Judiciary: Pa. Supreme Court Increased Published Opinions in 2011

After a year in which its output was dramatically down, the Pennsylvania Supreme Court rebounded in 2011, issuing opinions at a rate closer to the high court's traditional performance marks.
TheLegalIntelligencer.com

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Bond Insurer's Suit Against Goldman Sachs Moves Forward

A lawsuit alleging that Goldman Sachs & Co. tricked a bond insurer into insuring security tied to residential mortgages that the investment bank deliberately designed to fail may go forward, a Manhattan state judge has ruled.
TheLegalIntelligencer.com

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ACLU Filing Challenge to Pa. Voter ID Law

The American Civil Liberties Union expects to file suit against Pennsylvania in the Commonwealth Court, bringing claims that the new voter-ID law violates the state constitution, according to the organization.
TheLegalIntelligencer.com

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Morgan Lewis, Pepper Hamilton Grab Dewey Finance Partners

Two Philadelphia firms have announced plans to beef up their bicoastal financial practices with lateral hires from New York-based Dewey & LeBoeuf.
TheLegalIntelligencer.com

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Court Weighs If Rutgers Broke Law With Closed-Door Talk

Athletics are a huge attraction at Rutgers University, and the New Jersey Supreme Court is considering whether the school broke the law by discussing sports policies behind closed doors.
TheLegalIntelligencer.com

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Is Alimony in Florida Designed to the Lifestyle I Had During Marriage?

Written by: Lenorae Atter, Attorney at Law

Divorce cases involving alimony have been popular recently in Florida. The Florida appellate courts seem to be making up for the lack of alimony legislation by making rulings that continuously limit alimony and the award of such. The Florida alimony statute recently underwent an overhaul, making clearer lines of the length of the marriage that must or should exist in order for certain alimony to be awarded to a spouse. However, the hole that has caused quite a stir is that Florida still does not have an alimony calculation to help in the determination of the amount to be paid. In Jacksonville and surrounding areas, there is a tendency to award alimony based on need and ability to pay, not just the income disparities, but that is not always the case nor the popular approach throughout Florida, thus the appellate courts have begun making more provisions for the award of alimony.

A disparity in income does not, in fact, mean that because one party makes more than the other party that she or he should automatically pay alimony to the other. The court must look at the practicality of such. The reality is that just because there is a disparity in income does not necessarily mean that one party is in need or the other has the ability to make both houses equal financially. Financial equality sustained by one income for two households runs quite a risk for the paying party because often, that individual also takes more of the debts from the marriage. In a recent appellate opinion, Walker v. Walker, 1D11-2869 (Fla. 1st DCA April 12, 2012). , the court quoted the following, "Simple disparity in income will not support an award of permanent periodic alimony: 'the purpose of permanent periodic alimony is not to divide future income to establish financial equality.' See Rosen v. Springer, 845 So.2d 927, 929 (Fla. 4th DCA 2003)(citing Segall v. Segall, 708 So.2d 983 (Fla. 4th DCA 1998); Langevin v. Langevin, 698 So.2d 601 (Fla. 4th DCA 1997); Wright v. Wright, 613 So.2d 1330 (Fla. 4th DCA 1993)." This basically establishes that alimony should be awarded to assist the needing party in the future, not just to establish an equal financial footing of both spouses.


Jacksonville Divorce Lawyer Blog

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RFP for PGW Sale's Legal Work Set to Go Live Today

Beginning today, lawyers will have the opportunity to bid on a deal potentially worth $ 1.85 billion that would privatize Philadelphia Gas Works, an aide to Philadelphia Mayor Michael A. Nutter has confirmed.
TheLegalIntelligencer.com

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Judge Trims Claims In Egg Price-Fixing Class Action Suit

U.S. District Judge Gene E.K. Pratter of the Eastern District of Pennsylvania on April 24 partially granted motions to dismiss indirect purchaser claims against three egg producers and one trade group: Daybreak Foods Inc., Hillandale Farms, Land O'Lakes Inc. and the United Egg Association. Pratter dismissed without prejudice federal Sherman Antitrust Act claims, but allowed state law claims to stay in the case. The rulings largely represent a win for Crowell & Moring (Daybreak), Pepper Hamilton (UAE), Buchanan Ingersoll & Rooney (Hillandale) and Eimer Stahl Klevorn & Solberg (Land O'Lakes).
TheLegalIntelligencer.com

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Federal Judge Denies Sanctions Motion Against Elliott Greenleaf

A federal judge has denied a motion for sanctions a former Elliott Greenleaf partner filed against the firm for alleging in a complaint that he misused escrow funds.
TheLegalIntelligencer.com

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Nutter Admin. Agreed To Pay Counsel Fees Directly, Judge Says

The Nutter administration has agreed to the First Judicial District's request to strip out of the court budget the fees paid to court-appointed private attorneys for indigent defendants, the chair of the FJD's governing board told The Legal on Friday.
TheLegalIntelligencer.com

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GC Mid-Atlantic: Identifying Signs a Company Is in Financial Distress

General counsel play a unique role in the context of a company. They must be an employee of the company while maintaining the foresight to identify issues that the management of that company might not identify, or might not want to identify. Included in this is the ability to spot the warning signs that a company could be financially distressed and the ability to determine whether to consult with outside counsel or a restructuring specialist to assess the company's financial position.
TheLegalIntelligencer.com

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Young Lawyer: Going Solo: The Challenges and Opportunities of Shingle Hanging

The gloomy forecast for newly barred attorneys has many law students rethinking their post-law-school plans.
TheLegalIntelligencer.com

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Paralegals Page: The Benefits of Paper Records and the Pitfalls of Their Digital Counterparts

It is no secret that if you aspire to be a paralegal, there is a good chance that you will (eventually) become obsessed with paper.
TheLegalIntelligencer.com

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Paralegals Page: Point-Counterpoint: Embrace Your Inner Pack Rat or Go Paperless?

How much time is wasted searching for missing pieces of paper? More than most of us would like to admit, I bet.
TheLegalIntelligencer.com

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Technology Law: Expectations of Privacy With Drone Surveillance Technology

Drone aircraft, otherwise known as unmanned aerial vehicles (UAV), have been used by the military in times of war for more than 60 years, but their capabilities for purposes of criminal investigation have only recently been explored.
TheLegalIntelligencer.com

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Employment Law: EEOC Rules That Title VII Applies to Gender Identity Claims

A former male police officer applied for and was offered a job with a federal government agency, which was then rescinded days after the agency was informed the job applicant was transitioning to female.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 23

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Reduce Costs of Litigation Support With Specialized Software

Using specialized data-mining software in complex litigation support and forensic accounting engagements can yield significant cost and time savings. In most forensic accounting engagements, time is of the essence and, when litigation is involved, deadlines for discovery or accepting proposed settlement offers can become a major issue.
TheLegalIntelligencer.com

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Voters to Decide AG Primary Tuesday

On the day before an increasingly heated Democratic attorney general primary race is settled, a snowy forecast for Western Pennsylvania echoed a theme prevalent throughout the entire race: low visibility.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 24

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Phila.'s Jail Population Rises With New Bench Warrant Court

As Philadelphia?s new bench warrant court for court scofflaws enters its seventh day today, criminal justice officials say that the new court has already driven up the Philadelphia Prison System?s population to its highest level since the spring of 2010.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 25

