But since there were no reports of injury as of yet, it appears likely that it won't result in more work for Chicago injury lawyers.
More than one consumer complained that they found small pieces of blue plastic in the frozen chicken nuggets. The affected products were made on June 9 and shipped only to Wal-Mart, according to the Associated Press (via the Tribune).
]]> While the USDA called the health risk from the affected products "low," the recall is just a precaution and probably just smart business on behalf of Perdue. The recall includes the company's 1-pound, 13-ounce bags of "Great Value Fully Cooked Chicken Nuggets."Affected products carry the following establishment number:
P-33944
And the following case code:
89008 A0160
Recalled products also have a "best if used by" date of June 9, 2011. The nuggets were produced and packaged on June 9 of this year.
The FSIS provides a live online chat service at AskKaren.gov Monday through Friday from 10:00 a.m. to 4:00 p.m. (EST), for concerned consumers. The USDA Meat and Poultry Hotline, 1-888-MPHotline, can be reached during those same hours and days, available in both Spanish and English.
An FSIS press release was issued on July 19, notifying consumers about how to identify whether or not they have the effected product. But while consumers are told not to eat the product and that it is no longer available until it can be replaced, it didn't indicate whether customers will be entitled to a replacement or full refund.
If you believe the recalled product (or any consumer product, for that matter) has caused injury, you might want to consult an Illinois injury lawyer.
Related Resources:
She also has sued Michael Barrett, who pleaded guilty to stalking, claiming invasion of privacy and intentional infliction of emotional distress.
Named defendants include Marriott International Inc. and Radisson Hotels International Inc., both of which Erin Andrews claims gave Michael Barrett privileged information about her whereabouts. Her lawsuit claims negligence, negligent infliction of emotional distress and invasion of privacy by the hotels.
]]> A statement from her Chicago injury lawyers details her claims against the hotels:"Not only did the hotels confirm that Ms. Andrews was intending to register as a guest, but they also released, without Ms. Andrews' consent, her room number. The hotels then provided Michael David Barrett a hotel room immediately adjacent to hers."
In her own public statement statement, Erin Andrews said she'll "never be able to fully erase" the impact of the stalker's actions but expressed her hope that the hotel industry will be "more vigilant in protecting its guests."
Michael Barrett pleaded guilty to a federal stalking charge last December stemming from accusations that he altered hotel peepholes in order to capture video of Erin Andrews while she was naked. The Westmont, Illinois insurance company employee posted about 10 videos of the ESPN reporter online, prosecutors said.
He was sentenced to a two-and-a-half year prison term.
Although the CNN doesn't say how much she's seeking in her lawsuit, the Associated Press (via Huffington Post) reported that she's claiming $1.2 million in damages from Michael Barrett and the seven hotels named in the suit.
Related Resources:
According to the lawsuit filed in Cook County Circuit Court earlier this week, the incident happened two years ago while the plane was somewhere between Chicago and Orlando, Florida. The teenager allegedly asked for a different seat several times but "was emphatically told no."
]]> Illinois injury attorney Jeffrey Deutschman, representing the family of the boy (now 16 years old), pointed out that Southwest Airlines had a duty of care for the minor but didn't meet that duty:"They failed to protect him. They allowed an individual to get intoxicated on that flight. That person was harassing my client sexually as well as trying to give him drugs. He was a very scared little boy."
The Chicago Sun-Times article about the incident reported that he went to the bathroom four times just to get away from her. Sun-Times quoted the attorney Jeffrey Deutschman chiding the airline:
"I do not understand how an airline today, in this post-9-11 world would permit a passenger to be abusive to a small child."
A Southwest Airlines spokesman contacted by reporters declined to comment.
Jeffrey Deutschman said his client was so scared by the experience, which was during his out bound trip to visit relatives that he refused to fly home alone. His father allegedly flew down to accompany him on the trip home.
The boy's family is seeking in excess of $50,000 in the lawsuit.
