Judge Ronald Whyte reached a decision in the Northern District of California wherein he upheld Major League Baseball’s (MLB) exemption holding that the power to relocate a baseball team franchise is within the business of baseball and that the business of baseball remains exempt from federal antitrust laws. The lawsuit brought…
Chicago Injury Lawyer Blog
New Regulations for Truck Driver Hours of Service
Many truck accidents are caused by truck driver fatigue. There are new federal restrictions on the number of hours a driver can be in service under the Federal Motor Carrier Safety Administration (FMCSA), which created the hours-of-service rules. Under these new rules, a driver is limited with respect to how long he…
Where Court Decides Several Counts of Complaint But Not All Counts, The Time Period for Filing an Appeal on the Decided Counts Begin
Anthony Williams filed a lawsuit against BNSF Railway Co. under the Federal Employers Liability Act (FELA) (45 U.S.C. §51) (2006) claiming an employment-related injury. BNSF filed a third-party complaint for contribution and contractual indemnification against third-party defendant Quality Terminal Services (QTS). At the jury trial, a verdict in favor of Williams was…
US Court of Appeals Reverses Jury Verdict Over the Use of Demonstrative Evidence in the Jury Room
John Baugh sustained a severe brain injury when the Cuprum ladder that he was using to clean his gutters buckled and collapsed. Baugh’s wife Sharon filed a lawsuit on his behalf against Cuprum S.A.de C.V. claiming that the defective design and the manufacturer’s negligence was the cause of her husband’s injuries. …
Illinois Court Chooses Not to Widen Traveling Employee Theory in Death Case
The Illinois Appellate Court has affirmed a partial summary judgment order for a defendant in a head-on crash and death case. This case arose out of a collision in which the car driven by Jeffrey Pister was struck head-on by an employee of the defendant, Matrix Service Industrial Contractors. At…
Illinois Appellate Court Finds Trust Dispute Can Remain in Cook County Court
In an Illinois Appellate Court decision, it was found that a trust’s beneficiaries had sufficient minimum contact with the state simply through their ownership interest of a trust administered by an Illinois resident. In May 2012, a Cook County associate court judge dismissed the trust dispute case for lack of…
Illinois Appellate Court Agrees with Dismissal of Appeal in Injury Case
On Aug. 31, 2009, the plaintiff, Juan Zamora, filed a lawsuit alleging negligence against the defendants for injuries he suffered. A lawsuit was filed against defendants Cheri and Paul Payne. On March 24, 2010, that lawsuit was dismissed because it was barred by the exclusivity provisions of the Illinois Workers’ Compensation…
Illinois Appellate Court Affirms Good Faith Settlement of Third Party
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…
Baseball Decision In Post-Season-State Supreme Court to Decide Whether Fans Can Sue When Hurt by Something Other Than On-Field Action
The Missouri Supreme Court is considering whether the “baseball rule” applies to an eye injury caused accidentally by the Kansas City Royals’ mascot Sluggerrr, who flung a foil-wrapped hot dog that struck the left eye of John Coomer. Although this seemingly harmless act would ordinarily be of no consequence, the foiled…
T-Bone Crash Leads to $33,000 Jury Verdict in Right of Way Case
On Aug. 29, 2010, Rachel Deglman was driving eastbound on Wellington Avenue when southbound defendant Brittney Gurrola, 18, did not stop at the stop sign at Natchez Avenue in Chicago. Gurrola’s car entered the intersection and crashed into Deglman’s vehicle. There was no stop sign for oncoming traffic on Wellington…