Posts tagged as:

Illinois

Torts roundup

by Walter Olson on March 6, 2013

  • Despite sparseness of evidence, lawyers hope to pin liability on hotel for double murder of guests [Tennessean]
  • Celebrated repeat litigant Patricia Alice McColm sentenced after felony conviction for filing false documents in Trinity County, Calif. [Trinity Journal, more, Justia, earlier] Idaho woman challenges vexatious-litigant statute [KBOI]
  • “2 Florida Moms Sentenced for Staged Accident Insurance Fraud” [Insurance Journal, earlier]
  • With Arkansas high court intent on striking down liability changes, advocates consider going the constitutional amendment route [TortsProf] Fifth Circuit upholds Mississippi damages caps [PoL]
  • What states have been doing lately on litigation reform [Andrew Cook, Fed Soc] Illinois lawmakers’ proposals [Madison-St. Clair Record] Head of Florida Chamber argues for state legal changes [Tampa Tribune]
  • Crowd of defendants: “Ky. couple names 124 defendants in asbestos suit” [WV Record]
  • A bad habit of Louisiana courts: “permitting huge recoveries without proof of injury” [Eric Alexander, Drug and Device Law]

Politics roundup

by Walter Olson on February 15, 2013

  • Cuomo appointee Jenny Rivera, lawprof on “social justice” beat, likely to pull NY’s highest court leftward [Reuters; Kerr, with additional comments-section background on chief judge Jonathan Lippman] Notable plaintiff’s litigator Brad Seligman (Wal-Mart v. Dukes, etc.) elevated to bench by Gov. Jerry Brown [San Leandro Patch]
  • With Jeffrey Toobin assuring us that voter fraud is “essentially nonexistent,” tales like this from Cincinnati must not be real [John Fund, NRO]
  • Time for Republicans to get serious about an urban-policy pitch [Ed Glaeser, City Journal] “As the GOP looks for issues it can win on, how about lowering the drinking age?” [Instapundit]
  • Boldly smiting straw man, NYT says young people see government as possible “constructive force” [Ira Stoll, SmarterTimes]
  • Politics by other means: “From Statehouse to courtroom: Many Illinois issues being decided by judges” [Kurt Erickson, Bloomington Pantagraph]
  • Florida attorney John Morgan, of personal injury fame, became an inauguration bigwig the old-fashioned way [Orlando Sentinel, earlier here, here, here, here, etc., etc.]
  • Granholm at front of “not so bad when our guy Obama does it” parade [Damon Root]

Torts roundup

by Walter Olson on February 13, 2013

  • Officials: “36% of car-insure claims bogus” in NYC [NY Post]
  • Unseen but looks promising: “Cultures of Tort Law in Europe” [Journal of European Tort Law via TortsProf]
  • “The Limits of Texting Accident Lawsuits” [Ronald Miller]
  • Lawmakers wonder whether there’s some way around Missouri Supreme Court’s “no med-mal reform on our watch” attitude [Kansas City Star]
  • Trial lawyers unhappy as Michigan high court toughens standards on slip-fall suits [AP/Detroit News]
  • Fast track: Illinois legislature moves to increase fees lawyers can recover in med-mal cases [Madison-St. Clair Record]
  • New Jersey municipalities have stake in litigation reform [NJLRA]

According to the retailers group [Illinois Retail Merchants Association], Mr. [Stephen] Diamond’s Chicago law firm, Schad Diamond & Shedden P.C., has filed no fewer than 238 lawsuits in recent years against retailers small and large, which in its view failed to collect said shipping-and-handling sales taxes. Since the suits have been filed under a “whistle-blower” section of law, the firm is entitled to as much as 30 percent of any recovered taxes as well as attorneys’ fees for its trouble. And because it’s often easier and cheaper for defendants to settle rather than continue to fight, Schad Diamond reportedly has pocketed millions of dollars.

The office of Illinois Attorney General Lisa Madigan says the whistleblower provisions were intended for use by insiders disclosing misconduct rather than by outsiders, while “Illinois Revenue Director Brian Hamer says [the wave of suits] ‘has given Illinois a black eye’ and victimizes those who have made only an ‘inadvertent’ mistake.” [Greg Hinz, Crain's Chicago Business]

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Law schools roundup

by Walter Olson on November 28, 2012

  • Conservative-turned-away case: “Jurors say they saw hiring bias at U. of Iowa” [Des Moines Register, Caron, Adler/Volokh] Wagner will seek retrial [Daily Iowan]
  • David Lat on the GMU Law conference on law school and lawyer markets [Above the Law, earlier]
  • ABA accreditors defend, but tinker with, standards for minimum law school libraries [Caron]
  • “Comparative notes on German legal education” [Darryl Brown, Prawfs]
  • Spinoff of Miller-Jenkins case: Janet Jenkins sues Liberty U. School of Law charging assistance to custody-nappers, dean calls suit frivolous [ABA Journal]
  • “Law Schools Now 5-0 in Placement Data Fraud Lawsuits by Alums” [Caron] Charles E. Rounds, Jr. reviews Brian Tamanaha book [Pope Center]
  • Does Peoria, Ill. need a new law school? Surely you jest [Campos]

