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Chicago Injury Lawyer Blog

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Warranty Deed Was Found Invalid Because Guardianship Was Never Canceled

Jose Adame paid $145,000 for a house that was being sold by joint tenants, Arnold and Arthur Lynch. There was a problem with the warranty deed that Arnold signed in June 2005. In 2002, Arnold was in a coma following a car accident. The judge appointed James Brya as plenary…

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Voter Restrictions Are Preventing Registered Voters from Casting Ballots

There’s a big difference in requiring a photo ID to board an airplane and the right to vote.  Voting in America is a precious right; eligibility is established in the United States Constitution, its amendments, by state laws and by various acts of Congress. Because the Constitution does not have…

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Confidential Settlement for $375,000 for Motorcycle Rider Severely Injured by Illegal U-Turning Motorist

A motorcyclist was riding behind a car driven by the defendant who was a car dealership employee. The defendant driver suddenly made a U-turn, causing the motorcyclist to catapult over the car’s hood. The plaintiff motorcyclist suffered multiple fractures, including a wrist fracture that required surgery. The medical expenses for…

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U.S. Supreme Court Voted 6-3 to Extend an Earlier Ruling that Struck Down Automatic Life Terms With No Chance of Parole for Teenage Killers

About 1,000 prison inmates, some of whom have been in prison for more than 50 years for murders they committed as teenagers, may get a chance to be free. The U.S. Supreme Court ruled in favor of Henry Montgomery, who has been in prison for more than 50 years for…

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Chain-Reaction Collision Caused by Trucker Results in $17.4 Million Jury Verdict

Russell Sheaffer was a graduate film student at Indiana University. He was in California making a documentary and was driving in moderate stop-and-go traffic on a freeway. As he was stopped in the line of traffic, Thomas Mose, driving a tanker truck for NuCO2, rear-ended a vehicle two cars behind…

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Illinois Appellate Court Confirms the Requirement of Proof of Physical Impact in Direct Victim Emotional Distress Cases

In a divided opinion, Illinois law on negligence still requires proof of physical impact in “direct victim” emotional distress cases. There was a strong dissent written by Justice Sheldon A. Harris. In this case, Melinda Schweihs lost her mortgage foreclosure case and was packing to move out of her Northbrook…

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The Illinois Juvenile Court Act Requires That a Minor Who Is Younger than 13 At the Time of the Commission of a Murder or Serious Sexual Assault Must Be Represented by Counsel During Interrogations

Under the Illinois Juvenile Court Act, a minor who is under 13 at the time of the commission of a serious crime must be represented by counsel during the entire custodial interrogation. 705 ILCS 405/5-170(a). When the minor under 13 is in custody, Miranda warnings are not necessary. The law…

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$21.5 Million Jury Verdict is Thrown Out Because of Questions About Truthfulness and New Evidence

A federal judge in Seattle threw out a $21.5 million jury verdict that was entered in favor of an Illinois man who claimed he was injured during an around-the-world cruise in 2011. The jury’s verdict was thrown out when the individual’s former assistant came forward to say that he had…

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U.S. Court of Appeals Reverses Judge’s Refusal to Allow Law Firm in Personal Injury of a Minor to Receive One-Third of the Gross Settlement

The law firm of Williams, Bax & Saltzman P.C. represented Cole Goesel and his parents in a personal injury lawsuit that settled before trial. Because Cole was a minor, the law firm needed judicial approval to finalize the settlement. The parties’ contingent-fee agreement entitled the law firm to one-third of…

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Spoliation of Evidence Claim Against Insurance Company in Related Product-Liability and Personal-Injury Action is Dismissed and Affirmed on Appeal

The Illinois Appellate Court has affirmed the dismissal of a 42-count fourth amended complaint for damages arising from an automobile accident in December 2009. The case involved injuries to the wife and son of Nicholas Skridla — Margaret and Maxamillian. The appeal pertains only to the claim of spoliation of…

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