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JMF Law > IL (Page 5)

Railroad will pay $6 million to family of Chicago woman killed at University Park crossing

THE ASSOCIATED PRESS First Posted: March 14, 2012 - 4:02 am CHICAGO — The family of a woman killed at a University Park railroad crossing two years ago will receive $6 million to settle a wrongful death lawsuit.. Dance instructor Katie Ann Lunn of Chicago was killed in April 2010 when her vehicle was hit by a high-speed train at a crossing after she left a competition at Governor's State University. A lawsuit filed by the family against Illinois Central Railroad Co. claimed the crossing signals had been deactivated earlier that day for maintenance and never turned back on. The railroad admitted liability after...

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Stonewalling The Public

Dark clouds hanging over Sunshine Week cast a shadow on the First Amendment What’s worrying to journalists is, after years of sitting largely idle on the books, the Illinois eavesdropping law is starting to produce arrests. A Chicago woman was charged under the law after recording police officers whom she thought were preventing her from filing a sexual harassment complaint, and a Normal, Ill., man was charged with recording police during a traffic stop. A jury found in favor of the woman in the first case, and a prosecutor dropped the second, thinking the law in this case was worse than the violation. Link...

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The NFL and Dave Duerson’s brain

His family's lawsuit against the league looks potent. Plus, unraveling the Braun case. Originally Published: March 2, 2012 By Lester Munson It's always fun to watch a high-powered offense in action. That's true in football and it's true in legal disputes, especially in the view from our Courtside Seat. Two major offensives -- one by the family of an NFL concussion victim and the other by a young baseball superstar who surprised MLB authorities with some trick plays currently have our attention. We'll get to Ryan Braun's attack on the MLB drug testing system in a moment, but we start today with...

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Illinois judge: law barring recording police is unconstitutional

By Megan Geuss | Published about 19 hours ago In Cook County today Judge Stanley J. Sacks declared Illinois' eavesdropping law—which is one of the toughest in the nation—unconstitutional in his ruling in the case of Christopher Drew, who was charged with the felony crime in 2009. The eavesdropping law prohibits citizens from making audio or visual recordings of others without every recorded person's explicit consent. Sixty-year-old artist Drew audio-recorded his interaction with a police officer who was arresting him for selling art patches at the side of the road. A police officer found the tape recorder and Drew found himself with...

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Alaska Court Decision Could Open Door to Millions of Disability Claims, Nonprofit Says

The Alaska Supreme Court has decided a case that could open the door to disability claims from millions of wireless industry or maintenance workers who experience occupational exposures to operating antenna arrays, according to the nonprofit group EMR Policy Institute. In AT&T Alascom and Ward North America, Inc., v. John Orchitt; and The State of Alaska, Department of Labor and Workforce Development, Division of Workers’ Compensation, the state high court upheld the Alaska Workers’ Compensation Board decision awarding an AT&T equipment installer 100 percent disability due to his exposure to radiofrequency radiation (RF) at levels slightly above the FCC RF safety...

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Court OKs class action against Merrill Lynch

Court OKs class action against Merrill Lynch BY MICHAEL P. TREMOGLIE CHICAGO (Legal Newsline) -- African-American brokers employed by Merrill Lynch can pursue racial discrimination claims in a class action. The United States Court of Appeals for the Seventh Circuit, Chicago, on Feb. 24 reversed a District Court ruling, permitting the class action. The plaintiffs say there were two companywide policies that are alleged to cause racial bias. One was the authorization of brokers instead of managers to form and staff teams. The other was distributing the established accounts of brokers who left Merrill Lynch on the past success of the brokers who...

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Loop Tilted Kilt Sued for Sexual Harassment by 19 Women

Published : Friday, 10 Feb 2012, 12:46 PM CST Sun-Times Media Wire Chicago - Nineteen women have filed a federal lawsuit claiming they were sexually harassed and subjected to a raunchy and “humiliating” work environment at a Loop bar. The three-count suit filed in U.S. District Court on Wednesday claims the owners of Tilted Kilt Chicago at 17 N. Wabash Ave., as well as a manager, created a sexually hostile, offensive, humiliating and degrading work environment. That included such raunchy behavior as grabbing waitress’ breasts; putting ice down employees’ skirts; licking employees’ ears and trying to kiss the women, the suit claims. Loop Tilted...