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 25

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Cozen O'Connor Wants All Its Elevators Fixed

Cozen O?Connor?s suit against its landlord over allegedly faulty elevators and general building disrepair has resulted in only half of the elevators being fixed.
TheLegalIntelligencer.com

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Recent Amendments to Rules 121, 903, 1113 and 1512

On April 9, 2012, the Pennsylvania Supreme Court amended the Official Note to Pa. R.A.P. 121 and Rules 903, 1113, 1512 to clarify that subdivision (e) of Rule 121 applies to calculating the deadline for filing cross-appeals, cross-petitions for allowance of appeal and additional petitions for review.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 26

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Five Pitfalls of the Settlement Process

When you decide to take on a case, what's the ultimate, long-term objective that you have for the client?
TheLegalIntelligencer.com

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Five Pitfalls of the Settlement Process

When you decide to take on a case, what's the ultimate, long-term objective that you have for the client?
TheLegalIntelligencer.com

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Castille Says Funding, Openness Mark Path to Justice

Ensuring justice in state courtrooms can only be accomplished through openness and proper funding, Pennsylvania Chief Justice Ronald Castille said last week in a released statement.
TheLegalIntelligencer.com

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Municipalities Balk at PUC's Request to Clarify Terms of Act 13 Injunction

The state Public Utility Commission has asked the Commonwealth Court to modify its order placing a temporary injunction on the zoning portions of Act 13 in order to clarify whether the delay enjoins the agency from reviewing existing zoning ordinances to determine whether they violate either the Municipalities Planning Code or Act 13.
TheLegalIntelligencer.com

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Sailor’s kiss goes to next level..accidentally?.

   The eye-catching Sarasota bayfront statue commemorating a sailor's aggressive lip-to-lip assault on a passing nurse has taken a major hit from an out-of-control car.    Accident?   Maybe that's just what they want you to believe. Think about it. For years, snooty art critics ranted about that statue, saying it is a piece of roadside kitsch, a cheap (yet expensive!) rip-off of a famous photograph that art-savvy Sarasotans should be embarrassed to have there.     And now, oh-so-conveniently, a… Read More »
Tom Lyons: The Blog

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W.Va. Firm Merges With Western Pa. Energy Boutique

Charleston, W.Va.-based Jackson Kelly has announced it will expand its Western Pennsylvania energy law presence with the addition of Indiana, Pa.-based oil and gas boutique Gormly Gormly & Yuhas.
TheLegalIntelligencer.com

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Pa. Firms Going Nowhere, or Down, in Am Law 100 Ranking

The same nine Pennsylvania firms appeared on The American Lawyer's latest Am Law 100 rankings as did last year and none of them were able to move up the list.
TheLegalIntelligencer.com

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After 2-Year Delay, Eilman Police Negligence Suit Can Commence

After more than 2 years in legal limbo, Christina Eilman’s suit against the Chicago Police Department can finally move forward, the Chicago Tribune reports.

On Thursday, a three-judge panel of the Seventh Circuit Court of Appeals ruled that the mentally ill California woman can sue the Chicago Police Department for releasing her into a high-crime area where she was raped and critically injured in 2006. In 2010, before the trial could start, the city’s lawyers filed an appeal claiming that the police had no duty to take care of Eilman. It took the appellate court over two years to issue its decision.

Police arrested 21-year-old Eilman on May 8, 2006 after she caused a disturbance at Midway Airport while suffering a bipolar breakdown. Instead of taking Eilman to a hospital for mental evaluation, police released her in a high-crime neighborhood where she was sexually assaulted and fell from a seventh-story window. Eilman is permanently mentally and physically disabled as a result of the fall.

Eilman’s family filed a negligence suit against the Chicago Police Department in February 2010, but the suit was stalled before the trial could start. The city’s lawyers filed an appeal in federal court, claiming the officers could not be sued due to qualified immunity, a defense that protects the government and officials from lawsuits. Until Thursday, the suit had been stuck in judicial purgatory.

Chief Judge Frank Easterbrook, who wrote the court’s opinion, didn’t agree with the city’s contention. “They might as well have released her into the lions’ den at the Brookfield Zoo,” Easterbrook wrote. “She is white and well off while the local population is predominantly black and not affluent, causing her to stand out as a person unfamiliar with the environment and thus a potential target for crime.” The court denied the city’s appeal, stating that the matter of whether the police acted negligently could go to trial.

In a personal injury suit based on a theory of negligence, the plaintiff must show that the defendant owed her a duty of care, and that the plaintiff was injured as a direct result of the defendant’s breach of that duty of care. Christina Eilman’s lawyers must now show that the Chicago police officers had a duty to take care of the woman, and in dropping her off in a dangerous neighborhood, they breached that duty and caused her injuries.

Related Resources:



Find a Chicago Personal Injury Attorney (FindLaw)

Court: Mentally Ill Woman Can Sue CPD (ABC News)

Negligence (FindLaw)

Perfect Storm of Police Misconduct Suits Slams City (FindLaw’s Chicago Personal Injury Law Blog)




The Chicago Personal Injury Law Blog

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Massachusetts Student Brings Disability-Bias Suit Over LSAT

The Law School Admission Council is facing its second Boston federal lawsuit this year by a Law School Admission Test taker seeking an accommodation for disabilities.
TheLegalIntelligencer.com

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Google Execs Take Stand in Copyright Trial Versus Oracle

David Boies and Robert Van Nest could not have had more different days in court Tuesday.
TheLegalIntelligencer.com

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MERS, Banks Call N.Y. AG's Suit Legally Deficient

MERS and several banks that were sued by New York's attorney general for allegedly initiating faulty foreclosure actions have struck back in the high-profile litigation by strongly defending their practices and discounting the office's assertions as factually and legally deficient.
TheLegalIntelligencer.com

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Phila. School District Meeting Records Public, Court Says

The Commonwealth Court has ruled that full texts of resolutions presented at a public meeting of the Philadelphia School District's School Reform Commission are public records, despite the school district's protests that they were exempt under the state's Right-to-Know Law.
TheLegalIntelligencer.com

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Phila. School District Meeting Records Public, Court Says

The Commonwealth Court has ruled that full texts of resolutions presented at a public meeting of the Philadelphia School District's School Reform Commission are public records, despite the school district's protests that they were exempt under the state's Right-to-Know Law.
TheLegalIntelligencer.com

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AWOL Alleged Abuser Wasn't a Big Deal, Lynn Told '02 Grand Jury

When defrocked priest Stanley Gana went absent without leave from a Catholic therapy facility in Toronto after being accused of sexually abusing two teenagers, Monsignor William J. Lynn told a grand jury in 2002 that "it wasn't that big of a deal at that time."
TheLegalIntelligencer.com

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Pa. ethics commission fines ex-senator $21,000

HARRISBURG, Pa. (AP) - Former state Sen. Robert Mellow has been fined $ 21,000 for billing taxpayers to rent space for his district office in a building he and his wife owned.
TheLegalIntelligencer.com

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Damages Doubled to $73.6 Mil. for Pitt's Patent Claim

A federal judge has doubled the jury's award to the University of Pittsburgh in its patent infringement suit against Varian Medical Systems, making the total amount $ 73.6 million.
TheLegalIntelligencer.com

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Paraplegic Man Claims Police Beat Him; Sues City

Yet another civil suit alleging police misconduct has emerged. On Tuesday, a paraplegic man filed a lawsuit against the city, claiming Chicago police officers beat him and knocked him out of his wheelchair, the Chicago Tribune reports.

