tag:blogger.com,1999:blog-63032262011-10-04T14:48:59.400-07:00A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.comBlogger741100tag:blogger.com,1999:blog-6303226.post-1104300485875142992004-12-28T21:20:00.000-08:002004-12-28T22:08:05.876-08:00

Before reviewing several cases I've recently seen in the news, a quick comment on my Top Ten Hot Legal Commentators Contest...it sucked. Two weeks after the post and not a single comment, much less a vote. Man, what a disappointment. I really thought the idea was quite visionary. Apparently not. CASES IN THE NEWS... Hey, the Governator is being sued. By an Illinois lawyer nonetheless.

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com26tag:blogger.com,1999:blog-6303226.post-1103010288731680902004-12-13T22:56:00.000-08:002004-12-13T23:44:48.733-08:00

Before announcing the contest noted above, I have to take some time to congratulate someone I am very close to - myself. In looking through my past blogs for the year, I correctly predicted that the prosecution would drop Kobe Bryant's case on August 16, 2004. In the interests of complete disclosure however, the very next day, August 17, 2004 I waivered - but did not change my prediction.

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com23tag:blogger.com,1999:blog-6303226.post-1102661014299243702004-12-09T21:59:00.000-08:002004-12-09T22:43:34.300-08:00

On Thursday, December 9, 2004 the Chicago Tribune did a story on the possible execution of an innocent man in Texas. The article was written by Maurice Possley and Steve Mills. Certainly worth a read. Cameron Willingham was prosecuted for the murder of his three children after the home they rented in Corsicana, Texas went up in flames back in December of 1991. One of the key witnesses was a

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com8tag:blogger.com,1999:blog-6303226.post-1102488774816659582004-12-07T22:23:00.000-08:002004-12-07T22:52:54.816-08:00

The first lawsuits are now on file growing out of the brawl at Auburn Hills between the Indiana Pacers and the fans behind their bench. According to recent news reports, Mr. William Paulson has sued the Pacers, Ron Artest, Stephen Jackson and Jermaine O'Neal for the injuries he suffered after the trio opened up a can of whup ass on him. The injuries were not specified. Speaking of the brawl,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com1tag:blogger.com,1999:blog-6303226.post-1101276120149048782004-11-23T21:38:00.000-08:002004-11-23T22:02:00.150-08:00

The November 22, 2004 Chicago Sun Times contained an excellent editorial on the subject of capping damages. The editorial, a rebuttal to an earlier column in the Sun Times, was drafted by Daniel M. Kotin and Daniel S. Kirschner, two trial attorneys with Corboy & Demetrio. Their article raise several important points: 1) First, contrary to popular legend, the number of doctors in Illinois is

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1100844964754712862004-11-18T21:49:00.000-08:002004-11-18T22:16:04.753-08:00

The Chicago Tribune reported today that House Republicans voted to change a rule they had enacted in 1993 in order to protect embattled Representative Tom DeLay, that tiny little former exterminator from Texas. The new rule was approved by a voice vote in a closed door meeting of House Republicans. In effect, it states that a party committee would review any felony indictment of a party leader

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com110tag:blogger.com,1999:blog-6303226.post-1100672917665327532004-11-16T21:54:00.000-08:002004-11-16T22:28:37.666-08:00

Once again guilty of not blogging for a number of weeks. No really good excuse, apart from poor planning... Took the election results hard...particularly because I was foolish enough to buy into the "Exit Poll" data some of the blogs were showing. Zogby, at about 5:00 pm Chicago time had it a Kerry landslide, giving him 311 electoral votes. Not quite. And that electoral map is going to be

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com4tag:blogger.com,1999:blog-6303226.post-1098682864871375752004-10-24T22:03:00.000-07:002004-10-24T22:45:15.850-07:00

Recently saw a blurb on the CNN.com news page that caught my eye. Seems a New York firefighter was on trial for theft of some 911 items from the WTC site. His case was tried to a jury and he was convicted. The defendant, Samuel Brandon, and his lawyer, Ronald Kliegerman, ran into a juror outside the courthouse after the verdict. The juror, Mr. John Anastas, described in the article as "visibly

