Illinois Lawyer Blog

Be careful what you say in your Twitter posts.

Just ask Amanda Bonnen. According to recent Chicago Sun-Times article by Lisa Donovan, Ms. Bonnen was a tenant in an Chicago apartment complex run by Horizon Realty Group. Some water leaked into her apartment, as well as some other apartments in March, 2009. The leaks occurred after a contractor working on the roof made some mistakes. Horizon claims they contacted all affected tenants to assess and correct any damage. Horizon also stated that all tenant grievances were quickly and amicably resolved. With the exception of Ms. Bonnen. Bonnen filed suit against Horizon on June 2, 2009, alleging violations of the Chicago Residential Landlord Tenant Ordinance. She moved out on June 30, 2009.

After Bonnen's suit was filed, Horizon learned of a May 12, 2009 Twitter post by someone identified as Amanda Bonnen and using the name "abonnen". The tweet in question noted, "Who said sleeping in a moldy apartment was bad for you? Horizon thinks its okay".

On July 27, 2009, Horizon filed a libel lawsuit against Ms. Bonnen, claiming the post damaged the firm's reputation. Horizon has not spoken with Bonnen about the post. Jeff Michael, whose family has run Horizon for 25 years, commented that "We're a sue first, ask questions later kind of an organization".

There is now a second lawsuit on file against a Milan, Illinois McDonald's, where several people were allegedly exposed to Hepatitis A. The most recent lawsuit was filed last week by the parents of a 16 year old boy who allegedly was at the restaurant on July 12 to return a job application. After doing so he apparently ate at the restaurant. He then became ill, had aches and pains, and was severely jaundiced. He was admitted to a local hospital and tested positive for Hepatitis A. Typically, Hepatitis A is caused by the ingestion of fecal matter. The disease is usually transmitted by close person to person contact, or ingestion of contaminated food matter.

A class action case is already on file against the restaurant on behalf of those members of the general public who may have been exposed.

The owner of the restuarant, Kevin Murphy released a statement last week indicating the Rock Island County Health Department has not confirmed the source of the outbreak, and that there may be several sources.

Good day today. It appears that I am finally wrapping up a retaliatory discharge case that has seemingly been going on forever. Plaintiff agreed to accept a settlement and the releases are finally signed, sealed and delivered. Would love to provide additional details, but the settlement is confidential.

And, Mark Buerhle of the White Sox throws a perfect game against the Tampa Bay Rays!! He is only one of 6 pitchers in the history of baseball to own two no-hitters. Hats off to the best pitcher in Chicago.

Take a long hard look at that condo before you buy it. That is the moral of a recent Chicago Tribune article by John Bryne. The article focused on Dorothy Rush, an 86 year old woman who initially rented, and then purchased one of the condominium units at Village Centre, a 206 unit development in Mount Prospect. Rush thinks that water is seeping into the walls of her unit becuse of poor workmanship when the place was built in 2003. The mold she thinks is inside the walls irritated her eyes, throat and chest, eventually causing her to simply leave the unit.

And a 2007 assessment of the property by Raths, Raths & Johnson, an engineering firm, seesms to confirm Ms. Rush's suspicion. It was the recommendation of Raths, Raths & Johnson that the entire brick facade of the three building development be rebuilt in order to prevent widespead leakage and stop mortar and masonry deterioration.

Apparently, Rush is not alone. Lots of folks who purchased units during the building boom in the late 1990's are now having problems. Real Estate experts think that builders either 1) didn't do a good job building or 2) simply ran out of money. Either way, condo owners are caught in the middle, without many options.

There may however, be some hope for future condo buyers. Representative Harry Osterman, [D, Chicago] recently sponsored House Bill 3955, which required builders to set aside a portion of the sale amount of the unit for repairs. Not suprisingly however, the bill met with stiff opposition from those in the building industry and it died in Committee. But the Association of Condominium, Townhome and Homeowners Association is vowing to continue fighting for legislation protecting the buyer in the next session.

As for Ms. Rush, she no longer lives in the unit and is paying to live in an apartment. She is reluctant to move possessions out of the condo as she is afraid they may be contaminated by mold. Ms. Rush is part of a lawsuit filed by the Condominium Association th against a variety of defendants, including the general contractor, developer and eight subcontractors. The Association is seeking $8 million dollars in damages. Presently the parties are in mediation.

Looks like former Motorola CFO Paul Liska is going to be at war against his former employer for some time. Liska is suing Motorola, claiming he was fired for his refusal to accept allegedly misleading financial projections by the Motorola Mobile Phone Division. Motorola, on the other hand, is claiming Liska tried to extort the company.

The two sides were back at it on Wednesday, July 8, appearing before Cook County Judge Allen Goldman. Both Liska and Motorola filed motions, seeking Judge Goldman's help in having certain documents produced.

In addition, a local headhunter, Gregory Crecos, appeared on July 8 as well, objecting to certain requests made upon him by Motorola. Crecos, the founder of Gregory Michaels & Associates, was served with a subpoena by Motorola. Motorola wants Crecos to turn over documents relative to his dealings with Liska, going back to when Liska worked at Sears and other companies. In addition, Motorola is seeking documents relating to Motorola candidates, dating back to 2007. According to remarks Crecos made after Court, Motorola believes Crecos tipped Liska off that Motorola was looking to replace Liska. Crecos denies any impropriety.