According to the lawsuit, filed in Cook County Circuit Court, 32-year-old Reginald Edwards was eating and recharging his wheelchair at a Dunkin’ Donuts on Adams St. when an employee demanded he leave. After Edwards refused, police officers became involved.

Edwards claims that when the two police officers arrived, they pushed his wheelchair out of the shop. They then hit him in the face, the lawsuit states. The police loaded Edwards onto a city bus and took him to the Central District Police Headquarters.

At the headquarters, the officers reportedly told Edwards to "wipe the blood off his face and tell [their] supervisor nothing happened to him" or they would charge the man with a felony. After Edwards refused, the officers allegedly shook and struck him, knocking him out of his wheel chair and causing "a catheter to be torn from his genitals" and other injuries. Edwards is seeking damages for what he claims was wanton and willful conduct and false arrest.

Unlike negligence, an intentional tort is based on a willful action by one person that harms another. The intentional tort of civil battery involves an intentional touching or application of force to another person's body in a harmful or offensive manner without his or her consent. If the allegations against the police officers are true, they could be held liable for civil battery. However, the officers will likely argue qualified immunity, a defense that protects government officials from liability for the violation of a person's rights.

Reginald Edwards was later taken to Mercy Hospital for treatment of his injuries. He's been charged with battery and resisting arrest, according to his lawsuit.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
Man Claims Police Beat Him, Knocked Him Out Of Wheelchair (CBS News)
Personal Injury Law: The Basics (FindLaw)
First Steps in Personal Injury Claim (FindLaw)


The Chicago Personal Injury Law Blog

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Pitt Law Hires Temple Prof as New Dean

The University of Pittsburgh School of Law has hired Temple University Beasley School of Law professor William "Chip" Carter Jr. as its new dean.
TheLegalIntelligencer.com

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Arizona Immigration Law May Get Justices' Support

The U.S. Supreme Court appeared ready on Wednesday to support at least part of Arizona's controversial immigration law, in spite of pleas by the Obama administration to keep the federal government as the predominant force in setting immigration policy.
TheLegalIntelligencer.com

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Claims Against Airline Time-Barred Under Accord

Claims against British Airways are barred by an international agreement governing aviation, a federal judge ruled.
TheLegalIntelligencer.com

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Abuse Case Witness Testifies He Was Not Warned About Priest

The Catholic Archdiocese of Philadelphia's delegate for investigating sexually abusive priests was told in 1992 that defrocked priest Edward V. Avery had touched a man's genitals when the man was 15 years old and again when he was 18 as he slept in the same bed as Avery.
TheLegalIntelligencer.com

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Judge Won't Bar Newman's Deposition In Family Court Case

The out-of-county judge presiding over the First Judicial District's legal malpractice lawsuit over the Philadelphia family courthouse project said in an order Monday that the first Supreme Court justice to preside over the initiative is not entitled to a protective order from having to give a deposition.
TheLegalIntelligencer.com

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State Supreme Court Grants Allocatur In Emotional Distress Insurance Case

The state Supreme Court has granted allocatur in a case that asks whether emotional distress without physical injury can be covered under an automobile insurance policy's definition of bodily injury.
TheLegalIntelligencer.com

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General Election Poses New Challenges to Kane, Freed

For former Lackawanna County prosecutor Kathleen Kane, what appears to be her biggest hurdle — that Pennsylvanians have never elected a woman nor a Democrat to the Office of the Attorney General — could end up being the linchpin of her general election push.
TheLegalIntelligencer.com

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Pa. Supreme Court Takes Up NIED Insurance Case

The state Supreme Court has granted allocatur in a case that asks whether emotional distress without physical injury can be covered under an automobile insurance policy's definition of bodily injury.
TheLegalIntelligencer.com

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Claims Reinstated Against Morgan Lewis, Ex-Partner

For Morgan, Lewis & Bockius and one of its former patent attorneys, the alleged cover-up could be worse than the crime.
TheLegalIntelligencer.com

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Kane wins Dems' nod for AG

HARRISBURG, Pa. (AP) ? A political novice no more, Kathleen Kane won her party's nomination that could make her the first Democrat and the first woman to be elected as Pennsylvania's attorney general.
TheLegalIntelligencer.com

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In Age of Tablets, Firms Face New IT Threats

When Attorney General Eric Holder Jr. testified about his agency's budget last month on Capitol Hill, members of the appropriations committee questioned him about what he was doing to stop cyberattacks.
TheLegalIntelligencer.com

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Appearance by Government Not Needed to Make Hearing Adversarial

The government need not send a lawyer or other representative to administrative or litigation proceedings for a successful adversary to win attorney fees incurred in fighting the government's action, a federal appeals court says.
TheLegalIntelligencer.com

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Introduction of Avery's Guilty Plea Still Unresolved

Defense attorneys for the Catholic Archdiocese of Philadelphia official accused of endangering the welfare of a man set to testify today that he was abused by a defrocked priest will have to take their chances that prosecutors might be able to tell the jury about the ex-cleric's guilty plea.
TheLegalIntelligencer.com

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Venue Change Barred in Suit Against Harrisburg Law Firm

A split en banc state Superior Court panel has barred a venue change from Philadelphia to Dauphin County in a suit against Harrisburg law firm Keefer Wood Allen & Rahal and other defendants.
TheLegalIntelligencer.com

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Man Sues Walmart, Purina; Claims Chinese Treats Killed his Dog

Last week, Dennis Adkins filed a lawsuit in federal court in Chicago against Walmart and Nestle Purina. In the suit, Adkins claims that a tainted dog treat produced by Nestle Purina and sold by Walmart killed his 9-year-old Pomeranian, Cleopatra, the Chicago Sun-Times reports.

Adkins’ product liability suit seeks more than $ 5 million in damages from the manufacturer and the retailer. While product liability and wrongful death suits are staples of personal injury law, it’s not every day that such suits are brought on behalf of a pet.

Adkins said he bought the treats on March 11, and soon after eating them, Cleopatra became ill. The dog refused to eat, but gulped down water. A veterinarian told Adkins that the dog’s kidneys were shutting down. Cleopatra died on March 26. Adkins’ other Pomeranian, Pharaoh, refused the treats.

The treats consisted of chicken-wrapped yams and were made in China. In 2007, the U.S. Food and Drug Administration issued a “cautionary warning” for dog treats imported from China. As a result of a spike in reports of dogs becoming ill and even dying from such treats, the FDA reissued the warning in November of last year.

The FDA advised pet owners to be on the lookout for symptoms like increased water consumption and decreased activity, both symptoms Cleopatra experienced. However, the FDA has never recalled any of the China-produced treats, as no contaminant has been found in the products.

Generally, product liability law requires that a product meet the ordinary expectations of a consumer. Consumers usually don’t expect a product to have a dangerous side effect or defect. If a consumer is somehow injured as a result of such defect, he may bring a product liability suit against the manufacturer or seller of the product, claiming negligence, strict liability, or a breach of warranty.

In his lawsuit, Dennis Adkins contends that he didn’t give Cleopatra more than the recommended one treat per day and that the dog had no other dietary changes. According to a Walmart spokeswoman, the company has been in contact with the FDA regarding an investigation of the treats.

