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State Product Liability Lawsuit Preemption before U.S. Supreme Court

Posted on October 31st, 2008 by Edmund J. Scanlan

Product liability lawsuit preemption by federal regulation is scheduled for oral argument before the U.S. Supreme Court on November 3, 2008. In 2000 a state court jury in Vermont awarded Diana Levine $6.5 million in a product liability lawsuit against Wyeth Pharmaceuticals. The outcome of Levine’s case will have major ramifications for drug makers and consumers. […]

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Illinois Victim of Sexual Abuse Awarded $5 Million

Posted on August 28th, 2008 by Edmund J. Scanlan

As an Illinois attorney representing victims of sexual abuse I was very encouraged by the verdict returned yesterdy in St. Clair County awarding a former altar by $5 million against the Belleville Archdiocese. This is one of the most significant verdicts in Illinois involving childhood sexual abuse, and it included $2.6 million in punitive damages and $2.4 million […]

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Uninsured Motorist Benefits Awarded Minor Under Mom’s Fiancee’s Policy

Posted on August 1st, 2008 by Edmund J. Scanlan

An Illinois Uninsured Motorist policy has been interpretted by the Appellate Court as providing coverage to a child living with his mother and her fiancee under the fiancee’s insurance policy in an opinion released July 25, 2008. Clayton v. Millers First Insurance Co., 2008 WL 2926874 (5-07-0061). The minor plaintiff was injured in a one car […]

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Illinois Children Sexually Abused Given Protections

Posted on July 30th, 2008 by Edmund J. Scanlan

Illinois children who are sexually or physically abused on school buses operated by school districts are now afforded the same legal protections that apply to passengers on common carriers. In Green v. Carlinville School District, 381 Ill. App. 3d 207, 887 N.E. 2d 451 (2008), the trial court granted the school district’s motion for summary judgment holding […]

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Illinois Underinsured Motorist Claims-Common Fund Doctrine

Posted on July 23rd, 2008 by Edmund J. Scanlan

Illinois attorneys handling Underinsured Motorist Claims should be aware that there are setoffs that the insurance companies are claiming that need to be challenged. In a typical situation, plaintiff sustains serious injuries caused by the negligence of another driver. Plaintiff settles her claim for the policy limits of $100,000 from the negligent driver’s insurance company. Plaintiff makes […]

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