find lawyers: 五月 2012

2012年5月31日星期四

Lawyers Make Closing Arguments In Landmark Priest Sex-Abuse Trial

With the Philadelphia priest sex-abuse trial expected to go the jury today, a prosecutor argued that a Catholic Archdiocese of Philadelphia official lied to an investigating grand jury that he couldn't find a list he'd developed out of the church's secret archives of priests accused of sexual abuse and other sexual misconduct.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawyers-make-closing-arguments-in-landmark-priest-sex-abuse-trial.html

Corbett's judicial pick surprises chief justice

HARRISBURG, Pa. (AP) ? Gov. Tom Corbett surprised state Supreme Court Chief Justice Ronald Castille with his first judicial nomination since he became governor, and drew criticism from a top Democratic senator, who said Corbett put a favor for a friend ahead of the duty to ensure the public's access to justice.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/corbetts-judicial-pick-surprises-chief-justice.html

Pa. Firms Find it Tough to Move Up on Am Law 200

The five Pennsylvania-based law firms on The American Lawyer's ranking of the second hundred largest law firms in the country did little moving up or down the chart despite most having increases in gross revenue in 2011.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pa-firms-find-it-tough-to-move-up-on-am-law-200.html

Pepper Hamilton Continues Leadership Changes, This Time With New MP

Pepper Hamilton has named labor and employment partner Thomas J. Cole Jr. as its new managing partner, effective Jan. 1, 2013, the firm announced today.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pepper-hamilton-continues-leadership-changes-this-time-with-new-mp.html

Robbins Geller Partners Notified of Sanctions to Come

A federal judge has notified two partners in a prominent plaintiffs firm that he intends to sanction them for claiming unreasonable expenses related to a securities class action.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/robbins-geller-partners-notified-of-sanctions-to-come.html

One More Decision Down, 19 to Go for High Court

The hot, swamp-like weather engulfing the nation's capital last weekend slowed everyone's pace, including, apparently, the U.S. Supreme Court.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/one-more-decision-down-19-to-go-for-high-court.html

Greenberg Traurig Gets Blank Rome M&A Lawyer Gitlin

David Gitlin, a lifelong Wolf Block partner who had key management roles in the firm, has left his second professional home of Blank Rome to join Greenberg Traurig's Philadelphia office.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/greenberg-traurig-gets-blank-rome-ma-lawyer-gitlin.html

Sandusky's Trial Still on as Scheduled

A squall of rumors that Jerry Sandusky may be accepting a plea deal calmed Wednesday as the judge presiding over the embattled coach's court proceedings revealed that a private meeting among the defense, prosecutors and the judge late Tuesday was nothing more than a conference to settle another defense motion to push the trial back.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/sanduskys-trial-still-on-as-scheduled.html

2012年5月30日星期三

Law Firm Seeks Indemnity From Ex-Partner in Family Court Row

The law firm at the center of the First Judicial District's legal malpractice lawsuit over legal work done on a new family courthouse said that its former partner should indemnify it.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/law-firm-seeks-indemnity-from-ex-partner-in-family-court-row.html

Trial set for August in Gettysburg casino lawsuit

GETTYSBURG, Pa. (AP) - A one-day trial is scheduled for Aug. 14 in a dispute over a partnership involved in a failed casino project proposed near the Gettysburg battlefield.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/trial-set-for-august-in-gettysburg-casino-lawsuit.html

Ex-Pa. Senate aide gets 6-12 years in sex case

HARRISBURG, Pa. (AP) - A former Pennsylvania legislative aide has been sentenced to 6 to 12 years in state prison for trying to arrange a sexual tryst with a teenage boy.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/ex-pa-senate-aide-gets-6-12-years-in-sex-case.html

Judge Suggests Review of Damages Cap's Constitutionality

A Bucks County judge has suggested that the constitutionality of a $ 500,000 statutory cap on damages owed by Pennsylvania governmental entities be reviewed in a potential test case.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judge-suggests-review-of-damages-caps-constitutionality.html

US high court won't hear 'Let's Go Thunder' case

OKLAHOMA CITY (AP) - The U.S. Supreme Court has declined to hear an appeal from a man who argued that he owned the copyright to the phrases "Go Thunder" and "Let's Go Thunder."
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/us-high-court-wont-hear-lets-go-thunder-case.html

No Liability Found For Sending Texts to Driver Before Crash

One can't be sued for allegedly helping to cause an accident by texting a driver, a New Jersey judge held May 25 in a widely watched case.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/no-liability-found-for-sending-texts-to-driver-before-crash.html

Plaintiffs Lawyers, Regulators Eye Facebook IPO

Facebook Inc.'s initial public offering has prompted a dash to the courthouse by plaintiffs attorneys representing shareholders who invested in the social media giant.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/plaintiffs-lawyers-regulators-eye-facebook-ipo.html

Judge Rejects Firm's Lawsuit Over Referral Fee Paid to Associate

A Philadelphia judge entered summary judgment in favor of an attorney sued by the law firm Bochetto & Lentz over a $ 28,800 referral fee the attorney paid to the firm's former associate for passing along a slip-and-fall case.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judge-rejects-firms-lawsuit-over-referral-fee-paid-to-associate.html

2012年5月29日星期二

Stevens & Lee Ups PPP 1 Percent; Other Metrics Fall

Stevens & Lee saw revenue dip by $ 1 million in 2011 and expenses rise more than 8 percent, but the firm was able to increase partner profits marginally through a reduction in equity partners and small rate increases.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/stevens-lee-ups-ppp-1-percent-other-metrics-fall.html

Court: Judges shouldn't have overturned conviction

WASHINGTON (AP) - The Supreme Court has overturned an appeals court decision that would have released a Pennsylvania man convicted of helping to kill a woman in an alley nearly two decades ago.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/court-judges-shouldnt-have-overturned-conviction.html

Catholic Church Official Admits Second Lie in Priest Sex-Abuse Case

On the third day of cross-examination, Monsignor William J. Lynn admitted to a second lie.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/catholic-church-official-admits-second-lie-in-priest-sex-abuse-case.html

Court Defers to ERISA Plan Administrator; Worker Can't Get Early-Retirement Benefits

An ERISA plan administrator with discretionary power to determine eligibility for benefits is entitled to a high degree of deference from the courts, a Western District of Pennsylvania federal judge wrote.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/court-defers-to-erisa-plan-administrator-worker-cant-get-early-retirement-benefits.html

Fresh Ink: Inside Today's Legal - May 29

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

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/fresh-ink-inside-todays-legal-may-29.html

Pa. Attorney General Asks for Expedited En Banc Argument on Act 13

State Attorney General Linda Kelly filed a petition on Friday asking the Commonwealth Court to hear en banc arguments on the constitutionality of Act 13 during the June arguments session scheduled to take place in Harrisburg.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pa-attorney-general-asks-for-expedited-en-banc-argument-on-act-13.html

Investigator Hired by Archdiocese Had No Experience with Sex Crimes

A retired FBI agent hired by the Catholic Archdiocese of Philadelphia to look into alleged sex abuse by priests testified today that he had no background in investigating allegations of sex crimes and that he did not receive training on investigating possible sexual abuse.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/investigator-hired-by-archdiocese-had-no-experience-with-sex-crimes.html

Reed Smith Picks Up Dechert Life Sciences Partner

Reed Smith has hired former Dechert partner Stephen J. McConnell to the firm?s life sciences and health industry group in Philadelphia.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/reed-smith-picks-up-dechert-life-sciences-partner.html

2012年5月28日星期一

Suit Over Lackawanna Co. Guardian Ad Litem Changes Defendants

Three judges ? instead of the entire county judiciary ? have been named as defendants by a Northeast Pennsylvania man who has filed a lawsuit over Lackawanna County's guardian ad litem program.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/suit-over-lackawanna-co-guardian-ad-litem-changes-defendants.html

Suit Over Lackawanna Co. Guardian Ad Litem Changes Defendants

Juvenile Law: New Juvenile Rules Aim to Protect Confidentiality

A revamped version of Pennsylvania's Rules of Juvenile Court Procedure will prevent schools from taking additional disciplinary measures when a child gets in legal trouble outside of school, attorneys said.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/juvenile-law-new-juvenile-rules-aim-to-protect-confidentiality.html

Judiciary: Without Orie Melvin, Has the High Court Lost Its Tiebreaker?