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Paramedics’ alleged mistakes in girl’s death likely to cost taxpayers

BY FRAN SPIELMAN City Hall Reporter fspielman@suntimes.com February 14, 2012 1:02AM Chicago taxpayers will likely spend $1.75 million to compensate the family of a 13-year-old girl who died of bronchial asthma in 2002 after a string of alleged mistakes made by Chicago Fire Department paramedics. Arielle Starks died at Advocate Trinity Hospital after an ambulance carrying her to the hospital collided with a car at 87th and Langley. Another ambulance picked up Arielle and took her to the hospital where she was pronounced dead. At the time, the Chicago Fire Department insisted that Starks was “close to death” when paramedics arrived on the...

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Dave Duerson’s family sues NFL

CHICAGO -- The family of former Chicago Bears player has filed a wrongful death suit against the NFL over his suicide. The suit was filed Thursday in Chicago on behalf of Duerson's children. Duerson died on Feb. 17, 2011, of a self-inflicted gunshot wound to the chest. The lawsuit accuses the NFL of negligently causing the brain damage that led Duerson to take his own life at the age of 50 by not warning him of the negative effects of concussions. The lawsuit says Boston University experts have determined that Duerson was suffering from advanced brain damage when he died. The NFL said in...

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Nursing home sued over walk-away resident’s death

February 22, 2012 (BELLEVILLE, Ill.) -- The daughters of a 77-year-old man who was found dead last month partly submerged in a creek are suing the southwestern Illinois nursing home from which the man wandered. Terri Dancy and Linda Woods filed the negligence lawsuit Tuesday in St. Clair County against Midwest Rehabilitation and Respiratory Center of Belleville and its management company, Senior Healthcare Management. Authorities say Aubrey Giles suffered from dementia and heart disease and wandered away from the home two other times in the months leading up to his death. Link...

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Study: 15% of surgeons report alcohol use disorder

Nurse.com News Monday February 20, 2012 A relatively small proportion of surgeons who responded to an anonymous survey self-reported alcohol use disorders that are consistent with alcohol abuse or dependence, according to a report. Because alcohol abuse disorders can cause clinically significant impairment and distress in other aspects of life, researchers evaluated the prevalence of alcohol use disorders in surgeons and explored the relationship of these disorders to personal and professional characteristics, surgeon distress and self-reported events, such as malpractice lawsuits and medical errors. Michael R. Oreskovich, MD, of the American College of Surgeons in Chicago and the University of Washington, Seattle, and...

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Chicago man charged in fatal crash on I-290

By Madhu Krishnamurthy A Chicago man who rear-ended a state police squad car early Saturday, killing a 42-year-old West suburban man warming up inside and injuring the state trooper, has been charged with aggravated driving under the influence, a DuPage County state's attorney's office news release said. The driver of the gray 2010 Chevrolet Impala, Daniel C. Clark, 32, was traveling east in the left lane of I-290 and crashed his vehicle into the parked squad car shortly after 1 a.m. east of Mill Road in Addison, authorities said. The state trooper's car was parked with emergency lights flashing behind a disabled vehicle...

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Female Passengers Say They’re Targeted By TSA

DALLAS (CBSDFW.COM) - Women passengers complain that TSA agents are targeting them for extra screening. The Transportation Security Administration has a policy to randomly select people for extra screening, but some female passengers are complaining. They believe there is nothing “random” about the way they were picked. A Dallas woman says TSA agents repeatedly asked her to step back into a body scanning machine at DFW International Airport. “I feel like I was totally exposed,” said Ellen Terrell, who is a wife and mother. “They wanted a nice good look.” When Ellen Terrell and her husband, Charlie, flew out of DFW Airport several...

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Chicago Teachers Allege Discrimination

Chicago teachers allege discrimination: The Chicago Teachers Union has filed a complaint with the federal Equal Employment Opportunity Commission on Wednesday alleging that layoffs last summer targeted tenured African-American teachers, who represent a third of Chicago Public Schools teachers. Chicago Teachers Allege Discrimination...

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Menards ends discrimination claim for $1 million

Associated Press 4:55 a.m. CST, February 7, 2012 EAU CLAIRE, Wis.— The Menards home improvement chain has agreed to settle a race discrimination case for $1 million. A Chicago arbitrator recently approved the settlement which compensates hundreds of managers and assistant managers who say they were passed over for promotions because of their race. About 700 employees at Menards Midwestern stores can begin filing claims for their share of the settlement Feb. 23. The plaintiffs' attorney Jeffrey Taren tells the Eau Claire Leader-Telegram (http://bit.ly/yGtVYn ) that letters will be sent to employees affected by the settlement. Menards spokesman Jeff Abbott says the company has...

