A suit was filed against Phillip Morris claiming its practice of labeling cigarettes as “Light” qualified as consumer fraud. The Appellate Court denied Phillip Morris’s argument that it was immune from such lawsuits under federal law so the company is appealing to the U.S. Supreme Court. The plaintiffs in Altria…
Every fall my now 93 year-old mom calls and reminds me that with the Chicago winter on its way, it is imperative that I get my annual flu shot. Being an obedient son, I comply by hustling over to the nearest clinic to get that shot. And of course, my…
Chicago’s 7th Circuit Court of Appeals reversed a ruling that had dismissed a prisoner’s medical malpractice claim against his prison. Inmate Diego Gil brought a suit against the Federal Correctional Institution of Oxford, Wisconsin, claiming negligence and medical malpractice under the Federal Torts Claim Act, along with a violation of…
A California Appellate Court supported a trial court’s ruling that the Medical Device Amendments (MDA), Title 21 USC §360k(a), preempts any state law imposing safety requirements on manufacturers of a medical device. So even though the medical device did not pass all of the state’s safety requirements, in Blanco v.…
A Cook County jury verdict was entered in favor of the University of Chicago Hospitals in a 2005 trial and was upheld on appeal to the Illinois Appellate Court (Kashief Weathers et al. v. University of Chicago Hospitals, et al., No. 1-061726). In the case, several doctors were accused of…
When Misty Green was in kindergarten she was sexually molested by her Illinois school bus driver. The bus driver has since been convicted of child abuse and sent to prison. But now an adult Green seeks compensation from her Illinois school district based on its liability in the abuse (Green…
Illinois Appellate Court ruled that Illinois Insurance Guaranty Fund (IIGF) is responsible for paying Illinois workers’ compensation benefits to a worker who was injured on the job (Virginia Surety Co. v. Adjustable Forms, Inc.). This ruling came in spite of IIGF’s claims that the Chicago worker was also covered under…
The United States Supreme Court is expected to hear the case of Wyeth v. Levine this November which could have far reaching implications as to pharmaceutical litigation cases against drug companies, including those in Illinois and the Chicago area. The legal advice comes from top doctors and editors of the…
A Kane County, Illinois trial court’s decision was reversed in a property damage case involving a car and two horses in what could be described as a two-horse crash. The issue in the case turned out not to be the horses, but the property damage to the car. State Farm…
Chicago area Metra worker Leonard Brzinski was denied recovery for injuries he suffered after falling into a sinkhole while working. Under the Federal Employers’ Liability Act (FELA), a train company employee can bring suit for injuries suffered on the job due to the employer’s negligence. Brzinski arrived at work in…