But even though countless adolescent boys have dreamed about joining the "mile high club," solicitation and harassment are never okay. If you believe a company or institution has breached its duty of care, you might want to contact a Chicago injury lawyer for advice.
Related Resources:
Critics of the status quo claim the food industry is one of the country's least-regulated industries with the potential to harm or kill people, often through bacterial contamination. The illnesses linked to several suburban Chicago Subway restaurants are largely blamed on salmonella contamination.
]]> A coalition of food safety groups ran newspapers ads in the home states of Senate Majority Leader Harry M. Reid (D-Nev.) and Senate Minority Leader Mitch McConnell (R-Ky.). The ads feature the stories of constituents of the respective lawmakers who fell ill from tainted food.Erik Olson, with the Pew Health Group's food and consumer product safety programs, pointed out that new food recalls happen almost every week while lawmakers stall the bill.
In Nevada, 71 percent of voters in a Pew Charitable Trust poll said they think the Senate should pass the bill. Food safety laws haven't changed in 70 years and the new legislation would give the Food and Drug Administration significantly more regulatory muscle with respect to food production.
Government statistics state that food illnesses affect 25 percent of all Americans and kill 5,000 annually. The food industry also has a fiscal interest in tighter regulations, as it has lost billions in recalls, negatively impacted sales and legal costs.
Among other provisions, the new legislation would give the FDA the authority to order a recall for suspicion of tainted food, authority it currently does not have.
If you have become seriously ill and suspect it was caused by tainted food, you may want to contact an Illinois injury attorney and review your options.
Related Resources:
]]>
Eddy Curry's Chicago injury lawyer, Mark Belongia, said his client and the prevailing plaintiff in the suit have agreed to a payment plan and that he already has made the first installment.
]]>The Chicago Tribune reported more than three weeks ago that Eddy Curry was ordered to pay $197,000 in a personal injury case last year filed by Christina White. The case never went to a verdict and was settled, so the details of the case are scarce, but Courthouse News has a copy of the complaint regarding his nonpayment of the settlement (PDF).
Eddy Curry's attorney explained that entering an arrest warrant for someone who fails to appear in court is standard practice and usually is resolved without arrest:
"Unfortunately, Eddy travels a lot, and wasn't able to attend... [but] we've reached a solution."
However, the Chicago Sun-Times reported that the case is related to an earlier legal settlement stemming from a 2005 sexual abuse and battery lawsuit. She was 14 years old at the time and Eddy Curry was 18, but no criminal charges were filed.
Instead, the 6-foot, 11-inch basketball player promised to pay $660,000 in exchange for her silence. The plaintiff filed another legal action when Eddy Curry failed to make the final payment.
Eddy Curry also was the target of a very public sexual harassment suit filed by a male limousine driver who claims the basketball player made unwelcome sexual advances on him, once at gunpoint, according to the Chicago Tribune.
Chicago injury lawyers are skilled at helping their clients get just compensation for injuries or accidents that are the result of another party. Some even offer free initial consultations.
Related Resources:
Perhaps true reality just wouldn't be entertaining enough for TV?
Chicago injury lawyer Blake Horwitz, representing the plaintiff, filed his client's civil action for assault in the U.S. District Court in the Northern District of Illinois, claiming a pattern of "criminal activity." She is seeking more than $75,000 damages.
]]> Carrie Malec claims she was dancing in a Miami nightclub when Nicole "Snooki" Polizzi, Jenni "JWowww" Farley and other employees of the show "knowingly placed [the] plaintiff in a situation that would provoke physical harm in order to provide a television spectacle, receive profits and produce a lucrative business endeavor."The show has not yet been aired, but the suit alleges further harm to the self-described "conservative soccer mom" if it is:
"[Carrie Malec] will be thrust into the public spotlight without her consent after being beaten and humiliated by defendants."