A scan of state Supreme Court opinions since Justice Joan Orie Melvin joined the bench in 2010 shows a number of cases in which she was or would have been the deciding vote on a deeply divided bench.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judiciary-without-orie-melvin-has-the-high-court-lost-its-tiebreaker.html

Fresh Ink: Inside Today's Legal - May 8

After Convictions, Ciavarella and Orie Suspended From Bar

The Pennsylvania Supreme Court issued two orders today placing former Luzerne County Common Pleas Court Judge Mark A. Ciavarella Jr. and state Senator Jane C. Orie on temporary suspension from the Pennsylvania bar because of their criminal convictions.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/after-convictions-ciavarella-and-orie-suspended-from-bar.html

Settlement Talks Begin in Duck-Boat Accident Trial

Testimony stopped in order to hold a settlement discussion on the second day of the civil trial related to the double fatality on a duck-boat tour two years ago.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/settlement-talks-begin-in-duck-boat-accident-trial.html

Fresh Ink: Inside Today's Legal - May 9

What Prince Can Teach Us About the Art of Repudiation

The case between Prince and a perfume company had not been going well. The action arose from a celebrity endorsement deal with the company for a perfume named after Prince?s album, "3121."
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/what-prince-can-teach-us-about-the-art-of-repudiation.html

2012年5月27日星期日

En Banc Commonwealth Court Panel Will Hear Arguments on Act 13

The Commonwealth Court has agreed to hear oral arguments on the constitutionality of Act 13 in Harrisburg in June and counsel for a number of oil and gas operators and industry organizations will be allowed to weigh in.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/en-banc-commonwealth-court-panel-will-hear-arguments-on-act-13.html

Sandusky Seeks to Delay Trial; McQueary Files Writ Against Penn State

Jerry Sandusky?s attorney, Joseph Amendola, filed a motion for continuance Tuesday seeking to delay the start of his client?s sex-abuse trial.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/sandusky-seeks-to-delay-trial-mcqueary-files-writ-against-penn-state.html

Fresh Ink: Inside Today's Legal - May 11

Inventory - An Often Abused Asset

Tax reduction through inventory manipulation is not an uncommon practice. A company desiring to reduce income tax liability can achieve this result through inventory manipulation. Because this illegal tax-reducing technique does occur, the forensic accountant, business valuator, litigator, etc., must be aware of how it works.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/inventory-an-often-abused-asset.html

Stradley Ronon, Blank Rome Growing in D.C.; Blank Rome Expands in Florida

While the country?s firms scramble over Dewey & LeBoeuf lateral groups, some area firms have been focused elsewhere to find some high-profile additions.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/stradley-ronon-blank-rome-growing-in-d-c-blank-rome-expands-in-florida.html

Fresh Ink: Inside Today's Legal - May 21

Two AUSAs in Stevens Trial Cited for Professional Misconduct

A Justice Department internal investigation of the botched prosecution of former Alaska Senator Ted Stevens concluded two prosecutors committed reckless professional misconduct and should be sanctioned through forced time off without pay.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/two-ausas-in-stevens-trial-cited-for-professional-misconduct.html

Two AUSAs in Stevens Trial Cited for Professional Misconduct

Facebook's Lawyers Get Some Guidance From Federal Judge

Attorneys have yet to reveal the terms of Facebook Inc.'s pending settlement of a privacy-related lawsuit over its "Sponsored Stories" feature.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/facebooks-lawyers-get-some-guidance-from-federal-judge.html

2012年5月26日星期六

Prosecutors Get a Win in Double Jeopardy Case

The U.S. Supreme Court took a narrow view of the Constitution's double jeopardy clause on May 24, allowing the retrial of an Arkansas man on murder charges even though the jury in his first trial voted unanimously that he was not guilty.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/prosecutors-get-a-win-in-double-jeopardy-case.html

3rd Circuit Sympathetic to Law Firms Caught in Document Battle

Blank Rome and another law firm got some breathing room last week from the U.S. Court of Appeals for the Third Circuit in a sealed case that had the firms caught between a defunct corporation and the government, which is seeking hundreds of allegedly privileged documents that are being held by Blank Rome. The government is seeking the documents as part of a grand jury investigation involving clients of the two firms.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/3rd-circuit-sympathetic-to-law-firms-caught-in-document-battle.html

Mass Torts No Longer King of Dechert's Litigation Focus

One of Dechert's marquee practices has long been its products liability and mass torts group, but recent departures in that practice highlight how the firm might have become a victim of its own success.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/mass-torts-no-longer-king-of-decherts-litigation-focus.html

Phila. Bar Association Launches Legal Assistance for Military Veterans

The Philadelphia Bar Association is expanding its legal assistance for active-duty military personnel and their families to all veterans who cannot afford or do not have access to the legal services they need.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/phila-bar-association-launches-legal-assistance-for-military-veterans.html

Fresh Ink: Inside Today's Legal - May 22

Purchasing Department Fraud - A Major Threat and Hard to Detect

One of the greatest fraud risks that you and your clients face is within the purchasing function, as a tremendous amount of funds flow through most companies? cash disbursement and purchasing departments.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/purchasing-department-fraud-a-major-threat-and-hard-to-detect.html

Fresh Ink: Inside Today's Legal - May 23

Fresh Ink: Inside Today's Legal - May 24

2012年5月25日星期五

Corbett Nominates Ward to Allegheny Bench, Elevates Aichele to Chief of Staff

Governor Tom Corbett said today he would nominate his current chief of staff, William F. Ward, to a vacant seat on the Allegheny County Court of Common Pleas.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/corbett-nominates-ward-to-allegheny-bench-elevates-aichele-to-chief-of-staff.html

Judge: Anti-gay marriage law is unconstitutional

OAKLAND, Calif. (AP) - A second federal judge in California has struck down a law denying benefits to partners in a gay marriage.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judge-anti-gay-marriage-law-is-unconstitutional.html

Scuffle follows hearing in Pa. musician's killing

DOYLESTOWN, Pa. (AP) - The alleged gunman in the botched robbery killing of a suburban Philadelphia musician scuffled with a sheriff's deputy escorting him from the courtroom where he and two other men were ordered held for trial.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/scuffle-follows-hearing-in-pa-musicians-killing.html

CDC Attacks (Defames?) Fast Food With Questionable Stats

Fighting the nation's obesity epidemic is a noble cause. Fighting dirty, however is not. The Center for Disease Control recently released some data on fast food portion sizes, and the news outlets seem to be eating it up, including the Huffington Post.
For those in the fast food know, the CDC's recently published infograph on portion sizes seems deceptive on the surface; if it is, does the attempted end of obesity justify the means?

The claims behind the infograph indicate that fast-food portion sizes have spiraled out of control. In the 1950s, a soda was only 7 oz. Now, the average soda served at a restaurant is 42 oz. Similar stats are presented for hamburgers, going from 3.9 oz to 12 oz, and fries, increasing from 2.4 to 6.7 oz.

The problem is, those numbers, to put it politely, seem like rubbish.

Chicago's most-local fast food company would probably be McDonald's, which is headquartered in Oak Brook, Illinois. It's also the former employer of a certain legal blogger. McDonald's has been targeted a lot in the past few years, both over portion sizes and over the use of pink slime.

They responded to both, first by eliminating the "Super Size" and second by taking pink slime out of their burgers.

We'll use their menu as the counterpoint to the CDC's claims.

