This is a case in which the U.S. Court of Appeals for the 7th Circuit in Chicago found that the defendant had contracted with an out-of-state buyer. The court found that the buyer performed all contractual obligations in his own state; however, the required sufficient minimum contacts were not found…
Liam O’Neill bought a 2000 GMC Jimmy SUV. On July 3, 2001, his wife, Mary, was driving home in the SUV when the vehicle suddenly stopped. She was in the eastbound lane of a 2-lane street. Mary attempted to restart the SUV several times but it would not start. She…
The mediation of cases involves opposing positions. A mediation session begins with a brief opening statement by the mediator laying out for the parties and lawyers that the process that is about to take place will remain confidential. The mediator in most settings will mention a few exceptions and explain confidentiality when…
Lawyers are often lured into the prospect of settlement by casually agreeing to sign off on mediation agreements proposed by either the mediator or the opposite counsel. The obvious purpose of mediation is to resolve disputes that would be costly with an unpredictable result. Settlements are good for both parties in that…
The Illinois Appellate Court has affirmed a decision made by a Cook County Circuit Court judge regarding a twice-filed injury case. Michael Fiorito and Joseph Bellocchio were involved in a traffic collision on Oct. 19, 2001. Fiorito was injured and hired a lawyer to sue Bellocchio. In August 2003, the attorney…
For as long as I have been practicing law, now 37 years, the question an expert must always be asked is whether his or her opinion is to a reasonable degree of certainty. Once that question is answered in the affirmative, the burden for the offering expert is whether the opinion…
Laura Turczak and Robert Lew purchased a house in 2007. They arranged a mortgage with Wells Fargo Bank for $391,250. They also took out a second mortgage with First American Bank for $73,335. In 2002, Lew and Turczak stopped paying the loans. Wells Fargo filed to foreclose its mortgage in June 2010.…
On Sept. 24, 2006, the car being driven by Keisha Geans, who was driving while under the influence of alcohol, crashed into a concrete barrier, overturned and collided with the Miranda family car. Marco Miranda, who was 12, was left permanently disabled after suffering a serious brain injury. Geans’ blood alcohol level…
In October 2007, John Walls suffered a work injury at I-Maxx Metalworks Inc. when “a stair stringer and/or perimeter cable protection failed.” Walls filed suit against I-Maxx, Turner Construction, Frontier Construction and against Waukegan Steel Sales. The lawsuit alleged that Waukegan Steel negligently chose not manage, operate and maintain the work…
In April 2009, the plaintiffs brought a lawsuit against James W. Hall, Cassandra McCord, JWH Management Inc. and JWH Family Partnership Ltd. Right after the lawsuit was brought, another group of plaintiffs filed a separate lawsuit naming some of the same defendants and then others. In the first litigation — the…