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com14tag:blogger.com,1999:blog-6303226.post-1098513153450193502004-10-22T23:06:00.000-07:002004-10-22T23:32:33.450-07:00

Have seen some interesting cases reported in the news last couple of weeks... In late September, a Belleville, Illinois jury ordered that a father pay his daughter $6 million dollars for molesting her 16 years ago, when she was 6 years of age. The defendant filed for bankruptcy just a week before the verdict, but counsel for his daughter indicated that the bankruptcy filing won't protect him

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com9tag:blogger.com,1999:blog-6303226.post-1098337014245454992004-10-20T22:12:00.000-07:002004-10-20T22:36:54.246-07:00

In the words of George W. this blogging stuff can be hard work. Having to post blogs on a regular basis is hard work. Haven't posted in over a month. And a whole lot of stuff to comment on... Can't help myself on the presidential race. Coming down to the wire and both sides agree it is a horse race. Some commentators even suggesting now that Bush could win the popular vote and lose the

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com124tag:blogger.com,1999:blog-6303226.post-1095140834746762302004-09-13T22:10:00.000-07:002004-09-13T22:47:14.746-07:00

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

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1094883945831829152004-09-10T22:58:00.000-07:002004-09-10T23:25:45.830-07:00

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

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1094015013871098072004-08-31T21:28:00.000-07:002004-08-31T22:03:33.870-07:00

Met with a nice older man today who got screwed for exercising his rights. He got hurt at work and told his supervisor about it. Not surprisingly, the supervisor ignores it. The client keeps after him and keeps getting ignored. Ultimately, client has to hire a lawyer who files a comp claim for him. A week after he files his comp claim, guess what? They fire him. Call it an "economic

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com16tag:blogger.com,1999:blog-6303226.post-1093936125489840742004-08-30T22:55:00.000-07:002004-08-31T00:08:45.490-07:00

Read a copy of the William Kennedy Smith lawsuit today at the Smoking Gun.com. Interesting pleading. Have to admit - I probably wouldn't have filed this lawsuit. Way too many facts that have to be explained away to a jury. By way of background, the plaintiff alleges she and Smith worked together from 1997 through late 1999. One January evening in 1999, plaintiff and some friends went out to

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com4tag:blogger.com,1999:blog-6303226.post-1093244110774952722004-08-22T23:13:00.000-07:002004-08-22T23:55:10.773-07:00

Couple more cases of note from the Appellate Court... In Grady v. Sikorski the First District Appellate Court was faced with a novel question - did the Illinois Residential Real Property Disclosure Act apply to a transaction where the structure on the property is an uninhabitable building? The Act basically provides that when selling residential real estate, the seller must complete a form

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com37tag:blogger.com,1999:blog-6303226.post-1093154013158933472004-08-21T22:06:00.000-07:002004-08-21T22:53:33.156-07:00

Couple of cases I've seen in the last couple of weeks that merit comment. In Salte v. YMCA, the Second District Appellate Court of Illinois faced the question of whether a health club has a duty to have defibrillators on site for emergencies. Terry Salte was exercising at a YMCA health club on one of the treadmills. The YMCA employed a paramedic who was on duty that day, a couple of machines

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com9tag:blogger.com,1999:blog-6303226.post-1092810250070395802004-08-17T22:39:00.000-07:002004-08-17T23:24:10.070-07:00

After going on in the last post how I think the prosecution will drop their case against Kobe Bryant, saw an article in the August 9, 2004 Sports Illustrated that makes me a little less certain. According to the article, in the Scoreboard section and written by Jeff Benedict, the prosecution intends to subpoena a 22 year old Florida woman who had an alleged run-in with Bryant at the Orlando,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com1tag:blogger.com,1999:blog-6303226.post-1092726798873026322004-08-16T23:22:00.000-07:002004-08-17T00:13:18.873-07:00

Haven't had the time to post since returning from vacation a couple of weeks ago for a variety of reasons. First, had a mountain of work upon my return and had to attend to that. Secondly, my secretary recently quit, so everyday I was bogged down in administrative/secretarial crap that takes way too much time. Finally, after a couple of weeks of putting out fires and typing my own Notices for

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1090620292724927062004-07-23T15:03:00.000-07:002004-07-23T15:04:52.723-07:00

OUT OF TOWN Just a note that I will be away for several days and will resume posting on or about July 31, 2004.

