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

Monday, September 13, 2004

CASES IN THE NEWS

Couple of interesting cases gleamed from the Chicago Sun Times over the last week or so...

First, you may recall Michael Flatley, the Irish-American dancing machine, being accused of rape in a civil lawsuit filed last year by Illinois lawyer Dean Mauro. Shortly after Mauro filed suit, some facts came to light that, well, didn't exactly help his client's case. First, it turned out the woman had filed a fondling claim against a Naperville doctor in 2001. Then it came to light that she had called Las Vegas Police from Illinois to report the alleged crime some 25 days after the alleged attack. Not exactly an immediate outcry. Finally, an eyewitness testified she had seen the accuser kiss Flatley on the cheek the morning after she had spent the night in his room and overheard the accuser tell Flatley she hoped to see him again. Oops - tough to prove an alleged rape case with that kind of testimony. Flatley, who was single at the time, insisted the sex was consensual. While the civil case was on-going, Mauro had threatened to publicize the claim to national and international media. In one letter, Mauro had written that "We are positive that media worldwide will enjoy what they find". Flatley decided to fight back and sued the accuser, Tyna Marie Robertson and Mauro for extortion. Shortly thereafter, the civil case was very quietly dropped. No real shocker there. But Flatley wasn't going away. He pressed on with the extortion claim and Mauro had attempted to get the extortion case dismissed, claiming his statements were protected as free speech. The motion was apparently denied, and the case was heard by the California appellate Court. The Court held that Mauro's written and oral threats amounted to extortion, and as a result, were not protected speech. Flatley has indicated he intends to return from Ireland to watch the trial if it goes forward in California. The above facts demonstrate how every now and then, that high profile case can go very, very, very wrong.

And another interesting article about some anti-drunken driving device out of Norristown, Pa. The device is called an ignition interlock and calls for the driver to blow a series of sober breaths before the car can be started. Jason Reali, claims that he blew so hard during one test that he actually passed out and crashed into a tree and he severely injured his hand. I know what you are thinking - he was sober. The story does raise some interesting questions though. The device supposedly precludes the drunk driver from driving. But allows the car to be operational after the driver, exhausted from blowing so hard, passes out? Sounds like some kinks need to be worked out of this thing.

Friday, September 10, 2004

BEEN AWHILE

Been awhile since I posted. No doubt my public is dismayed...

On the political front, check out Debra Pickett's column in the September 10, 2004 Chicago Sun Times. Great column about Kerry's somewhat incomprehensible approach to winning a presidential election. Pickett articulates what a lot of us Democrats are thinking - like when the hell is this guy going to get back in the game? Maybe he thinks the election is actually November 2005. Bush is beating him like a drum and Kerry is talking about obscure parts of his health care plan. Friends in Boston tell me that Kerry is a vicious, cutthroat politician who will do whatever it takes to win. I certainly hope so, but haven't seen that side of him yet. Lastly, Pickett has a great line comparing Kerry's war hero status to Bush being unable to fulfill his duty of keeping the Gulf of Mexico safe from the Viet Cong.

And how about that Alan Keyes? You gotta love this guy. Was quoted the other day saying that Jesus Christ would not vote for Barack Obama. The message, I guess is that Christ would vote for Keyes. Although I have to think that Christ would have bigger fish to fry than the Illinois Senatorial election. Obama is hands down a far more attractive candidate with a much better handle on issues that matter to the voters of Illinois. And he will bury Keyes in November. But I'll miss Keyes when he slinks back to Maryland. He may be wacky, idiotic and one-dimensional, but he is entertaining.

And finally, settled a case the other day for a dream client. Nice guy who was injured when his car was broadsided by another driver. Had a pretty serious injury to his left arm, necessitaing surgery. When I signed him up he told me wasn't going to bother me, but would let me do my job. And he wasn't lying. Never called. And when I need something from him, I would have it in a day. Convinced the carrier to fork over the $100,000 policy and he couldn't have been happier. Told me he was going to celebrate with a couple of shots of tequila. Couldn't have been more appreciative when he picked up his check. Clients like him make the practice a bit more tolerable.