The CDC states that the average beverage size is 42 oz. That would be the same as the now-defunct super-size. From knowledge and experience, the most common size is the default medium size, 21 oz, which comes with the meal.

Hamburgers have also apparently exploded in girth, with the average size now at 12 oz, or .75 pounds. The Big Mac, unless things have changed recently, has two .1 oz patties (precooked weight, of course), plus the bun, lettuce, onions, pickles, cheese, and special sauce. The double quarter pounder, is well, .5 pounds of meat. It's also one of their largest items.

Yes, that's far too much knowledge of fast food sizing.

So, at least on the surface, the numbers seem like inaccurate, to say the least. The next question, at least to a lawyer, is what should McDonald's and the other fast food restaurants should do about it?

Well, a defamation suit is one option, but it's a stretch. McDonald's could allege that the CDC's false statements are harming their reputation, decreasing confidence in their brand, and inducing hostile or disagreeable opinions against the company and its food.

However, sovereign immunity would probably bar that exact cause of action. The Tort Claims Act of 1946 allowed lawsuits against the government with exceptions. Libel and slander, also known as defamation, are both exceptions, meaning a lawsuit under those theories is untenable.

That still doesn't mean the CDC should stop informing the public about portion control. The cause of promoting health and reducing the obesity epidemic is important, but it doesn't justify campaigns based on incomplete or inaccurate statistics. 

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Restaurant Portion Size: Nearly All Entrees Exceed Nutrition Recommendations (Huffington Post)
McDonald's 'Hamburglar' Charged in Break-In (FindLaw's Legally Weird)
McDonald's Defends Happy Meals: Mom Can Say 'No' (FindLaw's Common Law Blog)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/cdc-attacks-defames-fast-food-with-questionable-stats.html

Pa. Justices to Consider 'Error in Judgment' Med Mal Defense

The state Supreme Court has agreed to hear arguments on whether medical malpractice defendants may rely on an "error in judgment" defense at trial.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pa-justices-to-consider-error-in-judgment-med-mal-defense.html

Sandusky charity to shut down, transfer programs

PHILADELPHIA (AP) - The charity for troubled youths started by Jerry Sandusky more than three decades ago ? and through which the retired Penn State assistant football coach met the boys he is charged with sexually abusing ? said Friday it is seeking court approval to shut down and transfer its programs to a Texas-based youth ministry that serves abused and neglected children.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/sandusky-charity-to-shut-down-transfer-programs.html

Parker McCay Sues Its Insurers to Cover Fired Worker's Suit

Parker McCay has gone to federal court to compel its insurers to cover a suit by a law librarian who was wrongly accused of setting off a false fire alarm and dismissed.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/parker-mccay-sues-its-insurers-to-cover-fired-workers-suit.html

Facebook IPO Brings Flurry of Lawsuits From Shareholders

And now, the lawsuits.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/facebook-ipo-brings-flurry-of-lawsuits-from-shareholders.html

Jury Sides With Google on Oracle Patent Claims

Google Inc. took home a defense verdict on Wednesday in its smartphone fight with Oracle Corp. after a jury rejected all claims of patent infringement.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/jury-sides-with-google-on-oracle-patent-claims.html

2012年5月24日星期四

Record Number of Finishers in 2012 Bar Association 5K

The 33rd annual Philadelphia Bar Association Run was held on May 20, and almost 1,300 participants finished the 5K course.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/record-number-of-finishers-in-2012-bar-association-5k.html

Madoff-Related Suit Against Duane Morris Settled by Developer

The legal malpractice claim brought by a prominent developer against Duane Morris for allegedly creating a trust that exposed the developer to Bernie Madoff feeder funds has quietly settled.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/madoff-related-suit-against-duane-morris-settled-by-developer.html

Third Circuit Extends Test for Bankruptcy Claims

The U.S. Court of Appeals for the Third Circuit has extended the parameters of its test used to determine when there is a valid claim against a company undergoing bankruptcy.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/third-circuit-extends-test-for-bankruptcy-claims.html

Church Official Admits One Lie, One Failure to Get a Priest into Treatment

Under cross-examination for a second day, Monsignor William J. Lynn admitted that he made two mistakes regarding one of the most notorious of the sexually abusive priests in the Catholic Archdiocese of Philadelphia.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/church-official-admits-one-lie-one-failure-to-get-a-priest-into-treatment.html

Harrisburg financial overseer expected to be fired

HARRISBURG, Pa. (AP) -The former financial custodian for Pennsylvania's cash-strapped capital says he stepped down from the post because he expected to be dismissed.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/harrisburg-financial-overseer-expected-to-be-fired.html

Suits Say Tracking Software Violates Wiretap Act

The allegation a blogger laid out in a YouTube video seemed truly alarming — his smartphone was tracking his text messages and keystrokes, apparently recording his private thoughts. Voices in Congress immediately demanded answers from the cellphone service companies and the maker of the tracking software, Carrier IQ Inc.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/suits-say-tracking-software-violates-wiretap-act.html

A Little Asbestos Exposure Not Equal to A Lot, Justices Rule

In a test case with potentially far-reaching implications on the types of scientific methodology that may be used in asbestos trials, a unanimous state Supreme Court has declined to endorse the theory that exposure to one fiber of asbestos is tantamount to a lot.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/a-little-asbestos-exposure-not-equal-to-a-lot-justices-rule.html

Lynn Takes Stand In His Own Defense

The Catholic Church official charged with endangering two men who testified they were sexually abused by two priests as youths said in his defense Wednesday that he was motivated to go through the Archdiocese of Philadelphia's secret archives of troubled priests after looking at a file of a priest accused of indecent conduct and seeing that the priest had prior, similar misconduct.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lynn-takes-stand-in-his-own-defense.html

2012年5月23日星期三

Saul Ewing's Revenue Inches Up, PPP Down 3 Percent

Saul Ewing saw its gross revenue barely rise and its profits per partner (PPP) fall slightly in what managing partner David S. Antzis called a "stabilizing" year after experiencing big gains in 2010.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/saul-ewings-revenue-inches-up-ppp-down-3-percent.html

State court to decide Orie Melvin pay question

PITTSBURGH (AP) - A Pennsylvania court will determine whether Supreme Court Justice Joan Orie Melvin should be paid while she defends herself against criminal corruption charges.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/state-court-to-decide-orie-melvin-pay-question.html

Penn State Hires New GC From Johns Hopkins

Penn State has announced Stephen S. Dunham as its new general counsel, pending approval by the board of trustees in July.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/penn-state-hires-new-gc-from-johns-hopkins.html

Church Official Takes Stand in His Own Defense

After two months of testimony and hundreds of documents entered into evidence about what Monsignor William J. Lynn did when he was in charge of handling allegations of sexual abuse by priests for the Archdiocese of Philadelphia, Lynn is finally telling the jury his side of the story.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/church-official-takes-stand-in-his-own-defense.html

Son of a ... What to Do When You've Been Rear-Ended

Well, that wasn't fun. You were driving along and some idiot on a unicycle fell into the street. You slammed your breaks on to avoid running him over and a Cadillac Escalade just crumpled your Ford Probe like a soda can. Rear-ended.
Quick, what's your next step?
That’s going to depend on the other driver. If they decide to take off, that is a hit and run. Try to notice any distinguishing characteristics of the vehicle. A few characters off of the license plate as well as the make, model, and color will help the police track them down.

More unique details, especially if the plate wasn’t visible could also help. Do they have a Los Angeles Lakers flag hanging from the window? Do they have a “My Child is an Honor Student in Reform School” bumper sticker?

Assuming they do not run, ask yourself if you are in any pain. You’ve just slammed on your breaks, which caused you to fly forward. Then you were hit, sending you backward. Then that darn airbag popped out and punched you right in the nose. If you are feeling pain in your neck or back, call 9-1-1 immediately and seek medical attention. Whiplash is common in rear-ending accidents.

You also need to seek medical attention for the other driver, if they are severely injured. Do not move them if they are hurt, as moving them could make spinal injuries worse.