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1090388962110954912004-07-20T22:18:00.000-07:002004-07-20T22:49:22.110-07:00

STATE FARM TAKES ON ON THE CHIN State Farm Insurance company recently took it on the chin in the Circuit Court of Cook County, Illinois.  Earlier this year, Mr. Thomas Kelm sued State Farm Insurance for denying his claim on a totaled car.  After prevailing on that claim, Kelm sued for nearly $60,000 in attorney fees against State Farm for allegedly denying the existence of his claim.  On June 14

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com13tag:blogger.com,1999:blog-6303226.post-1090215037691531102004-07-18T21:53:00.000-07:002004-07-18T22:30:37.690-07:00

HOLD THE PRESSES - ILLINOIS DOCTORS NOT FLEEING THE STATE   Been awhile since my last post, and lots to report...   Contrary to the reports published by the Tort Reform people, doctors are not lined up at the borders of Illinois, waiting their turn to flee.  In fact, according to a recent report in Crain's Chicago Business, the overall number of doctors in Illinois is actually increasing!  Yeah,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1090212790385635712004-07-18T21:49:00.000-07:002004-07-18T21:53:10.386-07:00

http://mploftuslaw.com

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1089354573687300242004-07-08T22:46:00.000-07:002004-07-08T23:30:05.153-07:00

In a stunning development, the Portland Archdiocese announced on Thurday that it was filing for bankruptcy. The move became necessary, according to church officials because of the high cost of sexual abuse lawsuits. The Archdiocese of Portland has already paid more than $53 million dollars to settle over 130 claims dating back to the 1950's. The bankruptcy filing will apparently include 20

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com13tag:blogger.com,1999:blog-6303226.post-1089270008540558372004-07-07T22:07:00.000-07:002004-07-08T11:15:03.230-07:00

TRIAL LAWYER ONE HEARTBEAT AWAY FROM THE OVAL OFFICE! John Kerry's selection of John Edwards as his running mate was a bold and necessary choice. Edwards brings some needed vitality to the ticket as well as some appeal to Southern voters. Edwards is a talented, ambitious, intelligent man who will do a terrific job as vice president. Of course right wing conservatives are red in the face,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1088574312901402542004-06-29T22:21:00.000-07:002004-06-29T22:45:12.900-07:00

The Illinois Appellate Court recently was faced with an issue that comes up suprisingly often: can a patron at a golf course recover when struck by another golfer's ball? In a word, yes. In Sullivan-Coughlin v. Palos Country Club, the plaintiff had just finished her round and was riding in a cart with a family member. As the cart neared the pro shop/cart return, the driver heard what she

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com39tag:blogger.com,1999:blog-6303226.post-1088486203501121072004-06-28T21:44:00.000-07:002004-06-28T22:16:43.500-07:00

Contact me at markploftus@aol.com After the verdict last week in Houston, the folks at Metabolife International are likely having some sleepless nights. Metabolife is the marketer for the Metabolife supplement that contained ephedra. Ephedra had once been an enormously popular weight loss aid with nearly 12 million users. It acted like an amphetamine, speeding the heart rate and constricting

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com5tag:blogger.com,1999:blog-6303226.post-1088400477999758332004-06-27T22:06:00.000-07:002004-06-27T22:27:58.000-07:00

Contact me at markploftus@aol.com Saw a couple of interesting items over the last several days... First, the Supreme Court recently held that workers who quit their jobs over sexual harassment can indeed sue their employers. The case had gotten to the Supreme Court after a Pennsylvania State Police dispatcher had claimed that her bosses had routinely harassed her by telling her dirty jokes

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1088020295969508782004-06-23T12:36:00.000-07:002004-06-24T22:20:02.093-07:00

