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Etzler Lawhead Legal Group, PC

Illinois Supreme Court Rules Wholesalers Had Notice in Contaminated Cilantro Dispute

By Personal Injury No Comments

The Illinois Supreme Court has affirmed a decision allowing a food distributor to proceed with a breach of warranty claim against two produce wholesalers, holding that the wholesalers had sufficient notice of the alleged product defect through existing personal injury lawsuits. The case stems from multiple personal injury suits filed by restaurant patrons who became ill after consuming contaminated cilantro….

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Indiana Supreme Court Upholds Jury Award in Medical Negligence Case Involving Amputation

By Personal Injury No Comments

Franklyn Neter-Nu, a truck driver, filed a medical negligence lawsuit after complications from an improperly administered IV led to a below-the-knee amputation. The case originated from a 2015 visit to Methodist Hospital in Gary, Indiana, where Neter-Nu sought treatment for nausea and vomiting. During his hospital stay, Nurse Morgan Mittler noticed that the IV line had become detached from Neter-Nu’s…

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Abortionist accused of botched abortion demands court ID, silence woman

By Personal Injury No Comments

Saying he has been unfairly victimized in the press, an Ohio abortionist who is being sued for allegedly badly botching an abortion at his Champaign clinic, perforating an Indiana woman’s uterus and leaving half of the aborted fetus in her body, has asked a judge to both force the woman to publicly identify herself and impose a gag order to…

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Heat-related injuries jump at 80 to 85 degrees: Report

By Workers' Compensation No Comments

Heat-related workplace injuries double when temperatures rise to just 80 or 85 degrees Fahrenheit and increase more than sevenfold when temperatures exceed 90 degrees, according to a new report by the Workers Compensation Research Institute. Unsurprisingly, such injuries are more common during summer months and disproportionately affect outdoor workers. Men and younger workers are at greater risk, and Southern states…

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Judge weeds out dozens more likely non-viable Paraquat suits

By Personal Injury No Comments

A judge has axed dozens more lawsuits from the list of thousands pending in Southern Illinois federal court accusing the makers of commercial weed killer Paraquat of allegedly causing Parkinson’s disease. On June 16, U.S. District Judge Nancy Rosenstengel adopted the recommendation of court-appointed special master Randi Ellis and dismissed 69 Paraquat exposure lawsuits for failure to return required plaintiff…

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Indiana high court reverses in teacher’s case

By Workers' Compensation No Comments

The Indiana Supreme Court held that a trial court should have dismissed a teacher’s case alleging she was fired in retaliation for contemplating filing a workers’ compensation claim because she failed to allege the district was exclusively motivated by a desire not to pay the claim. A trial court denied the district’s request for summary judgment, and a jury concluded…

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Indiana Supreme Court Revives Lawsuit Against University Over Falling Window Injury

By Personal Injury No Comments

In a pivotal decision, the Indiana Supreme Court has reinstated a lawsuit filed by a former student who was injured by a falling window at Indiana University, holding that negligence may be inferred under the legal doctrine of res ipsa loquitur. The incident occurred in April 2018, when Kiera Isgrig, a college student, was studying in a university room and…

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‘Evolving landscape:’ Is IL lawsuit expansion bill constitutional?

By Personal Injury No Comments

In coming weeks, Illinois Gov. JB Pritzker will decide to either veto or sign a new law which would greatly expand the ability of trial lawyers to drag companies from all over the country into Illinois’ famously plaintiff-friendly state courts to face big money lawsuits that may have nothing to do with Illinois or anyone in the state. However, as…

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Appeals court: Judge wrongly nixed formula makers’ bid to move NEC suits

By Personal Injury No Comments

The makers of Similac and Enfamil baby formula have won a new chance to move some of the thousands of cases they are facing over alleged harm to newborns from their cow’s milk-based infant formula out of Madison County’s circuit court. On June 3, a three-justice panel of the Illinois Fifth District Appellate Court said they believed Madison County Circuit…

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Lawsuits give enough notice to let retailers sue wholesalers

By Personal Injury No Comments

A grocery retailer can sue their wholesalers to make them pay for allegedly contributing to an E.coli outbreak traced back to contaminated cilantro without having first notified the wholesalers of the “defect,” the Illinois Supreme Court ruled, because a product liability lawsuit filed by consumers allegedly harmed by the contaminated food had provided all the notice the wholesalers should have…

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