At the beginning of January 2015, the Law Division of the Circuit Court of Cook County, Ill., will begin its new mandatory arbitration program for certain cases. The program is targeted for cases that have value of less than $75,000. In order to file and hear a case in Law…
Chicago Injury Lawyer Blog
How the Management of Corporations is Lodged with the Board of Directors
Illinois corporations are governed by the Illinois Corporation Act (805 ILCS 5/1, et seq.) and by the company’s bylaws. In general, the governing principle of the management and control of the corporation is vested in the board of directors, which has a high duty of loyalty to the shareholders of…
$67,000 Illinois Jury Verdict in Semi-Tractor Truck Crash
On Sept. 10, 2007, Paul Ermel was driving a semi-tractor northbound on Route 47 in Sugar Grove, Ill., when the defendant, Zachary McVeigh, who was approaching in his car from the southbound, attempted a left turn. He was trying to turn on at Waubansee Drive, which is the entry for…
New Rules of Evidence Are Needed For Authenticating Digital Evidence
All evidence is required to meet the foundation requirement of admissibility, which would include relevancy, the best evidence rule and hearsay. Under the law, the courts require authentication because before a tangible object or writing can be admitted into evidence, it must be shown that it is in fact what…
Shareholder in Corporation Loses Employee Standing in Lawsuit for Disability Discrimination Under the ADA
Dr. Linda Bluestein was a shareholder in Central Wisconsin Anesthesiology S.C. and a member of its board of directors. After losing the vote that terminated her employment contract, Bluestein filed a lawsuit against the corporation for allegedly violating three statutes that protect “employees.” Those statutes were the Americans with Disabilities…
Bicycle Struck in Hit and Run Ends with Judgment of $514,000 for Devastating Injuries
On Nov. 13, 2012, Kevin York was riding his bicycle near the exit of Busse Wood Forest Preserve in the northwest suburbs of Cook County, Ill., when he was struck by a motor vehicle driven by defendant Kenneth Heffern. Heffern, a 76-year-old retiree, left the scene after the incident. York,…
U.S. Court of Appeals Bars Injured Railroad Workers’ Medical Expert at Trial
Shannon Brown sued the Burlington Northern Santa Fe Railway Co. under the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq. Brown started as a laborer and worked his way to foreman, track inspector and machine operator by 2009. In 2007, he was diagnosed with carpal tunnel syndrome in…
Solving Health-Care Liens Remains in Question after Illinois Appellate Court Decision; Appellate Districts are in Conflict
In a recent Illinois Appellate Court case, the issue was whether to deduct attorney fees and litigation expenses from the personal-injury settlement amount or judgment before calculating the 40 percent maximum that hospitals and doctors are entitled to receive as their share of lawsuit proceeds under Illinois’ Health Care Services…
Lawsuits Mount Against Chemical Company in West Virginia that Left 300,000 People without Drinking Water
On Jan. 9, 2014, a tank at Freedom Industries in Charleston, W.Va., leaked coal-cleaning chemicals into the Elk River about a mile and a half upstream from a water treatment plant. Tap water in the area began to smell like licorice. The water also had a blue-green color. Drinking the…
Appeals Court Finds that Business Had No Actual or Constructive Notice of a Puddle before a Fall Injury
The U.S. Court of Appeals in Chicago has affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit against a Wal-Mart store for injuries suffered by Kristen Zuppardi. She went to the Wal-Mart store in Champaign, Ill., with her brother and her son…