Contact me at markploftus@aol.com Well, the Supreme Court, in an opinion written by noted scholar and accused sexual harasser Clarence Thomas, handed the managed health care industry a huge victory when it ruled that HMO's cannot be sued in state court. Instead patients will only be permitted to pursue their claims in federal court, where damages are severely limited; usually the patient is

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com2tag:blogger.com,1999:blog-6303226.post-1087881993905982702004-06-21T21:32:00.000-07:002004-06-21T22:26:33.906-07:00

Contact me at markploftus@aol.com According to news reports published last week, several lawsuits were filed in various states across the country against nonprofit hospitals for their billing practices. The lawsuits alleged that the hospitals violated their obligation as charities by overcharging people without insurance and then hounding them for the money. Hospitals in Chicago, Atlanta and

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1087363498005564602004-06-15T21:56:00.000-07:002004-06-15T22:24:58.006-07:00

Contact me at markploftus@aol.com Those wacky doctors are at it again. The ABA reported on Friday that Dr. J. Chris Hawk III, a South Carolina surgeon and AMA House of Delegates member says he authored a proposal recognizing a doctor's right to refuse care to a plaintiff's attorney except in emergency situations. "If trial attorneys were given the opportunity to experience the access problems

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com4tag:blogger.com,1999:blog-6303226.post-1086844975562705172004-06-09T22:05:00.000-07:002004-06-09T22:22:55.563-07:00

Contact me at markploftus@aol.com Met with a client today to go over his retaliatory discharge case. Nice old southern guy, just trying to make a buck when he hurts himself at work. He promptly tells his boss, who assures him "they will take care of everything". So he leaves, gets medical treatment and ultimately learns he needs surgery. So he schedules the surgery. The night before, his HR

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1086760912215202562004-06-08T22:45:00.000-07:002004-06-08T23:01:52.216-07:00

Contact me at markploftus@aol.com Saw a couple of interesting blurbs over the last several days... First, last week a woman left paralyzed when her Ford Explorer rolled over was awarded $369 million dollars by a San Diego jury. The damages were broken down as follows: $246 million in punitive damages and compensatory damages of nearly $123 million to her and her husband. Ford had previously

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1086240087263424212004-06-02T21:42:00.000-07:002004-06-02T22:21:27.263-07:00

Contact me at markploftus@aol.com Here are the facts: You and your young daughter decide to visit a friend and his wife at their home, which they are renting from their dad. While there, your friend's dog attacks your little girl, biting her on the face and causing severe wounds. Later you come to learn that the tenant also worked for his father's construction company and frequently brought

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1086068763848176982004-05-31T22:14:00.000-07:002004-05-31T22:46:03.846-07:00

Contact me at markploftus@aol.com Couple of interesting items I noticed in the recent Illinois Trial Lawyers Association Newsletter... First,I see that Sen. Bill Frist is making it a "personal priority" to deal with what he perceives as a "asbestos litigation crisis". He is attempting to persuade other senators to sign onto the Fair Act(Fairness in Asbestos Injury Resolution Act). In a recent

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com51tag:blogger.com,1999:blog-6303226.post-108546303197804712004-05-24T22:10:00.000-07:002004-05-24T22:30:31.980-07:00

Contact me at markploftus@aol.com Mentioned last night a recent First Appellate District case involving the responsibilities of emergency personnel responding to a fire. In Fender v. Town of Cicero, certain plaintiffs sued the Town of Cicero for its negligence when police officers responding to a fire elected not to even attempt a rescue of persons inside a burning home. The defendants moved

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1085373829531956672004-05-23T21:22:00.000-07:002004-05-23T21:43:49.530-07:00

Contact me at markploftus@aol.com Bear with me if you are just checking out this site. I am in the midst of trying to figure out how to make changes to the template...and it's a tad more complicated then I thought - I have certain limitations when it comes to technology. Anyway, we'll get it figured out in the near future. Saw a couple of interesting cases handed down by the Illinois

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1085029887478200002004-05-19T21:42:00.000-07:002004-05-19T22:11:27.476-07:00

Contact me at markploftus@aol.com The Illinois Appellate Court, Second District, recently weighed in on the "open and obvious" debate, which involves whether certain activities or conditions will be regarded as clearly dangerous, even if encountered by children. In Allen v. Martinez, the minor plaintiff was injured when he fell while jumping on a trampoline on the property of the defendant.