Now, if the other driver stayed, and neither party is injured, the process is pretty simple. If possible, both cars should be moved to the shoulder of the road to avoid causing another accident. Both drivers shoul exchange information, including license and insurance details. Do not admit fault, even if you think you were at fault. Leave it for the insurance companies to fight over.

If the accident caused more than $ 500 in damage, you are legally required to file a police report here in Chicago at your nearest police station within 24 hours.

If the damage is severe, one or both cars won’t move, or someone is injured, now is the time to contact the police. They will come out, investigate the accident, and possibly cite one or both drivers if they determine that there was a traffic violation. They’ll also handle your required police report.

You also must file a report with the Department of Transportation within 10 days. If you fail to file a report, you could face a $ 2,500 fine or up to a year in jail. The police officer’s Traffic Crash Report Form is printed on carbon paper. One of the attached copies is the Red and White form that you must finish filling out and submit to the DOT.

With the miracle of modern technology, now is also your chance to document the scene. Get pictures of both vehicles, as well as the overall scene. If there are lengthy tread marks coming from either vehicle, capture those as well. If you can get a picture of the unicyclist who started the whole thing, it’ll at least be good for a story.

Finally, you’ll want to contact your insurance carrier immediately. Though you were the one rear-ended, they’ll probably have to debate fault with the other person’s insurance and work out payment for your vehicle and other injuries.

Though this whole scenario is obviously speculative and hypothetical, it’s important to keep these tips in mind during this upcoming Memorial Day weekend. This weekend is one of the busiest time of the years for roads and traffic accidents. A car is rear-ended every 8 seconds in America. It’s important to be prepared.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Car Accident and Safety Resources (FindLaw’s Learn About the Law)
Are Hands Free Devices Any Safer? (FindLaw’s Chicago Personal Injury Law Blog)
Family of Mother Killed in Accident Sues Truck Driver, Channahon (FindLaw’s Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/son-of-a-what-to-do-when-youve-been-rear-ended.html

Dechert Opens in Chicago With Katten Muchin Trio

Dechert has opened an office in Chicago with the addition of three securities litigators from Katten Muchin Rosenman.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/dechert-opens-in-chicago-with-katten-muchin-trio.html

Fair Use Limits Set In University Digital Copying Decision

An Atlanta federal judge has set the standard for when schools can give their students access to excerpts of copyrighted works without paying licensing fees — although her approach may be revisited in a potential appeal by publishers who had challenged practices at Georgia State University.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/fair-use-limits-set-in-university-digital-copying-decision.html

Arguments Begin in Gupta Insider Trading Trial

Rajat Gupta never made a dime from allegedly feeding Galleon Group hedge fund leader Raj Rajaratnam inside information, his lawyer told a Southern District of New York jury Monday.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/arguments-begin-in-gupta-insider-trading-trial.html

New Traffic Court Rule Aims to Prevent Lengthy Jailings

Philadelphia Traffic Court has implemented new rules requiring that persons sent to jail before trial for a past failure to appear in court or failure to pay fines and costs must have the merits of their case heard in three days.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/new-traffic-court-rule-aims-to-prevent-lengthy-jailings.html

2012年5月22日星期二

Attorney for Lynn Focuses on Cardinal's Control

As the defense opened Tuesday of a Catholic Church official charged with endangering two men who say priests sexually abused them, defendant Monsignor William J. Lynn's defense counsel sought to emphasize that Lynn could take no action to address sexual abuse without the imprimatur of Cardinal Anthony J. Bevilacqua as archbishop of Philadelphia.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/attorney-for-lynn-focuses-on-cardinals-control.html

Pittsburgh diocese fights contraception mandate

PITTSBURGH (AP) - Two Catholic dioceses in Pennsylvania and related social service entities filed separate lawsuits asking federal judges to overturn a looming federal health care mandate to provide contraceptive and abortion-inducing drugs or services as part of their employee health care plans.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pittsburgh-diocese-fights-contraception-mandate.html

Arlington Heights Explosion Kills One, Injures Ten

An explosion in an Arlington Heights manufacturing plant cost one man his life and injured ten others, including three police officers, reports CBS 2 Chicago.
The explosion happened just after 8 a.m. in the Arens Controls Company plant, which manufactures push-pull shift and throttle controls for vehicles.
Though no official cause of the explosion has been determined, witnesses stated that the explosion may have been caused by a chemical reaction gone bad.
The chemical involved was potassium hydroxide (KOH), which according to CBS is highly reactive towards acids and highly corrosive.
It can cause an emission of flammable hydrogen gas if it reacts with certain metals. The explosion ripped off part of the roof.
Though it may be difficult to prove that someone was negligent in how they handled the chemicals, especially after the explosion destroyed the rear of the factory, there is a negligence theory that could be applicable.
Res ipsa loquitor is a negligence theory that means "the thing speaks for itself." It is usually used where the negligence obvious and no accident could have occurred absent negligence.
An example is a barrel rolling out of a second story window and crushing someone, like Mario versus Donkey Kong.

Image courtesy of Wikimedia Commons
A different, and more realistic example would be a defectively produced glass bottle that explodes and disfigures someone after being delivered directly from the factory.
Though it may be difficult to prove that the bottle was defective or that it was shipped incorrectly, someone employed by the factory must have been negligent at some point in order to cause the injury.
The same theory could apply here. Though it may be impossible to prove who in the factory was directly at fault, if some employee hadn't been negligent with chemicals, there arguably would have been no explosion.
Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
One dead, 10 injured in Arlington Heights warehouse explosion (Chicago Sun Times)
Ill. High Court Reviewing $ 43M Ford Motor Co. Injury Ruling (FindLaw's Chicago Personal Injury Law Blog)
Vjollca Lecaj Sues McDonald's For Glass In Her Sandwich (FindLaw's Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/arlington-heights-explosion-kills-one-injures-ten.html

Judge: Cop-killer's attorney can't use abuse claim

EASTON, Pa. (AP) - A judge has barred the lawyer for a man convicted of killing a Pennsylvania police officer from discussing alleged sexual abuse suffered by his client as a jury decides if he deserves the death penalty.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judge-cop-killers-attorney-cant-use-abuse-claim.html

DeWeese denied bail, return to prison expected

HARRISBURG, Pa. (AP) - A county judge is denying former Pennsylvania House Democratic leader Bill DeWeese's request to remain free on bail pending appeal, and DeWeese's lawyer says he'll return to state prison.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/deweese-denied-bail-return-to-prison-expected.html

Duane Morris Picks Up 16 Dewey Lawyers

Duane Morris is the latest Pennsylvania firm to benefit from the troubles of Dewey & LeBoeuf, hiring 16 lawyers from the New York, Boston and Washington, D.C., locations of the dismantling firm.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/duane-morris-picks-up-16-dewey-lawyers.html

UIM Benefits Waiver Applies to Vehicles Added to Existing Policy

A federal judge has predicted that the Pennsylvania Supreme Court would hold that a waiver of underinsured motorist benefits carries forward to vehicles added to an existing policy.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/uim-benefits-waiver-applies-to-vehicles-added-to-existing-policy.html

Government Contracts: High Court to Mull Scope of Board of Claims' Jurisdiction

The state Supreme Court has agreed to hear arguments over whether the state Board of Claims has exclusive jurisdiction to decide cases arising from contracts with the state.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/government-contracts-high-court-to-mull-scope-of-board-of-claims-jurisdiction.html

Judiciary: The Loneliest Justice?