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City Settles Class Action Suit Over 2003 Iraq War Protest Arrests

[caption id="" align="alignnone" width="611" caption="An Iraq War protest from 2008. (Image Credit: John Sisson)"][/caption] Attorneys for the City of Chicago told federal judges they reached a settlement in the class action lawsuit brought by more than 800 people arrested after protesters took Lake Shore Drive in a 2003 march against the Iraq War. The Chicago Tribune reports those arrested, charged and detained will potentially receive up to $15,000 and people arrested but not charged would receive $8,750. People held on the street for over 90 minutes will receive $500. In total, the lawsuit will cost the city $6.2 million, not including...

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Fourth District vacates McLean County asbestos conspiracy verdicts; New hearings on whether Honeywell witness must testify

On the first day of trial in one of the cases, Honeywell lawyer Gary Zimmerman of Chicago told Circuit Judge Paul Lawrence that Charm "has unequivocally stated he will terminate his contract with Honeywell rather than be obligated to travel any significant distance to testify, including being obliged to travel to Illinois to testify." According to court documents, Charm had previously testified at 22 trials in Bloomington. On April 7, three days into the trial, Lawrence directed a verdict for plaintiff Vickie Hoogerwerf. The next day, jurors determined Honeywell owed Vickie Hoogerwerf $2.95 million for the wrongful death of husband John Hoogerwerf, $1.07...

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New Illinois law grants immunity for those reporting a drug overdose

Just before Justin Tokar died of a drug overdose last January in unincorporated Will County, his panicked friend texted people questioning what to do, rather than call 911. A new law signed by Gov. Pat Quinn Monday would allow people like him to call 911 and report an overdose without fear of facing criminal charges for drug possession. “If this (law) would have been in place, it would have been a pretty simple decision,” said Tokar's mother, Karen Hanneman of Naperville, who lobbied in favor of the legislation. “Now people can think, ‘I'm not going to be arrested and I can make...

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Did Hospital Settle Malpractice Case to Spite Its Chief of Surgery?

Hospital conspired to defame surgeon, says lawyer. Published: February 8, 2012 How bad was the rift between hospital officials at the University of Illinois at Chicago and its one-time chief of surgery? So bad that when the hospital heard that both it and colorectal surgeon Herand Abcarian, MD, were about to be sued for malpractice for the death of one of his patients, the hospital settled with the plaintiff's son for $950,000 - without letting Dr. Abcarian know. According to court documents, the university specifically instructed the plaintiff's attorney to individually sue Dr. Abcarian and not serve him. The hospital then reported...

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Doctors who err escape penalties

All Susan Zwaschka wanted was a light chemical peel to smooth and cleanse her face before a family vacation to Chicago. But minutes after Dr. Patrick Carney applied the solution, she winced in pain and pleaded with him to stop. Carney took several breaks but continued even after Zwaschka pushed his arm aside and sat up near tears. Days later, pain from the burns intensified. Open wounds on her swollen face oozed fluid and blood. Devastated by what she saw in the mirror, the 44-year-old attorney, who had often defended physicians in malpractice cases, sued Carney over the 2007 incident and urged...

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Judge’s ruling clears way for workers’ comp medical records release

A Cook County judge on Friday ruled that medical tests involving Menard Correctional Center guards who received disability settlements at taxpayers' expense must be turned over to the public. Circuit Judge Michael B. Hyman heard arguments from the three parties involved -- Central Management Services, the Illinois attorney general's office and the Belleville News-Democrat. As part of a newspaper investigation, the reporters investigated hundreds of workers' compensation cases since Jan. 1, 2008, filed by guards at Menard, who claimed they developed repetitive trauma by turning keys and operating cell locking mechanisms. The taxpayer-funded claims totaled more than $10 million, and many guards...

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Workers accuse Capital Grille of racial discrimination

Reuters 7:35 a.m. CST, January 31, 2012 A restaurant workers group said it will sue Darden Restaurants Inc. in federal court in Chicago on Tuesday, accusing the company's high-end Capital Grille steakhouse chain of racial discrimination and violations of state and federal labor laws. The action will pit Restaurant Opportunities Centers United, a vocal advocate on industry wages and working conditions, against one of the largest and most respected U.S. restaurant companies. The lawsuit will charge that white workers have lucrative "front-of-house" positions such as waiter or bartender, while many lower paying "back-of-the-house" jobs like washing dishes or preparing food are given to...