The reality series follows eight young New Jersey adults who share a rental property. The second show was filmed in Miami. Although MTV probably has its own, more flattering description of the show, Carrie Malec's civil complaint alleges the following:
"A major theme of the show is the frequent and random criminal violence that occurs to or involves the cast members and other people in the locations where the show is being taped."
Michael A. Rowe, the attorney representing MTV in the case, declined to comment.
Since battery and assault are considered both crimes against the state and civil offenses, as explained by FindLaw, assault victims may recover from losses in civil court with the help of Chicago injury attorneys.
Related Resources:
Daniel McCormack was defrocked by the Roman Catholic Church after his conviction on multiple counts of sexual abuse. Now his former employer, the Archdiocese of Chicago, will face the anonymous alleged victim and his Illinois injury attorney.
]]> The plaintiff, known only as James C. Doe in court records, alleges the Archdiocese and Cardinal Francis George "breached the duties of reasonable care" when they allowed Daniel McCormack to become a priest in the first place. Furthermore, the suit claims the church moved him around to different parishes even as sex abuse allegations against him began to pile up.The suit also alleges the former priest continued his abuse of James C. Doe even after police questioned him about a sexual abuse case in 2005 and church officials ordered him not to have contact with minors.
The alleged abuse against James C. Doe began in 2000 when he was in the seventh grade at Our Lady of the Westside and then continued for six years, according to the complaint:
"Through his junior or senior year in high school (2004-2006), McCormack maintained a sexually abusive relationship with Doe."
He also played basketball at the elementary school, where the disgraced former priest coached and taught.
Daniel McCormack currently is serving a five-year prison term after pleading guilty to molesting five boys, but it's unclear whether James C. Doe was one of the five. He began his sentence in 2007.
Related Resources:
But like all products, sometimes manufacturing or design errors cause problems. According to the Food and Drug Administration, Medtronic has recalled about 43,000 of its defibrillators due to a potential battery problem, as reported by The Wall Street Journal.
]]> In fact, the FDA designated the Medtronic recall of the company's Lifepak 20 and Lifepak 20e devices with a "Class 1" status, its most serious recall level. Still, the company has opted to keep the affected defibrillators in the field as it works to fix the potential battery problem.But if you or a family member suffers a cardiac arrest and discovers that the nearest defibrillator is not working, and the non-operation results in a serious injury, it may be wise to consult with an Illinois injury attorney.
A press release issued by Medtronic's Physio-Control subsidiary, which manufactures the devices, notified its customers by certified mail that it plans to update their power supplies as soon as possible. The release also attempted to reassure customers about the safety of its products:
"While there have been reports of failures during patient use, over the eight-year product life, there has been one unconfirmed adverse patient event."
Physio-Control president Brian Webster said that an Australian heart attack victim died four years ago as a result of a malfunctioning Lifepak 20 defibrillator, but he said the company was unable to recover the device or determine the cause.
Related Resources:
She gave the company an "F" grade on Angie's List after the company refused to give her an estimate, claiming her home was outside its service area. Michael Fitzgerald, owner of All Fields of Concrete Construction, shot back with a $10,000 lawsuit claiming defamation.
]]> Illinois injury attorney Phillip Zisook, who specializes in defamation cases, said Internet review cases like this one are typically hard to prove. It must be a false statement of an objectively verifiable fact in order to be considered defamatory, he said:"Merely stating an opinion, although it is very negative and published on the Internet, does not necessarily mean you have a viable defamation action."
Helen Maslona was surprised that the firm, which is just five miles from her home, doesn't work in her area. According to Angie's List, she said, the company does in fact work in her neighborhood. She reported the fact that she was refused service on the review site and gave it the worst possible grade.
Michael Fitzgerald claims the woman "willingly and maliciously tried and succeeded in damaging my company's reputation." Helen Maslona, however, insists she "just stated exactly what happened."
Michael Fitzgerald told CBS reporters the following:
"I'm not trying to be a jerk. It's just hard to have somebody slander you."