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com1tag:blogger.com,1999:blog-6303226.post-1084942846348224482004-05-18T21:40:00.000-07:002004-05-18T22:00:46.346-07:00

Contact me at markploftus@aol.com Some good news for the Enron employees who had lost millions of dollars in retirement money while management lied to them about the company's deteriorating fortunes as the company slowly went bankrupt. Last week tentative settlements were reached in two suits that will get the employees some of their money back. The larger settlement calls for certain Enron

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com4tag:blogger.com,1999:blog-6303226.post-1084772363173101562004-05-16T22:16:00.000-07:002004-05-16T22:39:23.173-07:00

Contact me at markploftus@aol.com More news regarding sexual abuse from the Catholic Church...On May 12, 2004, the Chicago Tribune reported that nine former students at the now closed Boston School for the Deaf filed suit on May 10, 2004 claiming they were physically, sexually and emotionally abused by staff at the school, inclduding nuns. The defendants either denied the allegations or refused

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1084423832089404962004-05-12T21:06:00.000-07:002004-05-12T21:50:32.090-07:00

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

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com4tag:blogger.com,1999:blog-6303226.post-108382119172608552004-05-05T21:49:00.000-07:002004-05-05T22:30:57.826-07:00

Contact me at markploftus@aol.com Saw an interesting article in Crain's Chicago Business the other day. The article, written by Sarah A. Klein detailed how physicians are all over the caps on recoveries in medical malpractice cases....until of course that physician is a victim of malpractice. Then their passion for caps drops rather abruptly. The article discusses Larry P. Wasser, a 61 year

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1083644772300928582004-05-03T21:00:00.000-07:002004-05-03T21:30:15.483-07:00

Contact me at markploftus@aol.com And just when you thought everything was so nice on the Friends set...A former writing assistant has filed a sexual harassment suit against the show's production company, its studio and some of the individual writers. Ms. Amaani Lyle recently had her case reinstated by the California Appeals Court. Ms. Lyle alleged in her court papers that she was constantly

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1083129213766764362004-04-27T21:40:00.000-07:002004-04-27T22:17:48.950-07:00

Contact me at markploftus@aol.com Saw a couple of interesting items in various media today. First, our good friends at Allstate, the "Good Hands" people, suffered a big setback in the United State Supreme Court today. Allstate is being sued by various customers who allege, among other things, that Allstate used customer credit records to overcharge blacks and Hispanics for home and auto

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1082695971201735532004-04-22T21:42:00.000-07:002004-04-22T21:56:58.950-07:00

Contact me at markploftus@aol.com Saw in the news the other day that some Roman Catholic Bishops are urging priests not to give Senator Kerry communion in light of his position on abortion. This would be the same Catholic church that recently disclosed it will be selling the Boston archibishop's mansion and 43 adjoining acres for nearly $100 million dollars to to raise cash to fund a $90

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1082612677132810092004-04-21T22:20:00.000-07:002004-04-21T22:48:43.840-07:00

Contact me at markploftus@aol.com First, an update on the Besler case I discussed on April 4. That was the case out of Mercer County New Jersey where a multi-million dollar verdict was rendered by the jury on behalf of Ms. Besler. She claimed that due to the badgering of a high school coach about her weight she developed an eating disorder that went on for 8 years. According to Overlawyered,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1082352488400781272004-04-18T22:06:00.000-07:002004-04-18T22:32:11.043-07:00

Contact me at markploftus@aol.com Got some encouraging news Friday on a medical malpractice case I am litigating. In this case I represent a seven year old boy who was undergoing elective surgery for an large umbilical hernia. During the surgery, on at least two occasions, there are indications that the bowel may have been perforated, or pierced. Perforating the bowel can have lethal

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1082095583875510612004-04-15T22:35:00.000-07:002004-04-15T23:10:22.700-07:00

