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Chicago Personal Injury Lawyer Blawg

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U.S. Court of Appeals Rules For Parents of Disabled Woman, Letting Family Sue Chicago Police for Negligence – Paine v. Cason, et al.

A recent appellate court decision involving claims of violations by Chicago police officers has received a lot of media attention because of the severe nature of the resulting injuries suffered by the plaintiff. While the Chicago Police Department claimed that its officers had qualified immunity and could not be held…

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Illinois Appellate Court Allows Premises Liability Case to Proceed Under Safety Code – McCarthy v. R&M Holdings & Quality

The Illinois Appellate Court ruled on a premise liability claim involving a building owner’s duty to maintain clear sidewalks and driveways. At issue was whether or not the plaintiff’s amended complaint raised new issues of fact in Kristopher McCarthy v. R&M Holdings & Quality, No. 1-10-2778 (February 2, 2012). While…

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Appellate Court Publishes Opinion Regarding the Use of Tools to Modify Product Causing Injury – Perez v. JLG

Manufacturers have an obligation to make their products safe for regular use. However, how far does this obligation extend? Are manufacturers required to make it overly difficult for consumers to modify their products? A recent Illinois Appellate Court decision examines to what extent manufacturers are liable for after-market modifications made…

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Illinois Appellate Court Rules That Employer May Not Offset Worker’s Compensation Award with Credit – Patel v. Home Depot USA

While a personal injury claim is subject to a jury’s decision, Illinois workers’ compensation claims are decided by the Illinois Workers’ Compensation Commission. Rather than undergoing a jury trial, workers’ compensation cases undergo an arbitration process in which both parties present their case to the arbitrator, who then determines an…

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Photographic Evidence May Be Found Relevant Without Expert Testimony – Williamson v. Morales

A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…

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Internet Linking May Be Copyright Infringement – Flava Works, Inc. v. myVidster.com

Earlier this year, online communities banded together to help shut down the Stop Online Privacy Act (SOPA), which sought to increase the government’s ability to fight online sharing of copyrighted intellectual property. Internet companies like Google, Wikipedia, and Craigslist opposed the bill on the basis that it could hold them…

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CEO Binds Limited Liability Company to Loans – J. F. Brewing, Inc. v. PaulMark Land Acquisition

In business, when we deal with a company’s employee we assume that the employee is acting on behalf of his company. This assumption underlies the basis of most business agreements. However, in the commercial lawsuit of J.F. Brewing v. PaulMark Land Acquisition, the defendant company denied that it was responsible…

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Engineering Expert Excluded from Testifying Because He Did Not Perform Any Tests to Form His Opinions – Bielskis v. Louisville Ladder, Inc.

While not every civil lawsuit requires a party to hire an expert, there are some instances where an expert’s opinion and testimony are vital to the case’s outcome. For example, if a plaintiff is making medical malpractice claims against a doctor or hospital, he or she will likely hire a…

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