At the beginning of this month, after the state Supreme Court granted allocatur in a workers' compensation case and disposed of it in the very same order, Justice Thomas G. Saylor wrote to dissent.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judiciary-the-loneliest-justice.html

2012年5月21日星期一

Analysis: Orie Melvin's Suspension Creates a Less Effective Bench, Observers Say

The suspension of Justice Joan Orie Melvin on Friday in the wake of criminal charges has left behind a state Supreme Court bench with limited effectiveness and few remedies, attorneys and legal watchers said.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/analysis-orie-melvins-suspension-creates-a-less-effective-bench-observers-say.html

High court will take up wiretaps lawsuit

WASHINGTON (AP) - The Supreme Court says it will consider shutting down a legal challenge to a law that lets the United States eavesdrop on overseas communications.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/high-court-will-take-up-wiretaps-lawsuit.html

Class Action Firm Cohen Milstein Reopens in Phila. With Qui Tam Group

Washington, D.C.-based class action firm Cohen Milstein Sellers & Toll will open anew in Philadelphia and create a whistleblower practice through the hire of three Berger & Montague attorneys.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/class-action-firm-cohen-milstein-reopens-in-phila-with-qui-tam-group.html

Pa. Firms Raising Rates, Not Revenue, Report Shows

Pennsylvania law firms were able to raise rates by more than any other region in the country in the first quarter, but that didn't result in an increase in revenue thanks to rising expenses and lower demand, according to a flash report by Citi Private Bank Law Firm Group.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pa-firms-raising-rates-not-revenue-report-shows.html

Lawsuit: Burn Victim Sexually Assaulted By Male Nurse

On Thursday, a woman filed a lawsuit against Stroger Hospital of Cook County, claiming that she was sexually assaulted while a patient in the hospital’s burn unit, CBS News reports.

According to the suit, a male nurse that was assigned to the woman repeatedly made non-consensual sexual contact with her, culminating in forced intercourse.

In her suit, the woman recounts several instances of inappropriate sexual conduct from the nurse. One incident involved a stethoscope. According to the patient, it “appeared to her that [the nurse] was using the stethoscope to touch her breasts for his own pleasure.”

In another instance, the nurse is accused of taking liberties while giving the patient a sponge bath. According to the suit, the nurse began groping the woman while washing her. When she objected, the nurse allegedly told her “it was his job.”

Finally, the suit claims that at one point the nurse turned off the lights and pulled the curtain around the patients bed. He then allegedly climbed on top of the woman. According to the suit, the patient asked the nurse to use a condom. He got one, then sexually assaulted her, the patient alleges. The woman claims that she did not ask him to stop because she was afraid he would hurt her.

The suit claims negligence on the part of the hospital and a violation of the Gender Violence Act. The Act allows anyone who has been subjected to gender-related violence to bring a civil suit against the perpetrator.

“Gender-related violence” encompasses not only violence but also any “physical invasion of a sexual nature under coercive conditions.” The woman is probably suing the hospital under respondent superior, a doctrine that makes an employer liable for the wrongdoings of its employee if they were committed within the scope of employment.

The patient’s lawsuit is seeking $ 50,000 per count in punitive damages from Stroger Hospital for the sexual assault claims.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Sexual Assault Alleged at Stroger Hospital (Chicago Sun-Times)
Personal Injury Law: The Basics (FindLaw)
Stages of a Personal Injury Case (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawsuit-burn-victim-sexually-assaulted-by-male-nurse.html

Court: Interpretation and translation different

WASHINGTON (AP) - The Supreme Court says interpretation and translation are not the same thing when it comes to paying fees associated with federal civil lawsuits.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/court-interpretation-and-translation-different.html

Fresh Ink: Inside Today's Legal - May 14

Twitter Contests Subpoena in Occupy Wall Street Case

Twitter has taken center stage in a battle royale over releasing tweets from an Occupy Wall Street protester last fall according to an article on USAToday.com.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/twitter-contests-subpoena-in-occupy-wall-street-case.html

Growth in a No-Growth Market

The ongoing fall of Dewey & LeBoeuf has served as a reminder of the troubled state of the economy and what it means for law firms. More than ever, it is critical for firms to find new ways to bring in (and maintain) business. The status quo is no longer enough for firms to flourish.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/growth-in-a-no-growth-market.html

2012年5月20日星期日

Fresh Ink: Inside Today's Legal - May 15

USPTO Validates RPost's Registered Email Patent

RPost, which provides proof of sending email, hopes that the USPTO's recent validation of its patent for Registered Email will bring an end to litigation against competitors like Trustify.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/uspto-validates-rposts-registered-email-patent.html

Law Enforcers, Privacy Advocates Debate Cellphone Data Bill

Law enforcement representatives and privacy advocates clashed on Capitol Hill on May 17 over a bill that would require law enforcement to get a search warrant before getting cellular phone data that can track the user's location.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/law-enforcers-privacy-advocates-debate-cellphone-data-bill.html

Suit Alleging Honda A.C. Malfunctions Settles for $38 Mil.

Plaintiffs claiming defective air-conditioning systems in Honda and Acura vehicles have settled their class action suit with the car maker for $ 38.5 million.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/suit-alleging-honda-a-c-malfunctions-settles-for-38-mil.html

The Post-IPO World of Facebook GC Ted Ullyot

TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/the-post-ipo-world-of-facebook-gc-ted-ullyot-2.html

Comments Sought on Order Deferring Punitives in Mass Torts

Further changes are being made for mass torts cases in Philadelphia.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/comments-sought-on-order-deferring-punitives-in-mass-torts.html

Fresh Ink: Inside Today's Legal - May 16

Contract Drafting in the Age of Computers

Imagine your physician practicing medicine identically to the doctors in Charles Dickens? time. Ridiculous, right? However, we lawyers are still drafting contracts virtually identically to the solicitors who practiced in the days of Bleak House.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/contract-drafting-in-the-age-of-computers.html

2012年5月19日星期六

Trustee Comments on Reinstatement of His Malpractice Suit Against K&L Gates

Mark Kirschner, the trustee of bankrupt bottled-water producer Le-Nature?s, called a Superior Court?s decision to reinstate his $ 500 million malpractice suit against K&L Gates a ?major victory for the Le Natures Liquidating Trust.?
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/trustee-comments-on-reinstatement-of-his-malpractice-suit-against-kl-gates.html

Fresh Ink: Inside Today's Legal - May 17

Men Would Breast Feed to Get a Job ... And Other Notes From Our Women in the Profession Luncheon

Two Named to Fill Vacancies on U.S. Middle District Court

President Obama has nominated Matthew Brann and Malachy Mannion for the two vacant seats on the bench in the Middle District of Pennsylvania.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/two-named-to-fill-vacancies-on-u-s-middle-district-court.html

Fresh Ink: Inside Today's Legal - May 18

Hearing From the Deaf

I recently discussed in this space how technology has aided attorneys in their representation of the deaf. Since that time, I have received some feedback that I think is worthwhile to share.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/hearing-from-the-deaf.html

The Post-IPO World of Facebook GC Ted Ullyot

When Ted Ullyot joined Facebook as general counsel in October 2008, he was coming aboard a fast-growing social network that was turning a new leaf in its corporate history, having hired Chief Operating Officer Sheryl Sandberg away from Google earlier that year. Ullyot arrived with both the White House and AOL-Time Warner on his resume — two bits of experience that were clearly a plus for a company that was thinking ahead and thinking big.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/the-post-ipo-world-of-facebook-gc-ted-ullyot.html

Bucks Co. Jury Sides With Landlord in Apartment Mold Case

A Bucks County jury sided with the defendant landlord in a case in which a tenant claimed she had become ill because of a mold problem in her apartment that the landlord had allegedly failed to either remedy or disclose to her before she began renting.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/bucks-co-jury-sides-with-landlord-in-apartment-mold-case.html

2012年5月18日星期五

Two Nominated to Federal Bench, but Will They Be Confirmed?

President Obama has made nominations for the two open seats on the federal bench in the Middle District of Pennsylvania, which had been operating at half capacity until Robert Mariani was confirmed last year. If the latest two nominees, Matthew Brann, a Republican, and Malachy Mannion, a Democrat, are confirmed by the Senate, the bench will be at full strength.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/two-nominated-to-federal-bench-but-will-they-be-confirmed.html

Campaign finance law before appeals court in Va.