Contact me at markploftus@aol.com The "medical malpractice" crisis has generated signficant press coverage in Illinois lately, particularly downstate. A Victims group, Familes and Victims United, is touting a program called "Sorry Works". This program is the brainchild of a Steve Kraman, M.D., formerly the Chief of Staff of a VA Hospital in Kentucky. The Sorry Works approach urges quick

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1081834557378425032004-04-12T22:12:00.000-07:002004-04-12T22:39:51.653-07:00

Contact me at markploftus@aol.com Interesting retaliatory discharge case came down recently from the First Appellate District. In Chicago Commons v. Hancock, the plaintiff was sued by his employer for reimbursement of overpaid wages. Shortly after Hancock filed his appearance in the case he was fired. He promptly turned around and filed a retaliatory discharge counterclaim against his

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1081493258588444842004-04-08T23:09:00.000-07:002004-04-08T23:51:27.513-07:00

Contact me at markploftus@aol.com A few words about a case I am presently litigating. I represent the children of a woman who died shortly after having heart surgery. She was in her early 60's and had significant heart disease as well as other health complications. In late December of 2001 she has chest pain, is seen at the hospital and it is decided she needed urgent bypass surgery due to

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1081320020756480602004-04-06T22:53:00.000-07:002004-04-06T23:44:06.966-07:00

Contact me at markploftus@aol.com A couple of comments on some cases that have popped up in the news recently. First there is an interesting case pending before the Supreme Court arising out of allegations of sexual harassment. The plaintiff in the case, Nancy Drew Suders, quit a good job as a dispatcher with the Pennsylvania Police because of what she alleges was non-stop sexual harassment

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1081145531407356262004-04-04T22:31:00.000-07:002004-04-04T23:15:55.060-07:00

Contact me at markploftus@aol.com Couple of interesting things I saw over the last couple of days... The Tort Reform movement continues. Last week Sen. Lindsey Graham(R-S.C) introduced legislation in the United States Senate where the losing party in a federal court case would be faced with the possibility of paying the other side's fees. Of course the good senator referenced lawsuits that

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1080797307818612722004-03-31T21:09:00.000-08:002004-03-31T21:32:05.686-08:00

Contact me at markploftus@aol.com Have spent the last three days compiling discovery responses in a property damage case where a homeowner basically lost her home because a siding contractor failed to properly protect the property after he removed the siding. Water got in after heavy rainstorms, then mold grew and testing revealed unhealthy levels of contaminants in the house. My clients were

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1080197742717110492004-03-24T22:15:00.000-08:002004-03-24T22:59:10.686-08:00

Contact me at markploftus@aol.com Saw an interesting negligent hiring case recently decided by the Illinois Appellate Court. Illinois law permits person injured by employees with violent propensities to recover against the employer where the employment created a situation where the employee's violent tendencies harmed the plaintiff. In Elliot v. Williams, the plaintiff, Hedy Elliot was staying

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1080107392693421292004-03-23T21:26:00.000-08:002004-03-23T21:53:19.296-08:00

Contact me at markploftus@aol.com Interesting verdict came out of a Joplin, Missouri courtroom last week. The plaintiff, Eric Peoples, had filed suit against the manufacturers of butter flavoring used in microwave popcorn. Mr. Peoples had worked at a microwave popcorn factor and was apparently exposed to certain vapors from the butter flavoring. He claimed that the vapors from the flavoring

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1079771647372870322004-03-19T22:54:00.000-08:002004-03-20T01:13:41.280-08:00

Contact me at markploftus@aol.com I wanted to be done with the tort reform propoganda, but it is in the news so much now that I have to comment on some of the stuff I see. On March 16, 2004 Treasury Secretary John Snow said "runaway lawsuits" were costing American jobs, and also urged an overhaul of personal injury lawsuits. One of the news organizations obtained draft notes for the speech,

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1079594448396564812004-03-17T22:58:00.000-08:002004-03-17T23:24:07.263-08:00

Contact me at markploftus@aol.com I've noted a couple of interesting articles in Illinois papers relating to "tort reform". The Chicago Tribune noted on March 11, 2004 that ISMIE, the state's largest medical malpractice insurer would be raising their rates only 7.4% in the next year. The rate increase is much smaller than the '03 increase(35%). It should be noted, that if in fact, there was