Related Resources:


Find a Chicago Personal Injury Attorney (FindLaw)
Chicago Man Sues Purina, Wal-Mart Claiming ‘Tainted’ Chinese Treats ‘Killed’ His Dog (ABC News)
Product Liability (FindLaw)
Dangerous Foods (FindLaw)


 

 

 


The Chicago Personal Injury Law Blog

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Court Denies Lawyer $926K Referral Fee in Class Action Case

A law firm that referred cases to a class action RICO suit that settled for hundreds of millions of dollars in 2009 lost its bid to collect $ 926,000 from one of the prevailing attorneys.
TheLegalIntelligencer.com

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Justice's recusal requests could end ethics case

MADISON, Wis. (AP) - Ethics violation accusations against Wisconsin Supreme Court Justice David Prosser stemming from an argument with a fellow justice may not move forward if his colleagues agree to recuse themselves from the case.
TheLegalIntelligencer.com

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High court says Colo. inmate can pursue appeal

WASHINGTON (AP) - The Supreme Court says federal courts cannot throw out a criminal defendant's appeal for missing a deadline when state officials do not object to the overdue filing.
TheLegalIntelligencer.com

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Car Accident Law Firms Will Ensure Compensation for Damages You Suffered in an Accident

Car accidents are common in Florida. But these accidents can be stressful and traumatic for those involved in it. Car accidents often lead to serious injuries and in some cases it can even result in death. Most eminent cause of a car accident is driver's carelessness. But there can be several other reasons also behind a car accident.
Government and several other entities can be responsible for car accidents. But if a car accident occurs due to negligence of an entity and it leads to fatal consequences; the victim has the right to claim compensation.
Sometimes victims' families are so shattered with such accidents that they often forget about compensation. But any serious injuries involve high medical expenses. At that time compensation can be a great financial relieve for many. Moreover, a person cannot continue to work if he faces serious injuries. Thus, he will not be able to earn for that time.
So, it will be better to make compensation claim with assistance of a law firm. Eminent Florida Car Accident Law Firm will ensure that you receive maximum compensation fort the losses you suffer.
You ill face no problem and do not have to bother about legal matters with an experienced lawyer.
Chicago Lawyer Blog

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Family Law: Pennsylvania Custody Law Changes for Deployed Soldiers

State Senator Lisa Baker said she was inspired to introduce a bill that mandates no judge enter an order changing the custody arrangement of a child of a deployed military service member because grandparents who lived in her senatorial district were barred from seeing their grandson while their son was deployed to Iraq.
TheLegalIntelligencer.com

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Guardian, Court Assert Immunity Claims in Lawsuit

The Lackawanna County guardian ad litem has asked a federal judge to dismiss a lawsuit filed against her, arguing she is entitled to judicial immunity and that the federal court lacks subject-matter jurisdiction over issues stemming from a state custody case.
TheLegalIntelligencer.com

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Insurance Law: Consumer Law Violation May Provide Path for Proving Bad Faith

The Pennsylvania Superior Court, reaffirming its holding that violations of other Pennsylvania laws may be relevant to proving bad faith, has granted a new trial to a Pennsylvania couple pursuing a bad-faith claim against their insurance carrier.
TheLegalIntelligencer.com

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Multi-Office Lateral Groups Pose Logistical Challenges

When Cozen O'Connor was wooing away nine intellectual property attorneys from four different offices of Duane Morris, the geographic logistics proved just as much of a challenge as did any other issues that come along with a high-stakes lateral acquisition.
TheLegalIntelligencer.com

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Pa. man cleared in newborn's death sues troopers

UNIONTOWN, Pa. (AP) - A southwestern Pennsylvania man is suing the state police for false arrest in the death of his former sister-in-law's newborn baby in June 2000.
TheLegalIntelligencer.com

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James Tyree's Estate Reaches $10M Settlement with U of Chicago

The estate of James Tyree, former owner of the Chicago Sun-Times, has reached a $ 10 million settlement with the University of Chicago Medical Center over a wrongful death claim, the Chicago Tribune reports.

In March 2011, Tyree died during a routine procedure at the medical center. His estate claimed that his death was partly due to the negligence of the hospital’s staff.

Tyree was ill with stomach cancer and visited the medical center for treatment. He died after members of the hospital’s staff reportedly improperly removed a catheter during a routine procedure. The Cook County medical examiner ruled Tyree’s death an accident.

Tyree’s estate filed a medical malpractice suit against the hospital, alleging negligence on the part of the medical staff. The University of Chicago Medical Center recently signed a settlement agreement, but admitted no fault.

Medical malpractice occurs when a medical professional’s negligent act or omission causes harm to the patient. When the defendant is a hospital, the court often looks at the employee training, safety precautions, and standard of care employed by the hospital. Generally, plaintiffs seek damages for medical expenses, lost wages, and pain and suffering. In wrongful death suits, the decedent’s family may seek damages for loss of consortium as well.

The settlement takes the form of a “gift agreement.” Under the agreement, the University of Chicago Medical Center will donate the settlement proceeds to the James C. Tyree Charitable Foundation, half of which will go to James Tyree’s family and the other half paid out in annual installments to his estate.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)

U of C, James Tyree’s Family Reach $ 10 Million Settlement (Chicago Sun-Times)

Wrongful Death Overview (FindLaw)

Medical Malpractice Overview (FindLaw)

The Chicago Personal Injury Law Blog

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Court won't hear appeal over NYC rent control

WASHINGTON (AP) - The Supreme Court won't hear an appeal that seeks to end rent stabilization laws in New York City.
TheLegalIntelligencer.com

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Anti-Fracking Group Adds Claims to Surveillance Suit

Opponents of hydraulic fracturing in Luzerne County can add defamation and conspiracy claims to their suit against the private surveillance company that the government allegedly hired to watch them, a federal judge has ruled.
TheLegalIntelligencer.com

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Court rejects torture victims' appeal vs. Chevron

WASHINGTON (AP) - The Supreme Court has turned away an appeal by Nigerians seeking to hold Chevron accountable for deaths in the Niger Delta under a U.S. law aimed at helping torture victims.
TheLegalIntelligencer.com

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Litigation: Surprise! Attorney Fees and Rule 68, a Trap for the Unwary

It is Tuesday morning. Yesterday, your adversary accepted a Rule 68 Offer of Judgment for $ 5,000 to settle "all claims," which concluded a long, hard-fought federal litigation.
TheLegalIntelligencer.com

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The Public Interest Calendar of Events

On April 24, HIAS Pennsylvania will host its annual fundraising event, "Celebrating the Resilience and Renewal of Immigrants and Refugees," from 5:30 to 8:30 p.m. at The Bellevue, Broad and Walnut streets, Philadelphia. There will be live entertainment, and the Golden Door Honorees will be announced. For more information, visit http://hiaspa.org.
TheLegalIntelligencer.com

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Gender Bias Case Against CIGNA Sent to Arbitration

A Massachusetts federal judge has sent a gender bias case against CIGNA Healthcare Inc., alleging $ 100 million in damages, to arbitration.
TheLegalIntelligencer.com

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K&L Gates to Defend Sprint in N.Y. AG's Tax Case

Touting the case as "a first-of-its-kind lawsuit," New York Attorney General Eric Schneiderman sued Sprint-Nextel on April 19 over allegations that it deliberately undercollected and underpaid millions of dollars in state and local sales taxes on flat-rate access charges for wireless calling plans.
TheLegalIntelligencer.com

