies have an obligation to provide a safe work environment for their employees and do what they can to avoid Illinois construction site accidents. Because of this duty on the part of construction companies, Illinois construction workers can generally assume that the equipment and materials at a construction site are safe and hazard-free.

Hard%20Hat%203.jpgHowever, sometimes this is not the reality, in which case an Illinois construction site injury can result from the failure of a construction company to provide a safe and healthy work environment. Consider the case of Diaz v. Archer Daniels Midland Company, 07 L 142 (Ill., Macon County), in which a 26 year-old construction worker was fatally injured as a result of an Illinois construction site accident.

At the time of his Illinois construction site injury, Francisco Garcia was working for a contractor who had been hired to perform work at the Archer Daniels Midland (ADM) Bioproducts plant. Garcia was busy insulating pipes 15 feet in the air while harnessed to a scissors lift. While Garcia was working, a nearby waste compression system over-pressurized, spraying him with scalding steam, toxic chemicals and boiling water.

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February 22, 2010

Union League Club of Chicago's Civic & Arts Foundation Hosts 2010 Jazz Competition at Buddy Guy's Legends

The Union League Club of Chicago’s Civic & Arts Foundation hosted the 2010 jazz improvisation competition at Buddy Guy's Legends on February 17, 2010. From high school kids to semi-professionals beginning to make a splash on the Chicago jazz scene, the breadth of talent exhibited at Buddy Guy's Legends was incredible.

Music%20Jazz%201.jpgAt the competition, twelve performers ranging in age from 14 to 27 competed for a total of $17,000 in prize money. And although this was a competition for a cash prize, it was also a safe venue for emerging young musicians to showcase their unbelievable talents.

The competing performers were divided into three divisions according to their age. The first division included the 14 to 17 year-old musicians, second the 18 to 22 year-olds, and the last the 23 to 27 year-old musicians. One of the divisions' first place winners received a Grand Prize, while two other winners received People's Choice Awards that the live audience voted on by submitting ballots.

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February 19, 2010

Kane County, Illinois Nursing Home Resident Settles After a Below the Knee Leg Amputation

A recent Illinois nursing home negligence settlement highlights one of the biggest problems plaguing nursing home residents - inadequate skin care. Many nursing home residents are bedridden and require careful monitoring and stringent skin care plans in order to avoid developing skin ulcers, which if untreated can lead to infection or even death.

Hospital%20Bed%203.jpgThis case involved an Illinois nursing home resident at Provena Senior Services Nursing Home in Kane County, Illinois. In this Illinois nursing home abuse lawsuit, the nursing home resident was a diabetic patient, which left him even more at risk for potential skin breakdown if inadequate nursing care was provided. A diabetic patient is also more at risk for having a poor outcome if skin ulcers develop, which is also shown in this case where the skin ulcer worsened to the point that the nursing home resident required a below the knee amputation.

The Illinois nursing home negligence lawsuit alleged that the nursing staff had failed to maintain adequate skin care, which resulted in the development of a skin ulcer. However, the defendant nursing home denied that it had caused the skin ulcer to develop.

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February 17, 2010

Illinois Truck Driver Settles Rear End Crash

Oftentimes, when we think of life-changing truck accidents in Illinois, we think of rollovers or jack-knife accidents. However, a standard Illinois rear-end trucking accident can also lead to drastic changes to drivers' and passengers' lives. The case of the plaintiff truck driver in Shinaberry v. KA Bulk Transport d/b/a Klemm Tank Lines, et al., 06 C 5947, illustrates this point.

Speeding%20Truck%204.bmpIn Shinaberry, an out-of-state truck driver was struck by another truck in an Illinois rear-end trucking accident. The plaintiff was stopped at a red light when he was struck from behind by another Illinois truck. Following the accident plaintiff sustained some low back pain, which was initially diagnosed as a lumbar strain.

However, after the plaintiff's back pain continued he was referred for additional treatment. It was at this time that he was diagnosed with a lumbar disc bulge, lumbar stenosis, and S1 radiculopathy. At this point, the seemingly simple Illinois rear-end collision caused the plaintiff to undergo surgery to repair his injuries, including a spinal fusion. After the operation the plaintiff underwent some physical therapy to improve his mobility.

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February 15, 2010

Illinois Premise Liability Issues Reviewed: Appellate Court Reverses Lower Court Ruling Regarding Franchisor’s Duty

An Illinois McDonald's employee brought an Illinois premise liability lawsuit against the store franchise and McDonald's Corporation after she was attacked on the restaurant's premises. Her lawsuit, Lawson v. Schmitt Boulder Hill, Inc. and McDonald’s Corporation, No. 2-09-0026, explores the issue of what degree of duty a corporation owes to its franchisee's employees.

mcdonalds%201.jpgIn this case, Lawson, part-time McDonald's employee, was attacked as she was parking her car to the side of the restaurant's parking lot. In her complaint, Lawson alleged that before she could enter the restaurant that she was robbed, abducted, and assaulted. Lawson claimed that this attack and following injuries were the cause of the defendants', McDonald's Corporation and its franchise, negligence and the inadequate security provided.

