Illinois Lawyer Blog

As noted in my October 27, 2008 post, the Canadian Food Inspection Agency[CFIA] recently issued a warning advising Canadian consumers not to eat Sherwood Brands Pirates Gold Chocolate Coins. Tests on the coins had revealed the presence of melamine. Sherwood Brands has now issued a notice to customers in response to the CFIA warning. The notice details that no Sherwood products containing melamine reached the United States. After learning of the FDA warning about possible melamine contamination in milk-containing products, Sherwood began to work with labs to confirm their products were free of melamine.

Sherwood has not received any chocolate in the United States from China since the initial report about melamine. The notice goes on to note that the identification of chocolate coins tainted with melamine was an isolated "situation" limited to Canada. Those coins were not sold or shipped into the US market and were produced before the initial melamine warning. Upon being advised of the contamination, Sherwood stopped all production and shipment of the coins. Sherwood is now testing all product earmarked for Canada or the US for melamine prior to shipment.

The Canadian Food Inspection Agency[CFIA] is warning Canadians not to eat, distribute or sell Sherwood Brand Pirates Gold Milk Chocolate Coins. Recent CFIA tests on the candy came back positive for the presence of melamine. The product at issue has 240 pieces of candy per package and bears UPC 0 36077 11240 and lot code 1928S1. The candy is distributed in Canda through Costco Stores. If the product code or lot number are not available to consumers, the CFIA is advising consumers to check for that information at the source of purchase. The CFIA is also advising retailers and distributors to stop distribution of the product. In addition, the CFIA is recommending that distributors initiate a voluntary recall. To date, no illnesses associated with consumption of the product have been reported.

Saw an interesting article in the CBA Record by James F. Costello Jr., the Veteran's Rights Project Coordinator at the Legal Assistance Foundation of Metropolitan Chicago. Costello's article discussed the Illinois Family Military Leave Act[The Act]. The Act is fairly new, having just become effective in 2005. The purpose of the Act is to afford leave to employees who wish to visit with spouses or children who have been called into military duty. The article is an excellent primer on the Act. Some of the important points made by Costello include:

1) Leave is extended only to the spouse or parent of a person called to military service lasting longer than 30 days;

2) Only employers with 15 or more employees are covered;

3) The Act extends only to those employees who have worked at least 1,250 hours in the preceding 12 months;

4) Employers with 15-50 employees are required to provide up to 15 days of leave to the employee;

5) Employers with more than 50 employees are required to provide 30 days of leave;

6) The leave is UNPAID;

7) Eligible employees seeking to utilize the leave must give advance notice to the employer[oral notice is acceptable];

8) Upon return from leave, the employee shall be restored to his/her previous position, or to an equivalent position;

9) Employers are prohibited from discharging, fining, suspending or in any other way interfering with the employee's right to utilize the leave;

10) Individuals may enforce their rights under the Act by filing suit in the Circuit Court. The only enforcement mechanism however, is injunctive or equitable relief. The Act does not provide for damages.

The Act, as pointed out by Costello, is particularly timely. The Illinois National Guard is presently in the midst of its largest deployment since World War II, with nearly 3000 soldiers scheduled for deployment to Afghanistan to assist with the growing insurgency.

J.W. Elphinstone of the Associated Press had an article in the Chicago Tribune today discussing the Delta Enterprises recall of 1.6 million older models of a drop-side crib after two infant deaths. The company indicated on Monday that 985,000 drop-side cribs, made between 1985 and 2007 require safety pegs that may be lost during the assembly process. In addition to those models, another 600,000 cribs made during the same time frame may contain worn out springs that also pose significant dangers to infants.

One of the infant deaths involved a missing safety peg. The crib's side became detached, resulting in a gap. The infant became stuck in the gap and suffocated. The circumstances leading to the second infant death were similar. In that instance, a worn spring peg failed to lock the side of the crib into place. The side detached and the infant suffocated after becoming stuck in the resulting gap.

According to Jack Gutt, a spokesman for the company, "Anyone who calls and has these cribs that were constructed in these time periods, we're going to send anybody and everybody either additional pegs or the retrofit kit". The diagrams below are from the Delta recall site, and show how the involved cribs would appear.

In addition to details contained in the recall, Delta has established a helpline at 1-800-876-5304. The Consumer Product Safety Commission[CPSC]has also issued a Press Release giving details about the recall. Thankfully, the CPSC acted a little quicker this time around, as compared to its glacial response when the dangers with Simplicity bassinets recently became known.

Wow, this is big. The Chicago Tribune has endorsed Barack Obama for President. This marks the first time ever, that's right, EVER, that the paper has endorsed a Democrat. Residents of hell are reaching for overcoats.

On Thursday, October 17, 2008, the Chicago Sun-Times had a story about the misfortune recently visited upon Michael Bielinski. On October 5, 2008, Michael was driving on the Kennedy Expressway, at about 3:30 am. He was returning home from a birthday party. His girlfriend was with him. Michael's vehicle was making a funny sound, so he pulled over near Ontario Street to have a look. And that's where things went south. As he was checking his vehicle, he was struck by another car. The driver of the other car never bothered to stop. MIke suffered horrendous injuries - a ruptured spleen; fractured vertebrae and assorted internal injuries. And, last week, his left leg was amputated. Michael now faces weeks or physical therapy at the Rehabilitation Institute of Chicago. To make matters worse, Mike doesn't have any health insurance. His medical bills will likely top $100,000. Mike's dad has offered a $10,000 reward for any information that leads to the arrest of the driver. In addition, Villa Rosa Pizza, Mike's employer is throwing a fund-raiser for Mike on October 27, 2008, from 4-8 pm. Finally, a medical expense fund has been set up at the Devon-Edgebrook Associated Bank, 6355 N. Central. Illinois State Police have been able to identify the other car as a black Mercedes Benz, based upon debris at the scene.