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Good-Faith Exception for Warrantless GPS Tracking Suggested

A Montgomery County Common Pleas judge has suggested that a "good-faith" exception should be crafted to soften the impact of the U.S. Supreme Court's recently announced warrant requirement for police placement of GPS tracking devices on a vehicle during an investigation.
TheLegalIntelligencer.com

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Court to Determine If Judicial Orders Are Hearsay in Another Case

The state Supreme Court has directed the Superior Court to address whether orders from the supervising judges of a grand jury regarding an alleged leak can be admitted as evidence by the plaintiffs in their defamation suit against a Scranton newspaper that reported on the grand jury testimony.
TheLegalIntelligencer.com

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Judge Bars Drillers, Lawmakers From Intervening in Act 13 Suit

A Commonwealth Court judge has barred industry groups, drillers and legislators from intervening in a suit filed by seven Pennsylvania municipalities and the Delaware Riverkeeper Network that alleges the recent zoning-related amendments to the state's Oil and Gas Act are unconstitutional.
TheLegalIntelligencer.com

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Law Firm Management: Undercapitalization or Overdistribution? A Test of Leadership, Culture

As some noteworthy large law firms struggle in an environment of financial stress, the reality of reduced, delayed or permanently missed partner distributions in self-proclaimed successful law firms has been revealed.
TheLegalIntelligencer.com

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GC Mid-Atlantic: An Employer's Duty to Report Crimes by Employees to Police

Over the past decade, many European countries have passed laws mandating that individuals and employers report criminal conduct.
TheLegalIntelligencer.com

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Young Lawyer: Making the Leap: The Best-Laid Plans Still Go Awry

I left my first legal job last week. I loved my firm. I took pride in my work. I relished the fact that I was an honest-to-goodness attorney. But an unfortunate and serious family situation required my immediate return to the West Coast.
TheLegalIntelligencer.com

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Law Firm Marketing: Building Better Lawyer Bios:

The book Moneyball by Michael Lewis examines the actions of a rogue general manager by the name of Billy Beane who is able to take a team with a payroll of $ 39 million and compete with the New York Yankees, which at the time had a payroll of around $ 114 million.
TheLegalIntelligencer.com

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Health Care Law: Analyzing CMS's Proposed Rule on Reporting, Returning Overpayments

Pursuant to Section 6402(a) of the Patient Protection and Affordable Care Act (PPACA), the Centers for Medicare and Medicaid Services (CMS) published a proposed rule for reporting and returning Medicare overpayments in the Feb. 16 edition of the Federal Register.
TheLegalIntelligencer.com

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Asset Management: Taxpayers Receive Tax-Exempt Interest on Settlement

In DeNaples v. Commissioner, 109 AFTR 2d 2012-1419 (March 19, 2012), the U.S. Court of Appeals for the Third Circuit, in partially reversing the U.S. Tax Court, held that taxpayers were in receipt of tax-exempt interest income under Section 103 of the Internal Revenue Code with respect to installment payments made pursuant to a settlement agreement with the commonwealth of Pennsylvania that arose out of an eminent domain proceeding.
TheLegalIntelligencer.com

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Retired Chesco DA to Join Obermayer as Of Counsel

Former Chester County District Attorney Joseph W. Carroll is set to join Obermayer Rebmann Maxwell & Hippel as of counsel on April 23.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 17

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Hidden Pictures: Constitutional Issues With the Red-Light Program

In 2005, Philadelphia started its participation in the red-light camera program. Per this program, cameras have been set up at high-risk intersections in the city in order to effectively catch motorists running red lights.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 18

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 19

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 20

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Is There an Ethical Duty to Convey Offers to Mediate?

There are several reasons that lawyers should convey offers to mediate to their clients, thereby allowing the clients to evaluate the pros and cons of mediation before it is declined.
TheLegalIntelligencer.com

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Nelson Levine Co-Founder Joins Curtin & Heefner

Robert T. Horst, a founding partner of Blue Bell, Pa.-based insurance law firm Nelson Levine de Luca & Horst, has left the firm to join Bucks County firm Curtin & Heefner.
TheLegalIntelligencer.com

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W.Va. Judge Orders Church Trial Judge to Appear As Witness

A West Virginia judge has ordered a priest who presided over the canonical trial of his colleague to appear as a witness in the ongoing Catholic Archdiocese of Philadelphia sex-abuse trial.
TheLegalIntelligencer.com

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Report Says Compliance Focus Led to Health Care Data Breaches

A new report on data breaches in the health care sector reveals the pervasive problem of security threats posed by employees, and indicates that providers often prioritize compliance with government regulations at the expense of implementing comprehensive security measures to safeguard patient information.
TheLegalIntelligencer.com

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Why Do I Have to Provide Bank Statements in My Florida Divorce?

Written by: Lenorae Atter, Attorney at Law

Filing for a divorce in Florida opens up your financial world to the court and the other party. In a Florida divorce, each party is required to submit documents of their paycheck stubs, bank statements (checking and savings), retirement account information, mortgage documents, and the like. Florida divorces or actions involving family matters like paternity cases are governed by the Florida Family Law Rules of Procedures. These rules layout the groundwork for what documents must be provided in order to be in full compliance with the court. So, how does this information help if you are divorcing someone?

As a Jacksonville family law attorney, I believe that these documents, especially bank statements, can reveal more about the other party than any other document provided or required to be provided. Often in cases, both parties claim not to have the financial ability to most anything, including paying attorney's fees, paying for their home, etc. However, the truth of the claim, in my experience, rests in what is contained in the records.

Alimony is based on an ability to pay and a need for alimony. Both of these things can be proven by go through the bank statements of the individuals, the retirement accounts, and the like. While talking to my client or the other party is beneficial, and sometimes crucial, it is these documents that will tell me more than anyone party can or will. In a world where cash has become almost obsolete, most of us use our debit cards, check cards or credit cards to pay for everything from groceries to utilities. These transactions show-up on our bank statements every month as a reminder of where our money is going. In a divorce case, it is evidence of how money is actually being used in the household. If the parties have different accounts, then it is also evidence of how the household bills were historically divided during the marriage. Using these tools can help establish a need and ability for purposes of alimony.

Child support is based on the incomes of the parties. Sometimes, an individual has one main job and does additional side-work of some kind. When asked on a financial affidavit, required in the case, what the party's income is she or he will typically put the income earned from the main job and exclude the other one. However, deposits show up on bank statements, so incomes can actually be based on the available funds each party has on a monthly basis, as may be shown on their bank statements.

In going through a divorce, the benefit of hiring a divorce lawyer is that you are paying for us to do this type of research. The research can be time intensive and going it on your own can be more time consuming than you may imagine. The benefit of having this information is so that you have a better understanding of your own finances during the marriage and post divorce as well. An attorney should be able to help explain how these things will come up in your divorce whether at trial or in mediation.



Jacksonville Divorce Lawyer Blog

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Good Samaritan Laws vs. the Duty to Rescue

When most people think about “Good Samaritan” laws, they’re reminded of the final episode of Seinfeld, in which Jerry and the gang are incarcerated for laughing at, rather than helping, a man who’s being robbed at gunpoint. While most states have Good Samaritan laws, they serve an entirely different purpose than the law in the Seinfeld finale.