RICHMOND, Va. (AP) - A government lawyer has asked an appeals court in Virginia to reverse a judge's ruling that the ban on corporate campaign contributions in federal elections is unconstitutional.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/campaign-finance-law-before-appeals-court-in-va.html

Skechers USA Settles Lawsuit

HARRISBURG (AP) - Attorneys general from 44 states and the District of Columbia, along with the Federal Trade Commission have reached a settlement with the popular shoe company Skechers USA Inc., resolving allegations that the company made unsubstantiated claims of numerous health benefits in marketing its line of toning shoes.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/skechers-usa-settles-lawsuit.html

Lawsuit: Pizza Delivery Man in a Rush, Smashed into Cop Car

Ever ordered from a pizza place that guaranteed a fast delivery? A Chicago police officer is paying the price for those fast delivery guarantees, the Chicago Tribune reports.

Officer Brian Berka has filed a lawsuit in Cook County Circuit Court against Di Nico’s Pizza Berwyn Inc. and its delivery driver. The suit alleges that Berka was injured when a pizza delivery man failed to yield to his police car.

According to the suit, Berka and his partner were responding to a robbery call in Chicago on May 13, 2011. Berka’s police car reportedly had its emergency lights and sirens on as it headed east on South Boulevard.

Nickolas Cruz, a driver for Di Nico’s, allegedly failed to move to the side and yield to the police car. Near the intersection of East Avenue and Village of Oak, Cruz’s 2003 Hyundai XG3501 struck the police cruiser, according to the suit. Berka, who was sitting in the passenger seat, claims to have been injured in the crash.

Berka may be suing Di Nico’s under a theory of respondeat superior, or vicarious liability. Under the doctrine, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment. As Cruz was delivering pizzas for Di Nico’s at the time, the accident would probably be considered to be within the scope of his employment.

However, Cruz was an independent contractor of Di Nico’s, not an employee, according to Di Nico’s district manager Carlo Piccione. Generally, employers aren’t responsible for the negligence of their independent contractors, only that of their employees. Therefore, Berka’s claim against Di Nico’s may not be allowed.

Officer Bryan Berka’s lawsuit is seeking over $ 50,000 in unspecified damages. According to district manager Carlo Piccione, Nickolas Cruz no longer works for Di Nico’s Pizza.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Personal Injury Law: The Basics (FindLaw)
Stages of a Personal Injury Case (FindLaw)
Accident & Injury Law (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawsuit-pizza-delivery-man-in-a-rush-smashed-into-cop-car.html

Supreme Court Suspends Justice Orie Melvin in Wake of Pending Charges

Pennsylvania Supreme Court Justice Joan Orie Melvin will be charged today in Allegheny County with nine criminal counts alleging that she used her office staff to perform campaign work, according to a statement by District Attorney Stephen A. Zappala Jr.'s office.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/supreme-court-suspends-justice-orie-melvin-in-wake-of-pending-charges.html

Parts of Pa. education firm lawsuit to proceed

PITTSBURGH (AP) - A federal judge has ruled that a lawsuit can proceed against a large for-profit education company accused of using improper sales tactics to lure unqualified students and the billions of dollars in financial aid they bring.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/parts-of-pa-education-firm-lawsuit-to-proceed.html

Oracle Attorney Creates Procedural Path for Damages

Any money Oracle Corp. may get as a result of its copyright infringement suit against Google Inc. won't be awarded any time soon.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/oracle-attorney-creates-procedural-path-for-damages.html

Class Action Over NYPD Stop-and-Frisk Policy OK'd

Alluding to what she called "overwhelming evidence" that the New York Police Department is running a centralized stop-and-frisk program that has led to thousands of unconstitutional stops, a federal judge on Wednesday certified a 2008 class action suit challenging the controversial policy.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/class-action-over-nypd-stop-and-frisk-policy-okd.html

Federal Judge OKs Plan to Repay Victims of Ponzi Scheme

The receiver assigned to manage assets left in the wake of a Ponzi scheme may begin to implement her plan to repay defrauded investors, as a federal district judge has overruled the objections of some of those investors.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/federal-judge-oks-plan-to-repay-victims-of-ponzi-scheme.html

2012年5月17日星期四

Eckert Seamans Names First Female Board of Directors Chair

Pittsburgh-based Eckert Seamans Cherin & Mellott has announced Heidi B. Hamman Shakely as the new chair of its board of directors, replacing Stephen R. Delinsky, who is stepping down after 16 years in the position.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/eckert-seamans-names-first-female-board-of-directors-chair.html

Search for new Indiana appeals judge narrowed to 5

INDIANAPOLIS (AP) - A state judicial panel has narrowed its search for a new Indiana Court of Appeals judge.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/search-for-new-indiana-appeals-judge-narrowed-to-5.html

Judge Acquits Co-Defendants of One Conspiracy Charge in Priest Sex-Abuse Case

The judge presiding over the priest sex-abuse trial acquitted the cleric in charge of reviewing allegations of sexual abuse or other misconduct by priests with minors of conspiring to endanger the welfare of a 30-year-old man who says a priest attempted to rape him.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/judge-acquits-co-defendants-of-one-conspiracy-charge-in-priest-sex-abuse-case.html

Buchanan Ingersoll Acquires 7-Lawyer Manion McDonough in Pittsburgh

Buchanan Ingersoll & Rooney has acquired seven-lawyer litigation boutique Manion McDonough & Lucas in Pittsburgh.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/buchanan-ingersoll-acquires-7-lawyer-manion-mcdonough-in-pittsburgh.html

Hawaii Supreme Court upholds camper conviction

LIHUE, Hawaii (AP) - The Hawaii Supreme Court has upheld the conviction of a Kauai man who argued he couldn't be convicted of illegal camping because it's a constitutionally protected native Hawaiian practice.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/hawaii-supreme-court-upholds-camper-conviction.html

Securities Fraud Suit Against Pfizer Gets Green Light

A federal judge has refused to dismiss a class action suit accusing Pfizer Inc. of securities fraud for failing to disclose relevant data from a study it conducted about its arthritis drug Celebrex.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/securities-fraud-suit-against-pfizer-gets-green-light.html

More Amici Joining Criminal Case Cert Bids

The chances of convincing the Supreme Court to grant review in a criminal case are astronomically low. So an increasing number of petitioners are making their pitch to the court with high-powered amicus curiae groups on their side.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/more-amici-joining-criminal-case-cert-bids.html

The Philadelphia Association of Paralegals Calendar of Events

Today, the public relations and marketing committee meeting is set for 12:30 p.m. at Rawle & Henderson, 1339 Chestnut St., 17th floor.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/the-philadelphia-association-of-paralegals-calendar-of-events.html

2012年5月16日星期三

Supreme Court Takes Up Admissibility of Text Messages

In what could be a landmark criminal case regarding electronic communications, the state Supreme Court has agreed to hear an appeal over whether "unauthenticated" text messages may be admitted as evidence during trial.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/supreme-court-takes-up-admissibility-of-text-messages-2.html

Supreme Court Takes Up Admissibility of Text Messages

State Argues $150 Mil. Risperdal Suit Should Have Gone to Jury

Some of the Commonwealth Court's judges seemed skeptical at oral arguments today as to whether Janssen Pharmaceutica defrauded the commonwealth out of $ 150 million in payments for antipsychotic drug Risperdal or if it was just a lack of research on behalf of the state.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/state-argues-150-mil-risperdal-suit-should-have-gone-to-jury.html

Cook County Pays $600k to Settle Police Torture Suit

On Monday, Cook County commissioners agreed to pay $ 600,000 to settle a civil suit brought by a former prison inmate who claimed that police tortured him, the Chicago Tribune reports.

Michael Tillman alleges that Chicago police detectives working under Lt. Jon Burge tortured him until he confessed to rape and murder in 1986. The settlement will remove the county as a defendant in the lawsuit, leaving Burge, the officers, the city, and former Mayor Richard Daley as defendants.

