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U.S. Court of Appeals Rules that State-Law Claims Are Not Barred Based on Doctrine of Field Pre-emption in Wrongful Death Aircraft Case

David Sikkelee was killed when a Cessna aircraft he was piloting crashed after taking off from North Carolina’s Transylvania County Airport. The plane had a Lycoming engine. In the lawsuit, his wife, Jill Sikkelee, alleged that the aircraft lost power due to defects in the design of the engine and…

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U.S. Supreme Court Resolves Issue on Whether State Law Operated as Substantial Impairment of Contract

The contract clause of the United States Constitution restricts the power of states to disrupt contractual arrangements. It provides that “No state shall  pass any . . . law impairing the obligation of contracts.” U.S. Const., Art. I, ¶ 10, cl. 1. This was a case about life insurance proceeds.…

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Illinois Appellate Court Reverses Trial Court on Duty to Defend in Insurance Coverage for Worker

Blinderman Construction Co. was hired by the Public Building Commission of Chicago to be the general contractor for a construction project at an elementary school. Blinderman hired JM Polcurr Inc. as a subcontractor to do the electrical work on the project. Following the contract, Polcurr purchased an insurance policy that…

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Illinois Appellate Court Affirms Dismissal Where Another Injured Party Plaintiff Was Added After the Passing of the Statute of Limitations

The plaintiffs, Brittany N. Hage and Joann M. Blackmore, appealed the dismissal of their Count VI of Hage’s Fourth Amended Complaint, which added Blackmore as a party plaintiff in the Hage cause of action. The suit was filed against the defendant, Trisha L. Pannkuk. Because the allegations in Count VI…

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$14.06 Million Jury Verdict for Catastrophic Injury to Passenger in Single Car Crash

Matthew Martin, 19, was riding in the back seat of a Mini Cooper driven by his friend, Raymond Consul.  As they drove a winding road, Consul chose not to properly negotiate a curve.  He lost control of his car, which traveled off the roadway and hit a concrete barrier. Martin…

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U.S. District Court Enters Settlement Against Dietary Supplement Companies Ending Unapproved Drug Sales

The U.S. Attorney’s Office for the Northern District of Illinois in Chicago filed a complaint against Global Marketing Enterprises Inc., Lifeline Nutrients Corp. and Pronto Foods alleging that they violated the federal Food, Drug and Cosmetic Act. This act regulates the production and sale of drugs and dietary supplements, including…

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U.S. District Court Dismisses Breach of Contract, Finding Noncompete Clause Improper

Daniel Dumrauf was a director with Medix Staffing Solutions Inc., a Chicago-based staffing agency. Dumrauf, who worked at Medix’s Scottsdale, AZ, office, had an employment agreement containing a noncompete clause that restricted him from any affiliation “with the ownership, management, operation or control” of any business in competition with Medix…

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State Supreme Court Affirms Dismissal on Summary Judgment for the Injuries Sustained on Property Owned by Defendant

Skylar Dimick was injured when he fell into a septic tank on the property owned by the defendant Scott Hopkinson. Dimick and his wife filed a negligence lawsuit against Hopkinson and his businesses, family trust and his wife, Chris Hopkinson. In addition to the negligence count, the Dimick lawsuit also…

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Illinois Appellate Court Affirmed the Dismissal of Counterclaim in Injury Lawsuit Finding No Private Right of Action Existed Making Counterclaim Moot

Plaintiff Mary Carmichael was injured in a car accident while she was riding in a six-passenger van owned and operated by Professional Transportation Inc. (PTI). The vehicle was being driven by Dwayne Bell. The van was used to shuttle Union Pacific employees between job sites. Carmichael sued PTI, Dwayne Bell and…

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$26 Million Settlement for Devastating Injuries Suffered in Intersection Truck Crash

Jonathan Cunningham, a foreman for Troy Construction, was operating a pickup truck on his way to a job site. He drove through a red light and into an intersection at 36 mph striking the pickup truck driven by Jose Lara Sanchez. The crash caused Sanchez’s truck to strike a light…

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