In fact, the legal concept depicted in the Seinfeld episode isn’t a Good Samaritan law at all but the duty to rescue. Generally, there is no duty to rescue - meaning you’re in no way legally obligated to aid someone in need of help. However, there are a few exceptions to this rule.

Here are the three situations in which you have a duty to rescue:

You Created the Danger: If you put another person in danger, due to your own negligence, you generally have a duty to rescue that person.
Once You Start, You Can’t Stop: Once you start to rescue someone, you generally have a duty to reasonably follow through.
Special Relationship: If you have a special relationship with the person in danger, you likely have a duty to rescue them. This includes school-student and employer-employee relationships.

If you fail to rescue someone in any of the above circumstances, you may be held liable for their injuries in a personal injury suit.

Illinois, like other states, has no law requiring an individual to render aid to someone who’s in peril. Instead, Illinois’ Good Samaritan Act, like those of most states, protects people who offer aid in emergency situations from legal liability. For example, if a person who nearly drowned suffers bruised ribs as a result of CPR, the Act prevents the person from suing the lifeguard who performed the CPR.

The Act protects Good Samaritans in a number of situations, including offering emergency telephone instructions, providing CPR, and performing the Heimlich maneuver on someone who’s choking. In most situations, however, the defendant must be qualified to perform the services. For instance, in order to be protected from liability for injuries incurred while performing CPR, the Good Samaritan must be trained in CPR.

Don’t let the Seinfeld finale confuse you. Remember: while the duty to rescue requires you to help in the three situations above, Good Samaritan laws protect you from liability once you offer aid.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Personal Injury Law: The Basics (FindLaw)
Negligence (FindLaw)
Barefoot Good Samaritan Saves Woman from Sexual Assault, Robbery (FindLaw’s Chicago Criminal Law Blog)

The Chicago Personal Injury Law Blog

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Apple Hopes AT&T Arbitration Clause Stops Class Action

Apple and its lawyers at Latham & Watkins are hoping that an arbitration clause in AT&T Mobility's contract with its iPhone customers can stop a proposed class action in its tracks — again.
TheLegalIntelligencer.com

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Decrease in LSAT Volume Causing Fees to Rise

Taking the Law School Admission Test is getting more expensive.
TheLegalIntelligencer.com

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Porn Regulation Challengers Gain Chance to Seek Discovery

Challengers to federal laws requiring pornography producers to keep lists of their actors won their bid to seek further discovery with a ruling from the U.S. Court of Appeals for the Third Circuit.
TheLegalIntelligencer.com

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Arguments Heard Over Norms of Letter to Expert's Employer

A defense attorney who sent a letter to the employer of a medical malpractice plaintiff's expert said she should not be sanctioned because lawyers frequently discuss local physicians who testify as experts, especially if they "go out there and espouse a new standard of care."
TheLegalIntelligencer.com

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On 3rd Circuit Panel, O'Connor Hears Echo of Antitrust Case

Former Justice Sandra Day O'Connor heard arguments Thursday in the U.S. Court of Appeals for the Third Circuit that centered on an opinion she joined while sitting on the U.S. Supreme Court in 1986.
TheLegalIntelligencer.com

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Start Thinking About Nominations for Lawyers on the Fast Track

We at The Legal are soon going to begin the process of naming our 2012 Lawyers on the Fast Track ? and we?ll need your help.
TheLegalIntelligencer.com

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US sues to lower prices of e-book best-sellers

WASHINGTON (AP) - The government says avid best-seller readers who use electronic books have been getting ripped off. Tina Fey's "Bossy Pants," Tim Tebow's "Through My Eyes" and Keith Richards' "'Life" - maybe they should have cost less.
TheLegalIntelligencer.com

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Cohen Seglias Picks Up Two-Lawyer Construction Boutique

Cohen Seglias Pallas Greenhall & Furman has brought aboard two-member construction law and litigation firm Byler & Blaker to its Philadelphia office.
TheLegalIntelligencer.com

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US Supreme Court won't hear Pa. killer's appeal

PITTSBURGH (AP) - The U.S. Supreme Court has refused to hear the appeal of one of two men sentenced to death in a killing spree that culminated in a police officer's murder more than three decades ago.
TheLegalIntelligencer.com

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AG Candidate Patrick Murphy Responds to The Legal's Questionnaire

Democratic attorney general candidate Patrick Murphy responds to questions posed by The Legal Intelligencer.
TheLegalIntelligencer.com

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High Court Limits Scope of Torture Victim Act

Foreign organizations, such as the Palestinian Authority, cannot be sued in federal court for the alleged torture or murder of U.S. citizens, ruled a unanimous U.S. Supreme Court on Wednesday.
TheLegalIntelligencer.com

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Ex-Steeler Wins Workers' Comp Benefits, but Not Attorney Fees

The Pittsburgh Steelers do not have to pay the attorney fees related to a former player's workers' compensation case because, though he clearly suffered injuries while with the team, the team reasonably argued he was not disabled as he went on to play for other pro teams, the Commonwealth Court ruled.
TheLegalIntelligencer.com

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FJD Leaders Decide Not to Change Foreclosure Program

Lawyers for Philadelphia homeowners facing mortgage foreclosures say it is good news that the First Judicial District court leadership canceled a plan to put time limits on mandatory conciliation in those cases.
TheLegalIntelligencer.com

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Discrimination bill stopped in the La. Senate

BATON ROUGE, La. (AP) - The Louisiana Senate has shelved a bill that critics charge would tacitly approve state contracts that discriminate based on sexual orientation and other factors
TheLegalIntelligencer.com

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Perfect Storm of Police Misconduct Suits Slams City

In October, city lawyers will likely face two lawsuits that allege some of the most notorious Chicago police misconduct in recent memory, the Chicago Tribune reports. One such suit is that of Christina Eilman, a mentally ill woman who was raped and left permanently disabled after police dropped her off in a high-crime area.

The other suit was brought by Karolina Obrycka, a bartender who alleges that off-duty Officer Anthony Abbate beat her. Both civil suits are currently scheduled to commence in October, creating a perfect storm for city attorneys.

Eilman was arrested after she suffered a mental breakdown at O'hare Airport. Instead of placing her in a hospital for psychological evaluation, police dropped her off in one of the citiest highest-crime areas. After wandering into a nearby high rise, Eilman was sexually assaulted and fell from a seventh-story window. As a result, she is permanently mentally and physically disabled.
Eilman's suit, filed in 2006, has been stalled for over two years due to a pretrial appeal by the city. U.S. District Judge Virgina Kendall was concerned about the delay, and recently requested an October trial date. The problem, however, is that city attorney Matthew Hund is already scheduled to defend the city against Obrycka's suit in October.
Obrycka's injuries were not nearly as serious as Eilman's. However, her attorneys have spent considerable time collecting evidence of an alleged conspiracy by police officials to cover up the incident in the hours after the reported beating took place. The city contends that it's not liable for Abbate's actions because the officer was off duty at the time.
Under the principle of respondeat superior, an employer or principal may be held liable for the wrongdoing of an employee or agent if it was committed within the scope of employment or agency. As Abbate's alleged acts were committed outside of his working hours and scope of duties, the city's defense may be successful.
Judge Virgina Kendall's insistence that Christina Eilman's suit be pushed up to the same month as Karolina Obrycka's suit against the city, is likely a sign of Kendall's concern over Eilman's diminished condition. "That shows extraordinary concern for the victim in this case," retired federal judge Wayne Andersen said. "That shows she is really focused on helping the victim."
Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Judge Rules Bartender's Lawsuit Against Chicago Police Can Go Forward (Fox News)
Personal Injury Law: The Basics (FindLaw)
Stages of a Personal Injury Case (FindLaw)