If she merely stated what actually happened, then she has the truth on her side. And as Illinois injury lawyer Phillip Zisook stated, her opinion that the company deserves an "F" rating may not be considered defamation by the courts.
Related Resources:
To recap, the 22-year-old was arrested after theater employees told police they caught her taping the movie with a handheld camcorder, which carries stiff penalties intended to thwart piracy. Samantha Tumpach insisted she was only taping the pre-movie festivities of her sister's birthday party, including the singing of "Happy Birthday" before the movie began.
]]> She did, however, tape one minute and twenty-five seconds of the movie but had no intention of distributing illegal copies. She was held in jail for three days before the charges were finally dismissed.But the damage was done, as Samantha Tumpach retained an Illinois injury attorney and sued Rosemont's Muvico theater for more than $50,000.
Her complaint claims malicious prosecution, intentional infliction of emotional distress, negligence and defamation. She was severely mistreated after the theater went way too far, her lawsuit alleges:
"She has suffered great public ridicule, embarrassment, humiliation, inconvenience, damages to her reputation and other damages."
She shot the minute-plus footage of the film in hopes of capturing "her favorite actor take his shirt off," according to the lawsuit, providing perhaps a bit of comic relief. The young woman also claims that Muvico employees called police without even telling her she couldn't record in the theater.
While no taping of any kind is allowed in most movie theaters, and technically she may have been in violation, prosecutors often consider factors that indicate intent. But when mistakes are made, Chicago injury lawyers often can help recover for legitimate claims.
Related Resources:
In that case, Michael and Darla Green were riding their Harley-Davidson motorcycle from Illinois to Yellowstone National Park in the summer of 2007. A friend warned the couple that their rear tire looked low on air and that she could smell burning rubber from their bike, according to undisputed facts related to the case.
However, the couple reportedly kept on riding until the tire suddenly deflated in Missouri and resulted in a crash.
]]> Both Michael and Darla Green were injured and filed a lawsuit against the tire company in 2008. The couple eventually settled with Goodyear for an undisclosed sum, but Goodyear now claims that they should have easily won the case for a number of reasons.A brief filed by Goodyear pointed to the underinflated tire, low tread, the Greens' obesity and the lack of proper safety gear as extenuating circumstances leading up to the incident. But the company said the lawyers failed to demand a jury trial; made errors resulting in the judge striking expert witness testimony; and various errors in their cross-examination.
Now the tire company is seeking damages in excess of $50,000 against the attorneys and their firm. Neither of the two attorneys commented on the lawsuit.
Although the claims are merely alleged at this point, it must be noted that most Chicago injury attorneys are careful not to make procedural errors that hamper their clients' ability to seek a favorable resolution in personal injury cases.
Related Resources:
Alicea Bush-Bailey's complaint, prepared by her Illinois injury attorney and filed in Will County court, claims the restaurant chain failed to prevent a salmonella outbreak. The suit reportedly doesn't indicate a dollar amount for damages but she claims the sandwich put her in the emergency room.
At least 97 people reported getting sick after eating at Subway restaurants in 28 counties, according to the Illinois Dept. of Public Health.
]]> The plaintiff spoke with CBS News reporters about the incident and her lawsuit, suggesting that a lack of cleanliness resulted in the outbreak:"If it was just me and I got ill, I could live with that. [But] to know that it was because of someone else not washing their hands, or handling the food wrong..."
The outbreak took place between May 11 and June 4 and prompted a swift apology by Subway, Reuters reported. The apology, delivered in a prepared statement, indicated that the company is working with Dept. of Health investigators to solve the "mystery" and that it has replaced all of the restaurants' produce supplies:
"We are confident the current fresh produce being served in Subway restaurants are safe to eat."
While that may not exactly do enough to make your mouth water for a Cold Cut Combo, it's important to note that the US Centers for Disease Control and Prevention estimates that 76 million people in the US get sick each year from food-borne illnesses.
No one died from the outbreak, which resulted in 26 reported hospitalizations.