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1078899073587877172004-03-09T21:36:00.000-08:002004-03-09T22:14:21.576-08:00

Contact me at markploftus@aol.com An interesting jury verdict came down last week in Chicago. A woman who had become infected with HIV through sexual contact with her boyfriend sued his parents for allegedly lying to her about his medical condition. Both sides stipulated that the man had in fact been responsible for transmitting the disease to the plaintiff in 1996. The plaintiff alleged that

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1078813519503702002004-03-08T21:34:00.000-08:002004-03-08T22:28:25.936-08:00

Contact me at markploftus@aol.com The Chicago Tribune ran a two part series on class action lawsuits and their abuses in the paper on March 7 and 8. The article made note of several cases where the actual recovery for the plaintiffs was mimimal while the legal fees were quite large. Some examples included a class action against the City of Wichita Kansas for wrongfully jailing 7000 misdemeanor

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1078204268376342142004-03-01T20:54:00.000-08:002004-03-01T21:14:05.360-08:00

Contact me at markploftus@aol.com Couple significant legal developments from across the Country.... First, I am pleased to report that Senate Bill S.2061 did not pass in the United States Senate last week. Said bill, contained a number of "tort deform" measures relating to Ob/Gyn medical malpractice cases including the limitation of "non-economic damages" (i.e. pain and suffering")to $250,000.

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1077690195707574982004-02-24T21:16:00.000-08:002004-02-24T22:26:04.390-08:00

Contact me at markploftus@aol.com I need to make some comments about "tort reform". The United States Senate was scheduled to vote today on S.2601 which would inflict a $250,000 cap on non-economic damages(read "pain and suffering") for OB/GYN cases. The medical lobby was pushing hard for the bill. In addition to the cap on damages, the bill seeks to place a cap on attorney fees; restrict the

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com1tag:blogger.com,1999:blog-6303226.post-1076793224104761302004-02-14T12:51:00.000-08:002004-02-14T13:16:18.576-08:00

Contact me at markploftus@aol.com I have to comment briefly about a recent Seventh Circuit decision that came down a couple of months ago. In Mathias v. Accor Economy Lodging (7th Cir. 2003) 347 F.3d 672, the plaintiffs stayed at a budget motel owned and operated by the defendants in downtown Chicago. When the plaintiffs awoke the next morning they learned that bedbugs had been feasting on

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1076477953741058922004-02-10T21:20:00.000-08:002004-02-10T21:41:42.793-08:00

Contact me at markploftus@aol.com Couple of interesting legal matters reported in the Chicago Sun Times today. First, a Salt Lake City woman has sued the marital therapist she and her husband were seeing prior to their divorce. According to the article, the therapist treated the couple prior to their divorce. And, it appears the therapist was providing some individual, "private" counseling to

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1076388056340742752004-02-09T20:25:00.000-08:002004-02-09T20:43:23.903-08:00

Contact me at markploftus@aol.com Saw an interesting little blurb in the 2/5/04 Chicago Reader. Seems that the Chicago Kent College of Law decided to do a little undercover work and sent some law students over to the landlord/tenant courtrooms. News wasn't good. Students found that the average hearing ran about 1 minute 44 seconds. Frankly, that isn't the disturbing part. The students also

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-107604594075104422004-02-05T21:21:00.000-08:002004-02-05T21:43:52.500-08:00

Contact me at markploftus@aol.com Promised some more of the 101 Dumbest Moments in Business - 2003 Article in Business 2.0. Magazine. Authors are Adam Horowitz; Mark Athitakis; Mark Laswell and Owen Thomas. Being a lawyer and all, I focused on the legal fumbles, which I have recounted below: Moment 45: An earnest young summer associate(law student playing lawyer for the summer) snagged a gig

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1075614375102781062004-01-31T21:25:00.000-08:002004-01-31T21:49:50.606-08:00

Contact me at markploftus@aol.com Apologize for not posting for several days, but I was laid low by the flu. I am cautiously optimistic I am on the road to recovery and will try to get back in the swing of things. There have been some legal developments of note over the last week or so, but I won't get to all of them tonite. One thing that did catch my eye is the decision by Federal Judge