The Chicago Personal Injury Law Blog

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Court: Judges can consider new patent evidence

WASHINGTON (AP) - The Supreme Court says federal judges can review unsubmitted patent evidence when inventors challenge their rejection by the Patent and Trademark Office.
TheLegalIntelligencer.com

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Second Witness Testifies He Reported Alleged Abuse to Lynn

Another witness in the Catholic Archdiocese of Philadelphia priest sex-abuse case testified he told a defendant in charge of investigating sexual abuse by priests that he was abused by defrocked priest Stanley Gana.
TheLegalIntelligencer.com

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US court limits suits under torture victim law

WASHINGTON (AP) - The Supreme Court ruled unanimously Wednesday that organizations may not be sued for claims they aided in torture or killings abroad under a U.S. law aimed at helping torture victims.
TheLegalIntelligencer.com

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After My Florida Divorce, Am I Required to Make All Repairs to a Home?

Written by: Lenorae Atter, Attorney at La

In a Florida divorce, the parties often have a marital home that has to be divided by the parties regarding either the asset value or the debt owed. However, sometimes the house may simply shift ownership per a divorce agreement by the parties, especially when the home is underwater like most are in today's economy. The shift normally occurs because the party that stayed in the home at the time of separation cannot afford to maintain the home after the divorce is final, but the other party can. As a Jacksonville divorce lawyer, I often receive questions from clients regarding what the home must be in at the time of transfer.

If possible, you want the divorce agreement or order to actually define the condition of the home and what necessary repairs must be done. It does not make sense that the party is returning the home in a better condition than how it was during the marriage, but it also should not be in worse condition. If the party with present possession does not have the ability to maintain the home, then it is unreasonable to expect the spouse to have the ability to fix in and all issues that were present during the marriage. Things such as lawn maintenance that was in place during the marriage should also be kept up. However, completely re-landscaping the yard to make it better looking is not a reasonable cost expectation.

The issues that typically arise in cases are where a spouse is upset about having to move out and then actually depletes the marital value of the home by destroying the property. Destruction of property is not reasonable wear and tear, but actually done to impact the value of the home and the ability for the other spouse to live in it. These actions can actually be brought up to a judge in a contempt and enforcement situation. The offending party may be responsible for all necessary repairs of the damage done and responsible for the attorney's fees for the other party. Destruction of the home is more common than most people would like and is something seen not only in divorces, but in foreclosure cases as well. Understanding that the damage may come back as a cost to you can be a deterrent.

Also, in a divorce proceeding and contempt of the order, the judge can go so far as requiring the offending party to go to jail and give a purge amount of the cost for all repairs. The reason is that a violation of a court order is actually a legal violation that is punishable with time in jail. In a destruction of property action, the contempt may not be the only legal violation, but criminally, there may be action that the police can take for vandalism and intentional destruction of property, if the spouse is caught.

If you have a home that has been or will be divided in a Florida divorce, then you should speak with an attorney about your rights and options. If your home was to be transferred and the other party failed to do something or is trying to impose additional responsibilities, then you may need to file the proper action with the court.

Jacksonville Divorce Lawyer Blog

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Barnes Foundation General Counsel Found Dead at 47

Brett Miller, who was general counsel for the Barnes Foundation in Philadelphia, died suddenly on Saturday. Miller, who was 47 at the time of his death, had been the fine arts foundation's GC since November 2009.
TheLegalIntelligencer.com

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Sprague Firm Litigator Leaves to Open Own Practice

After 28 years in the fold of Sprague & Sprague, Geoffrey R. Johnson has left the firm to open his own practice.
TheLegalIntelligencer.com

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Plaintiff Prevails on Summary Judgment After Loader Injury

A Philadelphia judge has granted partial summary judgment to a man who had his leg amputated above the knee after a 10-year-old ran him over with a 5-ton track loader.
TheLegalIntelligencer.com

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Cozen O'Connor Continues Aggressive Approach to Hiring

Cozen O'Connor announced Tuesday that it has brought aboard three Dewey & LeBoeuf attorneys to its Washington, D.C., and Harrisburg offices.
TheLegalIntelligencer.com

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Barnes Foundation GC Found Dead

The general counsel for the Barnes Foundation was found dead in his home on April 14, according to published reports.
TheLegalIntelligencer.com

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Court rules for private lawyer hired by CA city

WASHINGTON (AP) - The Supreme Court has ruled unanimously that private individuals hired temporarily by local governments have the same protection against civil rights lawsuits as public employees.
TheLegalIntelligencer.com

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Baby Dies After Taking Contaminated Tylenol; Parents Sue

The parents of Markus Cherry, a 2-month-old child who died three days after taking infant-formula Tylenol, have brought a product liability suit in Cook County against McNeil PPC and its parent company Johnson & Johnson, CBS News reports.

Two weeks after Cherry’s death, the drug company issued a recall of the concentrated Tylenol Infants Drops following an FDA study that uncovered bacteria contamination in the drugs.

According to Michael and Malgorzata Cherry, Markus was perfectly healthy prior to being given the grape-flavored Concentrated Tylenol Infant Drops in 2010. Three days after taking the medicine, however, the infant was dead.

Testing later confirmed that harmful bacteria were present in the medication, the Cherrys’ lawsuit contends. FDA inspectors reportedly identified manufacturing and contamination issues at McNeil Consumer Healthcare plant where the medication was manufactured in Fort Washington, Pa.

The lawsuit claims that instead of issuing a formal, public notice of recall, McNeill did a “stealth recall” of the drug, meaning it hired a private company to simply buy out the entire stock of the drugs from retailers. In their suit, the Cherrys blame the drug company for failing to adequately respond to prior FDA warnings and not notifying consumers about the contamination early on.

The suit claims negligent manufacturing, liability for defects and failure to warn consumers, misrepresentation, and consumer fraud. Drug manufacturers have a duty to warn their customers about any side effects of a drug when such side effects are known to occur. Manufacturers aren’t required to warn of unknown dangers. However, they are expected to stay abreast of knowledge regarding their products and side effects and update medical professionals and the public about potentially adverse effects.