Consult with an Illinois injury lawyer if you believe you became ill as a result of exposure to tainted Subway food.
Related Resources:
She had accused Richard Roberts of making defamatory remarks when he claimed she inappropriately took an email list from the organization when she was fired last January.
Details of the settlement were kept under wraps, as is usually the case.
]]>The disgraced former governor's wife sued Richard Roberts in Cook County on October 1, 2009, according to the Chicago Tribune. She claimed that Richard Roberts defamed her "perhaps to deflect attention from his performance" or to "generate publicity for himself and CCIL," according to her complaint.
Her suit claimed both compensatory and punitive damages, as well as an injunction to halt "any further false statements" about the plaintiff:
Roberts has falsely accused the former First Lady of stealing CCIL's donor list -- something Roberts claims is proprietary -- upon her termination from CCIL... Roberts has caused great injury to Plaintiff's reputation and her standing in the community.
Illinois injury attorney Jay Edelson, representing Patti Blagojevich, said at the time that if Richards Roberts offered a public apology and retraction of the statement, then "we're 80 percent there." But now that the matter has settled, seemingly without an apology or retraction, the parties are 100 percent there.
Richard Roberts made the following public statement one month after Patti Blagojevich's termination from CCIL, which she found defamatory:
"The last thing we need is to have Mrs. Blagojevich showing poor judgment and unethical behavior. Our list is proprietary."
Related Resources:
Jeff Dion, director of the National Crime Victim Bar Association, explained the importance of civil remedies for crime victims in a Slate article:
"The criminal case is about paying your debt to society. The civil case is about [perpetrators] paying their debt to the victim."
Only that doesn't happen as often as one might think for something so serious as rape, according to the article.
]]> Adding insult to injury, a 2004 sex crimes study found that just half of rape cases resulting in an arrest were ever prosecuted (PDF).Ten years ago this month, the US Supreme Court struck down the portion of the Violence Against Women Act (VAWA) that would have allowed women to sue their attackers in federal court. The rationale behind the act was that rape was a brutal violation of victims' civil rights, although Justices ultimately decided that this overstepped the federal government's bounds.
In other words, the court held that only state courts should handle criminal-justice matters, like other crimes.
So without a federal civil rights remedy, rape victims hoping to recover damages must look for deep pockets; even many Chicago injury lawyers won't take on such a case unless it makes financial sense. That means a third party such as a shopping mall or hotel owner with lax security often becomes the target, not the rapist.
If a third party cannot be held liable, it's nearly impossible to recover damages in most states.
Fortunately for Chicagoans, Illinois is one of only three states that pick up where the Supreme Court ruling on VAWA left off. The Gender Violence Act allows the victims of gender-related violence (usually rape) to hold their attackers personally liable for damages in state court.
Related Resources:
With the help of an Illinois injury attorney, Ottawa couple Donald and Janet Maxon filed a motion urging Ottawa Publishing to release the names of two commentators they claim made defamatory statements about them.
The anonymous commentators allegedly accused the couple of bribing members of the Ottawa Plan Commission, according to court records. Donald and Janet Maxon sought to add rooms to their home in order to start up a bed-and-breakfast.
]]> A LaSalle County circuit judge dismissed their motion, stating that the couple did not satisfactorily prove that the statements were in fact defamatory. But Ottawa Publishing filed a motion against the request, arguing that "trial courts in Illinois must take extra steps to protect the anonymity of Internet posters," according to court records.The article pointed out that the Tribune, as did other news organizations, filed a "friend of the court" brief in support of the publisher. The Tribune had argued that anonymous online posters are protected by the First Amendment and that ruling otherwise would result in "irreparable harm" to the public's access to news.
But the panel of justices disagreed and reversed the decision, arguing that bribery accusations are not just opinions, effectively granting the couple their request:
"We find that the statements purport to be factual allegations of bribery by the Maxons and must be answered."
The popular practice of posting anonymous comments online has opened up a whole new can of worms in the area of defamation.
Related Resources: