Closing Argument

A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.

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I hope you enjoy my blog. I am a trial attorney with offices at 100 West Monroe, Suite 1900, Chicago, Illinois. A large portion of my practice involves the representation of persons who have been injured due to auto accidents, work accidents or medical malpractice. In addition, I also also represent a select number of clients with business, commercial or employment disputes. If you wish to talk to me about a case, please contact me at my office, 312/346-3715 or email me at markploftus@aol.com

Wednesday, May 12, 2004

Contact me at markploftus@aol.com

Saw in the paper recently that the Illinois General Assembly voted to ban lawsuits accusing restuarants, food makers and and food distributors of harming the health of consumers with fattening food. The bill now sits on the desk of Governor Blagojevich, awaiting his signature. His spokesman noted that the governor is reviewing the bill and has not yet decided whether to sign it into law. Well he should. I know as a trial lawyer that on principle I should oppose any legislation restricting access to the courts. But I have to admit I agree with those who argue that people have to take some responsibility for their own actions, including what they choose to put into their mouth[in some instances over and over and over....]. Some trial lawyers argue that the law could block future recourse if science eventually discovers dangers in the food, as it did with cigarettes. I just don't see that happening, although we still don't know what the hell is in that secret sauce McDonald's puts on their Big Macs.

Also saw an interesting news release from Victims and Families United, a group aggressively fighting tort reform efforts here in Illinois. The release pointed out that The Illinois Civil Justice League, a group dedicated to tort reform and a frequent critic of Illinois courts actually was dissolved over a year ago. Seems that the group failed to file the required annual report with the Illinois Secretary of State, causing it to be dissolved involuntarily. Boy, talk about your irony. You would think that a group so passionately dedicated to improving the Illinois justice system would be capable of following the simple filing requirements of the Secretary of State.

But wait, there's more. Ed Murnane is one of the principals behind the ICJL and is a particularly vocal critic of the justice system in Illinois. Has written extensively on how people run to court too frequently and that all kinds of reforms are necessary. Well, seems he too has resorted to the courts on occasion. The press release indicates that back in the 80's when Murnane's business was in trouble, he didn't hesitate to take advantage of the legal system - specifically the Bankruptcy Courts. He apparently filed a Chapter 13 plan for his failing public relations business. The release indicates Murnane defaulted twice on the bankruptcy and tried to avoid paying back taxes. Ultimately, unsecured creditors received nothing in the settlement. Another fine example of a tort reformer practicing hypocrisy.

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