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Personal Injury

Emissions permitted? ‘Irrelevant’ vs lawsuits: IL Sup Ct

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Businesses in Illinois hit by blizzards of potentially ruinous lawsuits over alleged harm caused by emissions from their factories or other facilities can’t demand insurers defend them and cover their losses, even when those emissions are expressly permitted by the government and are not legally considered “pollution,” the Illinois Supreme Court has ruled. On Jan. 23, Illinois’ highest state court…

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Illinois Supreme Court Upholds Defense Verdict in Delayed Fracture Diagnosis Medical Malpractice Case

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The Illinois Supreme Court upheld a jury verdict in favor of the defendants in a medical malpractice case arising from an alleged misdiagnosis of a foot injury. The plaintiff, a type 1 diabetic, was treated multiple times for foot pain and diagnosed with cellulitis, but a fracture was not identified until a later podiatry visit. By that time, the injury…

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Baxter, Lake County EtO plaintiffs reach settlement; terms unknown

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Pharmaceutical and medical device maker Baxter Healthcare has reportedly agreed to settle at least 38 lawsuits accusing the company over emissions which allegedly caused cancer in people living near its manufacturing and distribution facility in suburban Round Lake. Attorneys from the firm of Edelson P.C., of Chicago, revealed the settlement in motions filed in Cook County Circuit Court. Baxter is…

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Fate of Greenwood mall shooting lawsuit now with Indiana Supreme Court

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Indiana Supreme Court justices are weighing whether a lawsuit can move forward against the owner of the Greenwood Park Mall and its security company related to a deadly 2022 food court shooting. The court heard arguments Thursday from attorneys for Indianapolis-based Simon Property Group and security contractor Universal Protection Service, who maintain the lawsuit should be dismissed because such attacks…

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SCOTUS takes up Roundup warning case; Billions of dollars at stake

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With billions of dollars at stake, the U.S. Supreme Court has agreed to settle the question of whether trial lawyers can continue using U.S. state courts in Missouri, Pennsylvania, California, Illinois and elsewhere to rack up big money verdicts against Bayer Monsanto over claims the company’s popular Roundup weedkiller causes cancer. On Jan. 16, the high court granted the appeal…

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Indiana Supreme Court to hear arguments in Greenwood Park Mall shooting case

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The Indiana Supreme Court on Thursday will hear arguments on whether Greenwood Park Mall’s owner and its contracted security company can be sued for negligence over a mass shooting, or whether such attacks are unforeseeable as a matter of law and therefore bar liability before discovery begins. The case arises from the July 2022 mass shooting at the Greenwood Park…

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Boeing settles another lawsuit over deaths from Ethiopian Air crash

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Boeing has settled another of the lawsuits lodged against the company as a result of a 2019 airliner crash in Ethiopia. On Jan. 14, attorneys with the firm of Clifford Law, of Chicago, announced the settlement on behalf of their client, a Canadian man identified as Manant Vaidya, of Toronto, Ontario, Canada. According to a release from Clifford Law, the…

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State supreme court finds malpractice law applies to claims brought in Elkhart County class action suit

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A split Indiana Supreme Court ruled Thursday the Indiana Medical Malpractice Act does apply to claims in a class-action lawsuit brought in Elkhart Superior Court on behalf of patients against an unspecified hospital. The high court affirmed the lower court’s ruling on the application of the MMA, but reversed the trial court’s denial of the patients’ motion for class certification….

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State’s high court to consider liability claim against Evansville church

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The Indiana Supreme Court has agreed to hear an Evansville church’s argument that it was not liable for a volunteer’s injuries because it was protected by a state law that generally holds churches harmless in certain situations when accidents occur on church property. In April, the Indiana Court of Appeals rejected the argument and ruled that the protections apply only…

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