The Cherrys’ lawsuit seeks at least $ 350,000 in damages for the death of Markus Cherry. Johnson & Johnson have announced that the contaminated plant that produced the Tylenol Infant Drops will remain closed until 2013.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Parents of Baby Who Died After Taking Tylenol Sue (Chicago Tribune)
Product Liability (FindLaw)
Dangerous Drugs (FindLaw)

 

The Chicago Personal Injury Law Blog

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Ill. lawmakers target practice of jailing debtors

CHICAGO (AP) - Jailed for unpaid debts? It happened to breast cancer survivor Lisa Lindsay.
TheLegalIntelligencer.com

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Court says patent correction needed

WASHINGTON (AP) ? The Supreme Court says the makers of a name brand drug have to correct a patent that could hinder the approval of a generic drug.
TheLegalIntelligencer.com

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Career Defense Lawyer Joins New Plaintiffs Firm

James C. Haggerty, a 30-year veteran of the defense bar and arguably one of the most well-known motor vehicle insurance defense attorneys in the state, is about to become a plaintiffs lawyer.
TheLegalIntelligencer.com

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Products Liability: Plaintiffs Bar Slams Justices' Products Liability Ruling

In the wake of the state Supreme Court's ruling that courts must consider a product's multiple uses when assessing that product's risk, some plaintiffs attorneys have criticized the decision, claiming it gives defendants in products liability cases an unfair advantage.
TheLegalIntelligencer.com

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Workers' Compensation: Pa. High Court Grapples With PTSD Benefits for Police

A lawyer representing a Pennsylvania police state trooper who has post-traumatic stress disorder told the state Supreme Court in Pittsburgh last week that it had the opportunity to break a line of precedent addressing a broad question: Can there be an "abnormal" working condition for police officers?
TheLegalIntelligencer.com

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Freed, Kane Diverge on Health Care, Sandusky Investigation

One of the two Democratic candidates running for state attorney general and her unopposed Republican counterpart took starkly contrasting stances on the Patient Protection and Affordable Care Act championed by President Obama and the lawsuit filed by several attorneys general challenging the controversial health care reform measure.
TheLegalIntelligencer.com

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New Clemens trial begins, with more prosecutors

WASHINGTON (AP) - Jury selection in the Roger Clemens perjury trial began Monday, with a larger prosecution team taking on the famed pitcher following last year's embarrassing mistrial. The government will again try to prove Clemens lied to Congress when he said he never used performance-enhancing drugs.
TheLegalIntelligencer.com

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Fla. redistricting shifts to courtrooms this week

TALLAHASSEE, Fla. (AP) - The state's redistricting discussions shift this week from the Florida Capitol to a pair of courtrooms in Tallahassee.
TheLegalIntelligencer.com

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Former Priest Testifies He Reported Abuse to Lynn

A former priest testified today in the Catholic Archdiocese of Philadelphia sex-abuse case that he left the priesthood because a former priest who he alleges abused him for four years was not taken out of ministry.
TheLegalIntelligencer.com

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Court rejects Skilling appeal again

WASHINGTON (AP) - The Supreme Court has rejected another appeal from Jeffrey Skilling, the ex-CEO of disgraced energy giant Enron.
TheLegalIntelligencer.com

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Litigation: Pretrial Discovery From Non-Parties in Arbitration Under State Law

What happens in arbitrations where the Federal Arbitration Act is not otherwise implicated or controlling, such as a local construction or accident case? Do arbitrators empowered under state law have the authority to order such pretrial discovery from non-parties?
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 16

Can't find a paper, but want a sneak peek at the stories inside The Legal this morning? Consider this your personal delivery service.
TheLegalIntelligencer.com

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Levi Johnston, a Father, Again: Dealing with Paternity and Visitation Issues in Florida

Written by: Lenorae Atter, Attorney at Law

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White-Collar Law: Change May Be Coming to Corporations? Fed. Sentencing

The Supreme Court is poised to issue an opinion that — if the defense prevails — could significantly alter the landscape surrounding the prosecution and sentencing of corporations.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 9

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TheLegalIntelligencer.com

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Average Phila. Jury Verdict Fell 31 Percent in 2011

The average civil jury verdict in Philadelphia Common Pleas Court last year decreased roughly 31 percent, from $ 1.49 million in 2010 to $ 1.02 million in 2011, according to the First Judicial District's civil trial division statistics.
TheLegalIntelligencer.com

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Judge Slaps Gag Order on Sandusky Prosecution

In response to the ?unprecedented publicity? garnered by the prosecution of former Penn State assistant football coach Jerry Sandusky, the judge presiding over the case has blocked those involved in the case from talking about it with the media.
TheLegalIntelligencer.com

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Lynn Questioned Admitted Abuser About Possible 'Seduction' by Student, Document Shows

When a defendant in the Catholic Archdiocese of Philadelphia priest sex-abuse case met with a priest accused of abusing a grade-school student, the defendant asked if it was possible that the priest had been seduced by the student, according to a document read into the record by a Philadelphia District Attorney?s Office detective today.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 10

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TheLegalIntelligencer.com

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Expedited Hearing in Drilling Suit Set for Wednesday

An expedited hearing on the plaintiffs? motion for preliminary injunction in a case in which seven Pennsylvania municipalities and the Delaware Riverkeeper Network are suing over recently passed amendments to the Oil and Gas Act is scheduled to take place tomorrow in Harrisburg.
TheLegalIntelligencer.com

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Recent Age Discrimination Decisions on the American Law Journal

Maybe there's some merit to T-shirt wisdom — maybe "old guys" do rule. With a recent U.S. Court of Appeals for the Third Circuit verdict in the millions, new EEOC regulations and trends in case law, employers should be more careful with who they cut. And that goes for law firms, too.
TheLegalIntelligencer.com

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Circuit Lifts Ban On Public Radio, TV Political Ads

A divided federal appeals court on April 12 struck down as unconstitutional the ban on political and public issue advertisements on noncommercial radio and television stations, rejecting the government's concern about the dilution of educational programming.
TheLegalIntelligencer.com

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How the Apple E-book Suit Could Impact Business, Regulation

The U.S. Department of Justice's antitrust lawsuit against Apple Inc. and five e-book publishers has hackles raised in many corners of the business world, appearing to promise more battle-line drawing over the contours of the digital economy.
TheLegalIntelligencer.com

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Picture Looks Grim for BP Shareholder Claims

BP shareholders are attempting to salvage lawsuits alleging they lost stock value due to misleading and false statements made by current and former directors and officers before and after the 2010 Deepwater Horizon disaster.
TheLegalIntelligencer.com

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Federal Statute Trumps State Jurisdiction in Bank Fees Case

Allegations of exorbitant overdraft fees fit within the narrow scope of state law claims that can be heard in federal court, a federal judge ruled last week.
TheLegalIntelligencer.com

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Antitrust, Monopoly Claims Narrowed, Can Proceed to Jury in Comcast Suit

Antitrust and monopoly allegations filed nearly 10 years ago against Comcast can proceed to a jury, a federal judge ruled last week.
TheLegalIntelligencer.com

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Nancy Glass Petitions for Reargument in Malicious Prosecution Case

A non-precedential opinion from the Superior Court affirming a $ 1.6 million malicious prosecution award against TV personality and producer Nancy Glass is based on a misapplication of Pennsylvania law, Glass? attorneys said in post-trial motions.
TheLegalIntelligencer.com

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Lynn Sought to Avoid 'Scandal' Over Priest's Attraction to Porn, Documents Say

Philadelphia prosecutors obtained thousands of documents from the Catholic Archdiocese of Philadelphia?s secret archives about problematic priests for the trial of the archdiocese?s former secretary of clergy in charge of investigating and monitoring priests who had allegedly sexually abused children or committed other sexual improprieties.
TheLegalIntelligencer.com

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Fresh Ink: Inside Today's Legal - April 11

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TheLegalIntelligencer.com

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Handling Merger Clauses in Amendments

Every well-constructed contract has a provision just as pivotal as the Jesus nut: the merger provision, also known as the integration clause. Without it, the entire contract can be decimated by one party?s assertion that a promise or representation outside the agreement contradicts what exists in the contract. That promise or representation, which can be oral or written, can dramatically change the character of the agreement.
TheLegalIntelligencer.com

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