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The Obama Memos: The Verdict on Malpractice

Posted by Ryan Lizza Today, I’m posting a memo to the President that includes Barack Obama’s handwritten decision at the end of the document. The memo—one of several I obtained for a piece in this week’s New Yorker—was sent to Obama on July 1, 2009, and came back from the Oval Office the following day. The title of the memo is “Information on Medical Malpractice Reform Options,” and it was sent to Obama by two of his aides: Nancy-Ann DeParle, who was at the time running the White House Office of Health Reform and is now one of Obama’s deputy chiefs of...

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Man plunges from Loop office building

A 78-year-old attorney apparently leaped to his death this morning from his office building across the street from City Hall in the Loop, authorities said. The man, whose name was not immediately available, was dead on the scene this morning at 111 W. Washington St., according to a spokesman for the Cook County Medical Examiner’s office. A witness heard glass breaking and then saw the man jump out a window about 7:40 a.m., according to police, who said the attorney worked at the Washington Street address. Man plunges from Loop office building...

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Wrongful death lawsuit filed after fatal high-rise fire

Mother says her daughter's life would have been saved if building had sprinklers, proper elevators January 19, 2012 The mother of a woman who was killed in a North Lake Shore Drive high-rise fire this month has filed a wrongful death lawsuit against the owners and managers of the building. The lawsuit by JoAnn McCoy maintains that her daughter, Shantel, 32, would still be alive if the building had elevators that shut down during such a fire. Link...

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Taking aim at college sex crimes

New coalition works to get abuses reported By Tabitha Hurley and Ashley Huntington One out of 4 undergraduate women will be sexually assaulted before they graduate, according to a 2010 Rape Abuse & Incest National Network (RAINN) study. The study also found that 1 in every 6 American women will be sexually assaulted at some point during their lives. Few reports of sex crimes on college campuses show up in media reports, however, and even fewer are prosecuted by the law. Despite the high number of women who are sexually assaulted while in college, studies estimate that 60 percent of rape and sexual...

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Shipwreck Suit Filed In U.S.; Judge May Send It To Italy

In an apparent race to the courthouse, the first U.S. lawsuit has been filed based on the Jan. 13 disaster off the coast of Tuscany. Surprisingly, the named plaintiff is a crewmember, rather than a passenger, who is a resident of Lima, Peru, rather than of the United States. The case also seems oblivious to the substantial legal hurdles that lawyers around the world have been pondering for more than two weeks. The suit, filed Jan. 26 in the U.S. District Court for the Northern District of Illinois by Chicago personal injury lawyers Ribbeck Lawchartered, is a class action by Gary...

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Dante Autullo Shoots 3.5 Inch Nail Into His Head: Illinois Man Didn’t Notice Injury

A suburban Chicago man is recovering at a local hospital after accidentally shooting himself with a nail gun - and not noticing the 3 ½ inch nail lodged in his brain for more than 24 hours. Dante Autullo, 32, was working in his garage Tuesday when he fired a nail gun and one of the shots sent the gun near his head, the SouthtownStar reports. He thought he just had a gash from the gun, and didn't realize anything was wrong until the next day. The Associated Press reports that Autullo went to work the next day, but later went to the...

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Family of slain Beverly teen sues accused, family

The parents of a Chicago teenager who police said was killed after another Chicago teen punched him at an Indiana beach July 4 filed a wrongful death lawsuit Wednesday against the teen accused of throwing the punch, his sister and his mother. James Malecek, of Chicago, is charged in LaPorte County, Ind., with aggravated battery, involuntary manslaughter and battery in the death of Kevin Kennelly Jr., 17, who lived in the Beverly neighborhood on Chicago's South Side. Malecek has pleaded not guilty. Malecek, who was 19 at the time of the incident, is accused of punching Kennelly in the head at a...

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Corboy & Demetrio Secures $2 Million for Chicago Pedestrian Struck by Garbage Truck

CHICAGO, Jan 13, 2012 (BUSINESS WIRE) -- Corboy & Demetrio has secured a $2 million settlement on behalf of a Chicago woman who was hit by a garbage truck in the city's River North neighborhood. The truck was driven by Augustus Dortch, who along with his employer Lakeshore Waste Services, were defendants in the lawsuit. The settlement, secured the day the trial was set to begin, was approved by Cook County Circuit Court Judge Elizabeth Budzinski on Jan. 10, 2012. Corboy & Demetrio attorneys Philip Harnett Corboy, Jr. and Michelle M. Kohut negotiated the settlement on behalf of 31-year-old Sirinun Wechasethanon...

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