The Illinois Supreme Court reversed a $27 million jury verdict award and ordered a new trial after applying the risk-utility test of Illinois product design liability in favor of the defendant. This is a new application of the risk-utility test, which typically falls in favor of the plaintiff. Illinois’ strict…
Illinois remains one of only three states that does not have a motorcycle helmet law; Iowa and New Hampshire are the other two states. The rest of the US states currently have some sort of motorcycle helmet law in place. Yet the degree of these laws vary from state to…
Since early 2006, drug and medical device companies have been on an unprecedented roll as pre-emption clauses become more and more prevalent. Despite recent controversies over prescription drugs like Vioxx and Celebrex, drug companies continue to successfully utilize Federal Drug Administration (FDA) policies to shield drug companies from civil lawsuits…
On Thanksgiving morning, Chicago attorney Bob Kreisman volunteered at the St. Louis Harbor Lights Salvation Army with family members from both St. Louis and Chicago. This is an annual event for the Kreisman family, who serve as waiters for those who come to enjoy the feast. A total of 60…
On Thursday, November 13, 2008, the Illinois Supreme Court heard oral arguments from attorneys representing the various parties in the case of Lebron v. Gottlieb Memorial Hospital Nos. 105741 and 105745. The main issue of contention was whether or not there should be caps on non-economic damages in Illinois medical…
This past Saturday the Magnificent Mile Lights Festival marked the beginning of the holiday season in Chicago. Like any good Chicago festival there was food, entertainment, fireworks, shopping, and of course the lighting of the trees along Michigan Avenue. Thousands of locals and visitors came out to participate and get…
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle fatalities have risen 127% since 1997 and now account for 11% of all motor vehicle deaths annually. In 2006 alone about 88,000 riders were injured. Speculation about the increase in motorcycle injuries in Illinois and the rest of the county…
The Illinois Supreme Court recently affirmed a ruling by the Illinois Appellate Court in favor John Van Cleve, a Maxit employee, who was injured while working. Maxit, Inc. v. John Van Cleve, et al., No. 105532. Van Cleve was driving during his working hours when he was injured in car…
Typically Illinois courts reward and protect an injured party. For example, if one party is negligent because they ran into a stopped car at a red light, then the injured driver would normally prevail at trial. But this is not the case when the negligent driver was part of an…
In Illinois and most other states when an automobile owner permits another person drive their car then the driver’s negligence can be assigned to the vehicle’s owner. For example, consider a Missouri case of Sam and his aunt Sandra [Back v. Winfield-Fire Protection Dist., No. SC 89001 (Mo. banc 2008)].…