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Public employment roundup

by Walter Olson on November 5, 2012

“Saying that a moving train presents an obvious danger, the Illinois Supreme Court on Thursday overturned a $3.9 million jury award against a trio of railroad companies.” A 12-year-old had “tried to impress his friends by jumping onto a moving train in Chicago Ridge” and was badly injured. [Madison County Record]

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Illinois: “If you are a state employee and your feet hurt, you could be in line to receive medical care, including surgery, paid time off plus a tax-free disability settlement that might exceed your annual salary — all paid for by taxpayers. You also would keep your job.” Arbitration awards for trauma inflicted by “repetitive walking” and other seemingly common workplace stresses have caused enough concern that state attorney general Lisa Madigan has called for tightening up causation standards. [Belleville News-Democrat]

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  • On party-line vote, Sacramento Dems turn down bill to curb ADA access shakedown suits [ATRF, KABC, Sacramento Bee (auto-plays video ad)]
  • Illinois sues local schools for not developing standards for disabled athletic competition [Chicago Tribune]
  • Open secret: criminals exploit federally mandated IP Relay disabled-phone system [Henderson]
  • Judge certifies nationwide ADA accessibility suit against Hollister over stepped entrances to its stores [Law Week Colorado via Disability Law]
  • In settlement, AMC movie chain agrees to install captioning, audio-description at Illinois theaters [ABC Chicago]
  • “Has the Expanded Definition of Disability under the ADAA Gone Too Far?” [Russell Cawyer]
  • “Fake handicaps a growing problem for disabled sports” [Der Spiegel]


Because of a mounted dashboard camera, you can watch the footage of a Quincy, Ill. municipal transit bus on its seemingly uneventful ride until an oncoming car suddenly loses control and swerves directly into its path. [KHQA] If you do watch the footage, released by the plaintiff’s lawyer, see whether you would have predicted that the legal outcome of the crash would turn out to be “city pays $4 million to passenger in car that lost control.” (& welcome Reddit readers).

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I’m quoted by Scott Reeder on the regulatory obstacles a Bloomington, Ill. woman faces in trying to start a taxi business. [Reason]

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March 5 roundup

by Walter Olson on March 5, 2012

  • Trial lawyer TV: mistranslation, plaintiff’s experts were instrumental in “Anderson Cooper 360″ CNN story trying to keep sudden-acceleration theory alive [Corp Counsel, Toyota, PDF, background]
  • “Can I get a form to file a police complaint?” No. No, you can’t [Balko]
  • Madison County lawyer runs for judgeship [MCRecord; earlier on her columnist-suing past]
  • RIP Dan Popeo, founder and head of Washington Legal Foundation [Mark Tapscott, Examiner]
  • Louisiana: “Church Ordered to Stop Giving Away Free Water” [Todd Starnes, Fox via Amy Alkon]
  • Developer of “Joustin’ Beaver” game files for declaratory judgment against singer Justin Bieber’s trademark, publicity claims [THR, Esq.]
  • “Why are Indian reservations so poor?” [John Koppisch, Forbes] “Payday loans head to the Indian reservations” [Katherine Mangu-Ward, Reason] Tribal recognition: high-stakes D.C. game where lobbyists get the house rake-off [Chris Edwards, Cato]

“This January, the justices stopped [attorney James] Wylder’s argument dead in its tracks once again, concluding that the McLean County Circuit Court should have dismissed his three negligence suits against Illinois Central Railroad. Wylder had argued that Illinois Central was responsible for the alleged asbestos-related injuries of workers at an asbestos plant because the asbestos had arrived there by rail.” [Chamber's Madison County Record, more; background on "asbestos conspiracy" line of Illinois cases, LNL]

East St. Louis: “In yet another ‘swoon and fall’ case against a church, an Illinois woman claims she was injured during a church service when a parishioner who was receiving the ‘spirit’ fell backward, knocking several other worshippers into her.” Most “slain in the Spirit” suits are filed either by the worshiper who loses consciousness and falls or by a designated “catcher”; this one is on behalf of an injured bystander [Matthew Heller, On Point News; earlier here, here, here] “New tort: Gottvertrunkenism” [@Sam_Schulman]

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January 9 roundup

by Walter Olson on January 9, 2012

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“Madison County Circuit Judge Barbara Crowder was dropped Tuesday from hearing all asbestos cases less than a week after her campaign committee received $30,000 in contributions from three metro-east asbestos law firms.” [Belleville News-Democrat, followup (says she'll return money); Chamber-backed Madison/St. Clair Record, followup]

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The Associated Press and Belleville News-Democrat investigate some curious clusters of workers’-comp claims among downstate correctional officers and other public employees.

At least so long as it’s produced in an industrial manner. [Chicago Tribune]