The plaintiff alleged that McDonald's Corporation was liable for her injuries because it published standards for its franchises to maintain regarding parking lot lighting as well as other policies and procedures to ensure the security of employees and patrons. Furthermore, it was alleged that it is McDonald's policy to monitor and enforce its standards, which it does by regularly sending McDonald's security personnel to its restaurants to confirm franchises' compliance with the company's rules and regulations. Plaintiff used this information to show that McDonald's Corporation, and not just the individual franchise, had a duty to ensure her security while on McDonald's premises and the failure to do so was the basis for her Illinois premise liability claim.

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February 12, 2010

Illinois Motorcycle Accident Result of Drunk Driving: Leads to Liability On Behalf Of Driver and Liquor Store Under Illinois Dram Shop Act

In an Illinois motorcycle accident, a case involving a drunk driver shows how both the drunk driver and bar or liquor store are equally responsible for the ensuing actions.

Motorcycle%20Wheel%202.jpgAfter drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the Illinois motorcylce crash. She survived by her parents and three brothers. She was 19 at the time of her death and was working as a medical receptionist with plans to go to college.

According to the Illinois Department of Transportation, “Approximately three out of ten Americans will be involved in an alcohol-related Illinois traffic accident in their lifetime.” While it is generally assumed it is wholly the fault of the drunk driver for an accident that may occur, this is not the case.

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February 10, 2010

Illinois Truck Accident Disables Chicago Brick Layer - Settlement Reached

A Chicago area brick layer settled his Cook County personal injury case with a semi-truck driver after his vehicle was struck by the defendant. It was alleged that the Cook County trucking accident occurred when defendant improperly took a left turn in front of the plaintiff’s vehicle when the defendant truck driver’s vision was obscured by the weather conditions and the way the roadway curved.

Trucks%204.jpgThe plaintiff suffered an acetabular fracture in the Cook County truck accident. The acetabulum is the socket part of the pelvic bone that connects the femur to the rest of the pelvis.

Recovery of such an injury can be long and difficult. Patients are often required to keep weight off their hip for up to three months. Long-term effects are also not uncommon. Patients commonly suffer from hip arthritis, and even need hip replacements later in their lives.

The plaintiff is now disabled and unable to return to his usual work. The Chicago trucking accident case was settled on the plaintiff's behalf for $2 million.

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February 8, 2010

Chicago Law School Hosts Panel Discussion on Attorneys’ Stories About Guantanamo

Last week a group of Chicago law organizations presented a forum on the experiences of pro bono legal counsel working with the detainees at Guantanamo Bay, Cuba. The forum was organized and sponsored by the Chicago Lawyer Chapter of the American Constitution Society, the John Marshall Law School Student Chapter of ACS, the American Civil Liberty Union of Illinois and the Chicago Council of Lawyers.

Barbed%20Wire%201.jpgThe forum took its inspiration from a new book entitled The Guantanamo Lawyers: Inside of Prison Outside the Law, which features a collection of narratives from roughly 100 lawyers.

The authors of The Guantanamo Lawyers stated that as many as 86% of the detainees were “bought” prisoners. This refers to the exchange of cash that individuals received for bringing "battlefield prisoners" to the U.S., an option that was popularized by leaflets distributed in Afghanistan following the September 11, 2001 attacks. However, in reality many of these “battlefield prisoners” are in fact were individuals from all walks of life who were exchanged for cash under the false premise that they were enemy combatants.

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February 5, 2010

Toyota Recalls Reaches New High As Models Expand to Include Prius and Other Hybrids

Toyota recently announced another recall in the long line of Toyota recalls instituted since Toyota's September 2009 recalls. In the past year around 8 million Toyota vehicles have been recalled and now over 400,000 of their hybrid vehicles, including the high selling Prius, have been recalled.

Prius%201.jpgThe unusually large number of recalls due to potential product defects have caught the attention of the top safety officials at the U.S. Department of Transportation. Transportation Secretary Ray LaHood and other top auto safety officials have made requests for information from Toyota since November, but the manufacturer has yet to comply with the requests.

It has been suggested by a senior American Transportation official that executives at Toyota were "dragging things out" and that the U.S. officials have had it with the automaker's lack of corporation regarding its auto product defects. The official goes on to state that they "were getting excuses [from Toyota] that didn’t make sense anymore.”

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