Tillman spent more than 23 years in prison for the crimes. In January 2010, he was freed after a special prosecutor determined that Tillman’s conviction was based on “coerced statements.”

In 2011, Burge was convicted of perjury and obstruction of justice for lying during a civil suit, claiming he never used torture to obtain confessions, or even knew that torture was occurring. He is currently serving a term in federal prison. The city has reportedly spent over $ 30 million in legal fees and settlement payments stemming from suits claiming torture under Burge.

Former Mayor Daley is accused of covering up the use of torture during his time as both the state’s attorney and the mayor. Daley has denied the allegations. The city has paid for his defense as well.

Tillman is probably suing Daley and the city under the doctrine of respondeat superior. Under the doctrine, an employer can be held liable for the wrongdoings of an employee if they were committed within the scope of employment.

In certain circumstances, an employer can be held liable for even the intentional wrongs of an employee if they were committed, at least, in part on the employer’s behalf. Tillman is likely arguing that Burge and his detectives committed the alleged acts of torture for the benefit and safety of the city, making the city liable under respondent superior.

Last year, Michael Tillman won a federal court ruling that kept former Mayor Richard Daley as a defendant in the police torture suit. A deposition of Daley is scheduled for July 13.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
County OKs $ 600,000 Settlement in Police Torture Case (Chicago Sun-Times)
Personal Injury Law: The Basics (FindLaw)
First Steps in a Personal Injury Claim (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/cook-county-pays-600k-to-settle-police-torture-suit.html

Plaintiffs Have No Standing to Sue Over Off-Label Drug Uses

A woman who was prescribed medications for off-label uses doesn't have standing to sue the drug company that marketed them, the U.S. Court of Appeals for the Third Circuit held.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/plaintiffs-have-no-standing-to-sue-over-off-label-drug-uses.html

Pa. Bishops Formed Committee to Shield Secret Archives From Discovery

The late Cardinal Anthony J. Bevilacqua and other Pennsylvania bishops formed an ad hoc committee to "better protect ... from civil law discovery" secret-archive files of priests who had a history of problems, including of allegations of sexually abusing minors.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/pa-bishops-formed-committee-to-shield-secret-archives-from-discovery.html

'Antiquated' Pa. funeral home law struck down

ALLENTOWN, Pa. (AP) - Anyone who's ever been to a Pennsylvania funeral home probably noticed they don't provide food there. State law prohibits it.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/antiquated-pa-funeral-home-law-struck-down.html

Letter: Pro Bono Lawyers' Impact on Divorce Suits

Philadelphia VIP, the hub of pro bono in Philadelphia, has partnered with Harvard Law School and is participating in a study that seeks to evaluate the impact of providing legal representation to low-income individuals in divorce cases in Philadelphia.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/letter-pro-bono-lawyers-impact-on-divorce-suits.html

Suit Against Citizens Savings Bank Over Forged Checks Proceeds

A Lackawanna County judge has allowed a family of business owners to proceed with their suit against a bank for honoring forged checks, despite the bank's protests that the business owners were negligent for entrusting the monitoring of its bank account to the bookkeeper who was forging the checks.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/suit-against-citizens-savings-bank-over-forged-checks-proceeds.html

In Wrongful Firing Case, Legal Mal Claim Can Proceed

The lawyer who advised the Harrisburg School District on its decision to fire three top administrators will have to defend himself against legal malpractice claims after the district was sued by its ex-administrators, a federal judge ruled.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/in-wrongful-firing-case-legal-mal-claim-can-proceed.html

2012年5月15日星期二

Medical Malpractice Reform, After 10 Years, Credited for Lower Caseload

A lighter medical malpractice caseload in Pennsylvania has become the "new normal" as reforms initiated by the state Supreme Court reach their 10th anniversary, attorneys and jurists say.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/medical-malpractice-reform-after-10-years-credited-for-lower-caseload.html

Federal judge considering ballot law challenge

DENVER (AP) ? A federal judge is considering legal challenges to a Colorado law that sets strict limits on ballot petitions.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/federal-judge-considering-ballot-law-challenge.html

Federal Judge Greenlights $11 Bil. Whistleblower Suit

A federal judge in Western Pennsylvania refused to dismiss a qui tam suit alleging Pittsburgh-based Education Management Corp., which runs over 100 campuses, defrauded the federal government of $ 11 billion in federal student aid by violating the terms of the Higher Education Act.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/federal-judge-greenlights-11-bil-whistleblower-suit.html

Database Computes Real Opportunities, Costs of Law School

Law School Transparency has unveiled a comprehensive database detailing a broad range of information designed to guide prospective law students about what they might be getting into — including school-by-school statistics about post-graduation employment and salaries, tuition rates and student debt loads.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/database-computes-real-opportunities-costs-of-law-school.html

NC city awaits court ruling on marriage amendment

WINSTON-SALEM, N.C. (AP) - Winston-Salem city officials say they'll wait for a court ruling on the state's new constitutional amendment defining marriage before giving any further consideration to offering domestic partner benefits.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/nc-city-awaits-court-ruling-on-marriage-amendment.html

NC city awaits court ruling on marriage amendment

3 members of Texas Supreme Court face re-election

AUSTIN, Texas (AP) - Three members of the all-Republican Texas Supreme Court face re-election this year, but two will have to survive primary opponents who accuse the court of becoming too pro-business.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/3-members-of-texas-supreme-court-face-re-election.html

Family Law: Justices Take Up Will-Contest Proceeds in Divorce Case

The Supreme Court has agreed to take up a case of first impression that asks whether settlement proceeds from a will contest are marital property subject to equitable division.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/family-law-justices-take-up-will-contest-proceeds-in-divorce-case.html

Cozen Seeking to Reopen Dismissed Lawsuit Against It

Cozen O'Connor is looking to reopen a discontinued lawsuit filed against it by former Wolf Block lawyers, but a Philadelphia trial judge said there was nothing inconvenient or harassing to the firm that would warrant opening the case to rule on a motion he said the firm never needed to file.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/cozen-seeking-to-reopen-dismissed-lawsuit-against-it.html

Family of Mother Killed in Accident Sues Truck Driver, Channahon

The family of a Channahon woman who was killed in 2011 when a semi-trailer hit her car has brought a wrongful death suit against the truck driver and the woman’s hometown, the Chicago Sun-Times reports.

On May 10 of last year, 44-year-old Carolyn A. Grey was driving west on U.S. 6 in Channahon. According to police, a semi-trailer hit Grey’s SUV near Bell Road, forcing the vehicle into a pole.

Grey was pronounced dead at the scene of the accident, according to authorities. Her two children who were in the SUV with her were injured in the accident.

Grey’s family filed the lawsuit against the truck driver Michael Duffy and his employer, Estes Express Lines Inc. Although it hasn’t been reported, it’s likely that the family is suing the driver for negligence. According to Will County court records, Duffy was never cited for the crash.

The lawsuit also names Channahon as a defendant, claiming that the pole that Grey’s SUV was pinned against should’ve collapsed. According to the suit, if the pole had collapsed, the force of the impact would’ve been diminished.

The wrongful death suit is seeking more than $ 1 million in damages. Pecuniary, or financial, injury is generally the main measure of damages in a wrongful death action. Pecuniary damages often include loss of support from wages or otherwise, lost prospect of inheritance, and medical and funeral expenses. In calculating damages, the court will likely look at Grey’s salary as an ICU nurse at Provena Saint Joseph Medical Center and multiply it by the projected number of years she would’ve worked had she lived. The family may also claim damages for loss of companionship or consortium.