Anyone with information about the crash can call the Illinois State Police.

An article in the Chicago Sun-Times today discussed some dangers associated with driving in the fall. First, the article referenced a recent State Farm Insurance study showing that teen drivers have more automobile accidents in October. According to the article, when October rolls around claims resulting from teen drivers spike 20%. Larry Williams, a Chicago-based State Farm agent, told the Chicago Sun-Times that a number of factors may explain the increase in accidents. "We're extremely busy at this time of year," Williams noted. "I think more than anything it's because it gets dark quicker. The roads are slicker. The weather is changing, with the rain and the leaves." In addition, as noted in the article, [written by Mary Wisniewski] teens are busier in October, driving to football games, homecoming dances and related school activities.

In addition, the article also noted that the last three months of the calendar year, October through December, is the high season for deer collisions. There are approximately 1.5 million deer/automobile collisions per year. Sadly, more than 150 people per year lose their lives due to collisions with deer.

On-line articles suggested some basic cautions for drivers:

1) Slow down when approaching deer. If necessary, honk your horn or flash your lights to scare deer off the road.

2) Be mindful that the presence of a single deer suggests other deer are nearby.

3) Usually, it is best NOT to swerve around the animal, as a frightened deer may move in exactly the same direction. A better course is to simply brake and continue in the same direction.

4) Be particularly mindful of deer at dawn or dusk. In addition, be wary when approaching a hill or curve.

5) Don't trust "deer whistles" or ultrasonic deer avoidance systems[?].

As I noted in my September 11, 2008 post, Graco Children's Products and the Consumer Products Safety Commission[CPSC]had been inexplicably slow in alerting the public about a danger associated with the Graco Simplicity Bassinet. The bassinet's metal framework created a very real strangulation danger and at least two children had become caught within the framework and died. Graco, after news stories about the product broke, issued a recall on September 11, 2008.

Unfortunately, it appears that Simplicity models are still available for purchase through online services or community resale shops. After the initial recall, investigators for Illinois Attorney General Lisa Madigan scoured online and secondhand markets for the recalled bassinets. They determined that hundreds of Simplicity models were still available online through eBay or Craigslist. As a result of her investigation, Madigan's office announced a statewide initiative to identify recalled bassinets available through online markets. Madigan's office is also helping Illinois residents who purchased the defective bassinets with the refund process.

Madigan has also called upon the CPSC to create a strategy that includes online and secondhand markets when recalling dangerous products.

Okay, first in the interests of complete disclosure...

I am a White Sox fan. I don't hate the Chicago Cubs, I just don't care for them very much.

Secondly, this post has absolutely nothing to do with the law. But I couldn't let it go.

As you may know, the Chicago Cubs ran away with the Central Division this year. They won 97 games and more than a few sportswriters in Chicagoland picked them as a lock to finally get back to the World Series[after a brief absence of 100 years]. Unfortunately for the Cubs, things didn't work out for them. They were swept by the Dodgers in the NLDS three games to zip. So what did the Cubs do after getting swept? According to Chicago Sun-Times columnist, Rick Telander, one or more Cubs took their bats to a large water pipe in the visiting team's dugout. As a result, the dugout flooded. What a classy group of guys.

The diocese of Belleville recently filed a Motion for a new trial after getting hit with a $5.5 million dollar verdict in a recent sex abuse trial. Bishop Edward Braxton directed lawyers for the Diocese to file the motion. In addition, Braxton sent a letter to churches in the diocese to be read at Sunday mass. According to news reports, the letter indicated that paying the judgment would "...diminish diocesan resources and significantly limit the church's ability to serve our people, our parishes [and]our schools..." [Of course there was no mention of a more subtle objective of the letter - generating sympathy for the church amongst the prospective juror pool in the event there is a new trial]. One online article discussed the church's financial strain argument with Frank Flinn, adjunct professor of Religious Studies at Washington University in St. Louis. Flinn, commenting on the church's position noted, "It's a false argument. Had they been genuinely concerned about the finances of the diocese, then the chancellor along with the bishop would have removed this person[the abuser, Rev. Raymond Kownacki] from his cycle of pedophilia in the first place." In addition, the church's tactics were also criticized by Survivors Network of Those Abused by Priests, a St. Louis-based church watchdog group. Barbara Dorris, the group's Outreach Director, noted that the Church's latest maneuver was "Rubbing salt into fresh, deep wounds. That's the only way to described Braxton's selfish decision to appeal the verdict."

At trial the diocese did not dispute that Kownacki was a serial predator; that Church officials knew about his predatory tendacies; that the Church kept his behavior secret and repeatedly moved him from parish to parish, giving him additional opportunities to molest young children.

And finally, another sad development reflecting on the behavior of the church - lawyers who represented the plaintiff in the underlying case indicated that diocese insurance policy funds may not be available to satisy any portion of the judgment. The reason? The church's cover-up of the abuse.