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074835141794789542004-01-22T20:50:00.000-08:002004-01-22T21:32:32.420-08:00

Contact me at markploftus@aol.com Here's an interesting tidbit recently reported in the Chicago Tribune. On Wednesday, January 21, 2004, a federal jury in Chicago awarded $500,000 to a former local government employee who claimed that she was being sexually harassed by her boss. Well that hardly seems newsworthy you might say. After all, sexual harassment by superiors is hardly unusual. But

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074753038619164292004-01-21T22:05:00.000-08:002004-01-21T22:35:09.326-08:00

Contact me at markploftus@aol.com Approached today by a business consultant who thinks he got screwed out of a rather large fee by a big conglomerate here in the midwest. My client signed a deal with the defendant whereby he agreed to secure millions of dollars of financing for the company - in exchange for a monthly fee and a small % of the financing if and when it went through. The agreement

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074575224584467682004-01-19T20:54:00.000-08:002004-01-19T21:12:08.310-08:00

Contact me at markploftus@aol.com Congratulations to John Edwards for roaring to a second place finish in Iowa. And people say trial lawyers aren't lovable. Filing a case tomorrow for a young kid who got injured. My client is a 12 year old kid living in a rural northern Illinois county. Near his house is an empty lot where local kids congregate. There are well-worn bike paths and foot paths

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074492834553388102004-01-18T21:49:00.000-08:002004-01-18T22:15:52.373-08:00

Contact me at markploftus@aol.com I am going back and forth deciding if I want to take on some matters for an old client. He runs a local repair facility. Not long ago he was sued by a client who was alleging that his garage didn't do certain repairs on her car and actually damaged it. The firm representing the plaintiff routinely files these cases, even though the actual damages are tiny[

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074268358144334522004-01-16T07:29:00.000-08:002004-01-16T07:54:31.873-08:00

Contact me at markploftus@aol.com Interesting article in the Chjcago Sun-Times about the settlement of a lawsuit involving a local politician and the Town of Cicero(where Al Capone used to run things). Back in 2000, Joseph Moreno, a Cook County Commissioner, had decided to run for Town President of Cicero against Betty Loren Maltese, the Republican incumbent. Moreno attended an event in Cicero

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1074058226079243442004-01-13T21:21:00.000-08:002004-01-13T21:34:26.560-08:00

Contact me at markploftus@aol.com Couple of interesting celebrity trials getting under way. First, Jayson Williams, former NBA rebounding champ is on trial in New Jersey for manslaughter. His trial is just getting under way. You might remember that Williams is apparently a gun fanatic and one night his driver ended up dead after being shot by Williams. The defense apparently is arguing that

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1073977874920629062004-01-12T21:32:00.000-08:002004-01-12T23:13:52.696-08:00

Contact me at markploftus@aol.com One of the nice things about running your own practice is the options it gives you when it comes to taking clients. At a big firm, some stuffed shirt marches in, assigns you some client and you have to do the work - even if the client is crazy, slimy or both. Thankfully I can pick and choose my clients. And sometimes there are little hints that you really

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1073884811763688372004-01-11T20:49:00.000-08:002004-01-11T21:27:29.963-08:00

Contact me at markploftus@aol.com Will be spending several hours tomorrow responding to a silly motion in a retaliatory discharge case. In Illinois, an employer cannot fire an employee when that employee exercises his right under the Workers' Comp Act, i.e. files a claim when hurt at work. My client was injured while working, and ultimately had to have surgery on his back. The client is a

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0tag:blogger.com,1999:blog-6303226.post-1073599890630162882004-01-08T13:57:00.000-08:002004-01-08T14:11:50.770-08:00

Contact me at markploftus@aol.com It's good to be back, even under another name. My previous blog was entitled "Trials and Tribulations" but due to technical difficulties, I don't want to go into, I had to create another blog. Updates on Cases... Most significant update is the settlement of a medical malpractice case. This was the case where the doctor became aware of a deadly condition in

Mark P. Loftushttp://www.blogger.com/profile/12554838861646164043noreply@blogger.com0