One of the many things personal injury attorneys do is fight to protect the helpless, defenseless members of our society, including children. When large manufacturers ignore their duty to exercise reasonable care in the production and distribution of products geared toward children, personal injury and class action attorneys step in and force them to compensate […]

In a recent case, one issue considered by Second District Appellate Court of Illinois in Balma v. Henry, No. 2-09-1301, was whether the Dead-Man’s Act (the Act) can be used to prevent statements in discovery depositions from being admitted in summary judgment proceedings and/or at trial. Balma involved a car accident which resulted in a […]

In March we discussed the pending United States Supreme Court case, Bruesewitz v. Wyeth, No. 09-152, a case in which the parents of a child who suffered injuries after receiving her 6-month DPT vaccine are seeking to overturn the current administrative processes established for lawsuits of this type. Earlier this month, the Supreme Court heard oral […]

A former Illinois State Trooper, Matt Mitchell, recently filed for workers’ compensation benefits stemming from injuries sustained when he caused a car accident while on duty as a state trooper 2 years ago. As explained in this AOL News article, the car accident occurred when he was responding to an emergency call. He was talking […]

The First District Appellate Court of Illinois recently addressed the liability of a property owner for negligently maintaining its premises in Morrissey v. Arlington Park Racecourse LLC, No. 1-09-3460 (2010). In Morrissey, the plaintiff was injured when the horse he was riding slipped and fell. The plaintiff filed a personal injury lawsuit, alleging that the […]

In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 […]

It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses or parties to a lawsuit publicly post about their activities and whereabouts, the information can be used to dispute claims of injury […]

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: “Philadelphia Eagles Under Fire after Players Sustain Concussions” – Brain Injury Lawyer blog “Workers’ Comp in Washington State – I-1082 Will Raise Costs and Reduce Benefits” – The Pop Tort “The Corruption Of Medical Research By Industry […]

The problem of concussions in athletes is an issue that has been receiving lots of press lately, in large part due to the new found understanding of the seriousness of these types of head injuries. In the past, concussions were believed to be mild injuries, requiring little if any follow up attention. However, as we’ve […]

Generally speaking, in Illinois, lawsuits may not arise from the sale or gifting of alcoholic beverages, since the Dram Shop Act (S.H.A. 235 ILCS 5/6-21) preempts all alcohol-related liability claims. However, where the claim is based on legal theories independent from the defendant’s provision of alcohol, the Dram Shop Act does not preempt the lawsuit. […]