All matters were continued to July 31.

Got wind of this recall from the good folks at Kids In Danger, who work hard to keep kids safe and keep a close eye on this kind of stuff...

Seems like yet another problem has surfaced with Simplicity Cribs. On July 2, 2009, the Consumer Product Safety Commission[CPSC] announced a voluntary recall of Simplicity Drop Side Cribs. The cribs were distributed by Simplicity Inc, and SFCA of Reading, Pennysylvania. Apparently both companies have suspended day to day operations. A picture of the hazard created by the defect, is available below [in an absurdly large size because I don't have the slightest idea how to reduce these things].

The specific hazard involves the crib's plastic hardware. The hardware can break or deform, leading the drop side of the crib to detach. When the drop side detaches, a space is created between the drop side and the crib mattress. Small children can get themselves stuck in the space, leading to suffocation.

The CPSC is aware of one death involving an 8 month old child in Houston, Texas. The child became entrapped and suffocated between the drop side and the mattress when a plastic connector on the drop side broke. CPSC is also aware of another 25 incidents where the drop side improperly detached from the crib. Thankfully no injuries were reported.

Additional information is available via the actual recall notice.

In the Sunday Chicago Tribune, Deborah Shelton has a great article about how the Illinois agency responsible for disciplining doctors is not aggressive enough. The agency in question, the Illinois Department of Financial and Professional Regulation[IDFPR] oversees a number of professions, including the practice of medicine. The article focused on one doctor in particular - Nicholas Caro, M.D., a Chicagoland ophthalmologist[eye doctor]. The article explained that since the early 1990's, Caro has been sued nearly 50 times, with 29 of the lawsuits filed in the last decade.

Caro is affiliated the St. George Corrective Vision Center on West Peterson Avenue in Chicago, where he serves as the medical director. Specifically, Caro does Lasik surgery, a cosmetic surgical procedure where a laser is used to change the shape of the cornea, or covering located at the front of the eye. According to the article, Caro has performed 25,000 eye procedures in the last 25 years.

The chief medical prosecutor for the IDFPR, Lisa Stephens, recommended in an original complaint in March, 2008 that Caro's medical license be suspended, revoked or otherwise disciplined. She further noted that Caro had "...committed acts and/or omissions which constitute gross negligence in the practice of medicine." The complaint was amended in July and October to include the specifics from additional cases. Yet the IDFPR has yet to take any action against Caro. In fact, no hearing date has been set. Daniel Bluthardt, Director of the Department's Division of Professional Regulation declined comment, but did note that "It's not unusual for a case, from start to finish, to take as long as two years to resolve." That may be. But Caro's situation might call for a little more urgency. The guy has been sued for malpractice nearly 50 times.

When reached to comment on the article, Caro noted that a lot of doctors get sued, and indicated that other doctors who perform Lasik procedures have similar problems. Shelton checked with the Ophthalmologic Mutual Insurance Company which insures nearly one third of ophthalmologists currently practicing in the United States. She noted that 75% of ophthalmologists who have been practicing 25 years, have been sued - but not with the same frequency as Caro. Of that 75% most have 3 or less malpractice suits against them.

In fact, as noted in the article, Caro's practice also attracted the attention of the federal government, back in 1997. At that time the Food and Drug Administration[FDA] said his clinic was using unapproved laser equipment in treating certain vision problems. The FDA removed the equipment from the practice. At the time the agency noted that "Such unapproved lasers pose a risk to patients because their use could potentially cause serious eye injury. The manufacturers and eye clinics had ignored prior warnings from FDA."

The folks at the IDFPR by and large do good work. But there is no excuse for letting this particular case just churn through the system like any other case. Push this case to the front of the line and take whatever action may be appropriate with respect to Dr. Caro.

Saw another story in the July, 2009 American Bar Association Journal worth noting. Solo and small firm lawyers are getting creative in how they seek business. Many are now turning to craigslist as a practice-building tool.

Craigslist is an enormous classified advertising website, featuring ads from throughout the United States, as well as some outposts in Europe. And it includes a legal services section that is getting increasing traffic from lawyers looking to snare web-savvy clients. According to the article, written by Ed Finkel, the Chicago site had over 100 attorney ads posted on a single day in April, 2009.

Jonathan Stein, an Elk Grove, California solo, has been posting on the site for three years. Stein claims that he gets 5-10 calls a week from his ad, and claims 80% of those calls actually translate into work. Stein admits however that there is a learning curve. "It does take a little while to figure out how to use it effectively. I probably spent my first six months getting a lot of garbage phone calls." Stein is a believer though - claiming that he only spends 10 minutes per week on his ad and that the return on his investment is "immeasurable".

The article also mentioned Susan L. Beecher, a solo practicing in Kent, Washington. Ms. Beecher's practice includes family law and she began posting ads on craigslist about a year ago. Since that time her ads have brought in 25-30 clients.

If you are looking to advertise on craigslist, you need to mindful of their rules. The site does not allow more than three ads within 48 hours, and lawyers can't place ads in multiple cities. Stein warns not to trifle with craigslist devotees. "The hard-core craigslist users will flag your post if they don't like it and then your posts start disappearing. They get offended if they think you are spamming the list."