In suing Estes Express Lines Inc., the family of Carolyn A. Grey is likely arguing respondeat superior, a doctrine that makes an employer liable for the wrong of an employee if the act was committed within the scope of employment.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Carolyn Grey Remembered as Sweet Mom Who Touched Those She Knew (Channahon-Minooka Patch)
Wrongful Death Overview (FindLaw)
Personal Injury Law: The Basics (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/family-of-mother-killed-in-accident-sues-truck-driver-channahon.html

Government: High Court Balances Coroner's Act With Right to Know

The state Supreme Court held oral arguments last week in Harrisburg in the appeal of a media company that was prohibited from immediately looking at a coroner's autopsy report to find out the manner in which a Pennsylvania college student died under the Right-to-Know Law.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/government-high-court-balances-coroners-act-with-right-to-know.html

2012年5月14日星期一

Madina Lake Bassist May Want to Sue Man for Brutal Beating

Last week, 35-year-old Justin Pivec was found not guilty of attempted murder for a 2010 attack that left a bassist for a Chicago rock band close to death, the Chicago Tribune reports.
Matthew Leone, bassist for Madina Lake, was reportedly brutally beaten when he tried to stop Pivec from assaulting Pivec's wife in 2010. Although Pivec was acquitted of the criminal charges, Leone may wish to file a civil suit against Pivec to recover his considerable expenses.
On the early morning of June 29, 2010, Pivec allegedly had pinned his wife against a fence on West Ohio Street and was choking her. Leone tried to intervene when he heard the bloodied woman calling for help.

When Leone approached, Pivec reportedly punched the man in the face. Leone fell to the ground, and Pivec began kicking the man around 10 times in the head and face. Leone suffered massive head injuries and had to have a third of his skull removed to relieve pressure on the brain, according to prosecutors.

While both criminal cases and civil suits can stem from the same incident, there are important differences between the two actions. A criminal case is brought by the government against an individual accused of a crime, while a civil suit is brought by an individual against a person who has failed to carry out a legal duty. While a sentence in a criminal case is meant to punish the convicted individual, damages in a civil suit are meant to compensate the plaintiff for the injury suffered.

If the alleged facts are accurate, Pivec may be liable to Leone for the intentional tort of battery. Battery is defined as the intentional touching, or application of force, to the body of another in a harmful or offensive manner, without the person’s consent.

Last July, fellow Chicago band The Smashing Pumpkins held a fundraiser for Matthew Leone. The domestic battery case against Justin Pivec is set to go to trial on July 27.

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Madina Lake Rockers ‘Shocked’ By Attacker’s Not Guilty Murder Verdict (Contactmusic.com)
Personal Injury Law: The Basics (FindLaw)
First Steps in Personal Injury Claim (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/madina-lake-bassist-may-want-to-sue-man-for-brutal-beating.html

Suit: Police Beat Four Men in Bar Room Brawl

Trial in a civil suit against the city and Chicago police officers alleging police brutality commenced this week, the Chicago Tribune reports.

More than a dozen officers are facing allegations, including excessive force and failure to intervene, over a barroom brawl that broke out between off-duty officers and four men playing pool at the Jefferson Tap & Grille in December 2006.

Barry and Aaron Gilfand, Adam Mastrucci, and Scott Lowrance were playing pool at the bar on the night the incident took place. Six off-duty Chicago police officers were also at the bar, after attending a Christmas party. One officer, Paul Powers, was reportedly in a bad mood and had to have his gun taken from him by the other officers.

At around 3:30 a.m., a fight broke out between the two groups. According to the four men, they were assaulted after one of the officers said, “Game over,” while pushing the pool balls into the table’s pockets. When officers responded after the bar called 911, the off-duty officers allegedly waved them off.

The Cook County state’s attorney charged Powers and two other officers with aggravated battery for the attack. However, all three officers were acquitted of the criminal charges.

At the civil trial, the jury was shown a surveillance video that captured the fight. ”You see in the video the arrogance inside and outside [the bar],” Christopher Smith, the plaintiffs’ attorney, said. “Knowing they could get responding officers to turn a blind eye.”

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 off-duty officers are true, they could be held liable for civil battery.

The on-duty officers who responded to the call will likely argue qualified immunity, a defense that protects government officials from liability for the violation of a person’s rights.

At the trial, Brian Gainer, an attorney for the officers, painted a different picture of the fight at Jefferson Tap & Grille. “This is mutual,” Gainer said. “Pushing, shoving, grabbing, holding. This is not a one-sided attack.”

Related Resources:

Find a Chicago Personal Injury Attorney (FindLaw)
Civil Trial Over Jefferson Tap Fight Begins (CBS News)
Personal Injury Law: The Basics (FindLaw)
Perfect Storm of Police Misconduct Suits Slams the City (FindLaw’s Chicago Personal Injury Law Blog)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/suit-police-beat-four-men-in-bar-room-brawl.html

Superior Court Revives $500 Million Malpractice Claim Against K&L Gates

The Pennsylvania Superior Court has reinstated a $ 500 million malpractice suit against K&L Gates and accounting firm Pascarella & Wiker for their alleged failure to detect fraudulent activity at the now bankrupt Le-Nature's when the firms conducted an internal investigation of the company years before the bankruptcy.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/superior-court-revives-500-million-malpractice-claim-against-kl-gates.html

Lawsuit: Chicago Priest Molested Teen for Years

Last week, a 45-year-old man filed a civil suit against the Archdiocese of Chicago, claiming that a priest repeatedly sexually molested the man when he was a teenager.

According to the lawsuit, the abuse occurred between 1981 and 1984. The victim claims that the molestation caused him to suffer severe emotional trauma.

According to the lawsuit, the archdiocese had been notified that the accused priest was sexually molesting young boys, yet took no action. In addition, the suit claims that the archdiocese concealed the abuse from the police, parishioners, and the victim's family.

The victim is likely suing the Chicago Archdiocese for a negligence cause of action. In a negligence suit, a plaintiff must show that the defendant owed him a legal duty, and the defendant's breach of that legal duty directly led to the plaintiff's injury.

Here, the man will likely claim that the archdiocese not only had a duty to investigate the claims of child molestation, but also to ensure the safety of minors who were under the archdiocese's supervision. The victim must then show that he suffered harm as a direct result of the archdiocese's failure to perform that duty.

As the man suffered severe emotional trauma as a result of the molestation, he may sue the archdiocese for the intentional infliction of emotional distress as well. That would require him to show that the priest's extreme conduct intentionally or recklessly caused the man severe emotional distress. Considering that sexual molestation of a teenager is both extreme and reckless behavior, the victim likely has a good claim.

According to the lawsuit, the accused priest has been employed by at least four parishes in the Chicago area and was ordained in or around 1974.

Related Resource:

Find a Chicago Personal Injury Attorney (FindLaw)
Suit: Ex-Altar Boy Claims Priest Molested Him (CBS News)
Personal Injury Law: The Basics (FindLaw)
Proving Fault: What is Negligence? (FindLaw)

The Chicago Personal Injury Law Blog

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/lawsuit-chicago-priest-molested-teen-for-years.html

Fox Rothschild Ups Revenue 7.3 Percent, PPP 3.5 Percent

At the close of a fiscal year that saw the firm open two new offices through lateral acquisitions, Fox Rothschild experienced gains in its revenue and partner profits.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/fox-rothschild-ups-revenue-7-3-percent-ppp-3-5-percent.html

High court nixes appeals over shipwreck treasure

WASHINGTON (AP) - The Supreme Court has again steered clear of an international dispute over the treasure salvaged from a 19th century shipwreck.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/high-court-nixes-appeals-over-shipwreck-treasure.html

Eckert Adds Nine Attorneys in Delaware

After solidifying its Delaware Court of Chancery practice with some recent lateral hires, Eckert Seamans Cherin & Mellott is now focused on expanding its civil litigation footprint in the state with the addition of Mark L. Reardon's team to its Wilmington office.
TheLegalIntelligencer.com

View this post on my blog: http://onlinefindlawyers.com/find-lawyers/eckert-adds-nine-attorneys-in-delaware.html

订阅：评论 (Atom)