HITECH Act: Does it apply to your law practice?
Lawyers take note: on February 17, 2010, the HITECH Act (“Health Information Technology for Economic and Clinical Health Act”) went into effect. This act extends HIPAA confidentiality, monitoring and compliance tracking requirements to certain classes of businesses (“Business Associates” as defined by the Act) that receive personal health information from, among others, doctors, hospitals and […]
Illinois court considers the applicability of the “logo liability doctrine”
U.S. Bank v. Lindsey, 920 N.E.2d 515 (2009), is an unusual case recently handed down by the Illinois First Appellate District. In this case, the Estate of a truck unloader killed when a truck backed into him brought negligence action against truck driver and the truck leasing company. The theory of liability against the truck […]
SCOTUS hears arguments in McDonald v. City of Chicago
McDonald v. City of Chicago (08-1521) is a highly publicized United States Supreme Court case that many guns rights activists are watching carefully. This case has generated an enormous amount of attention from both sides of the issue and, as a result, over 50 amicus briefs have been filed with the Court. At issue in […]
Traumatic Brain Injuries: Are They Ever “Mild”?
Traumatic brain injuries have been in the news a lot lately, as more is learned about the long term effects of these injuries on professional athletes or anyone injured as a result of a blow to the head. As reported in this LA Times article, the NFL is now focusing on preventing brain injuries from […]
Is a golfer liable for an errant golf ball that injures another?
So, is a golfer liable for injuries to an adjacent homeowner resulting from an errant gold ball? In Illinois, the answer may be “yes”, whereas in New York and California, the answer may be “no.” Both California and New York have passed laws stating that those who purchase homes adjacent to a golf course assume […]
Personal Injury and Workers’ Compensation Round Up
Here’s what other personal injury and worker’s compensation bloggers, and more, have been talking about over the past few weeks: Southwest Airlines Feels the Wrath of Twitter (And Kevin Smith) (bNet.com) EEOC Socked with $ 4.5 Million Attorneys Fees Award (Workplace Prof Blog) Some Fosamax Users Have Had Their Femur Fracture Without Any Fall Or […]
Much Needed Food Regulations May be on the Way
Recalls of tainted food seem to be an ever increasing phenomenon. In January there was a massive recall of ground beef products. As reported in USA Today, a California meat-packing company recalled 864,000 pounds of beef due to fears it had been contaminated with E. coli. In another case, as reported by ABC News, there […]
Chicagoans Should Receive Photographic Evidence of Parking Violations
In December of 2008, the Chicago City Council approved Mayor Daley‘s plan to lease the City’s parking meter plan to a private company for 75 years. This was done in an attempt to increase revenue and pay down the City’s budget deficit. As a result of this plan, some areas of the City saw their […]
The Toyota Recalls: the Massive Legal Fallout
Many plaintiffs lawyers are predicting that the Toyota products liability recalls will result in complex federal lawsuits thechicago-injury-lawyer.comrivaling the tobacco litigation, as explained in this ABA Journal blog post. In Ohio, a class action against Toyota was recently filed alleging fraud and negligence arising from the recall related to the defective gas pedals. As explained […]
Illinois Supreme Court Issues Important Workers’ Compensation Decision
On January 22, 2010, the Illinois Supreme Court handed down an important decision in the Workers’ Compensation arena. At issue in Interstate Scaffolding Inc. v. the Illinois Workers’ Compensation Commision, et al was whether the employer must continue to pay Total Temporary Disability (TTD) benefits resulting from a work-related injury, when a worker is terminated, […]