Under the revised law, contractors on State public works projects are required to employ a workforce that is comprised of at least 90% Illinois laborers during periods of excessive unemployment. If you are a contractor or subcontractor, a few questions may immediately come to mind. What is a public works project? What is a period of excessive unemployment? How is an Illinois laborer defined? Does this apply to me? What happens if I do not comply? Here is a brief analysis of the new law that should help you understand how this new law affects your business.

What is a public works project?

The law defines a public works project as “any fixed work construction or improvement for the State of Illinois or any political subdivision of the State if that fixed work construction or improvement is funded or financed in whole or in part with State funds or funds administered by the State of Illinois.” Thus, a public works project includes any project funded or financed in whole or in part with State funds or funds administered by the State of Illinois. This includes federally funded projects when the federal funds are administered by the State of Illinois. The law places the focus of defining a public works project on how the project is financed, not the recipient of the project. Consequently, an entity building a new road for Illinois without any public funds would not be subject to the 90% requirement.

What is a period of excessive unemployment?

For the law to be applicable, there must be a period of excessive unemployment. Such a period occurs when the level of unemployment in Illinois has exceeded 5% for at least 2 consecutive months. In Illinois, the unemployment rate for the past year has been hovering between 10 and 12% according to the U.S. Bureau of Labor Statistics, meaning we are currently in a period of excessive unemployment.

What is an Illinois laborer?

An Illinois laborer “refers to any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident.” The revised law still allows every contractor on a public works project or improvement to place no more than 3 of his regularly employed non-resident executive and technical experts, even though they do not qualify as Illinois laborers

Does this law apply to me?

The revisions to this law mean that those under contract to construct or build a public work today must know the residence of their employees and ensure that 90% of them reside in Illinois or have resided in Illinois for at least 30 days with the intent to become or remain Illinois residents. More importantly, the revised law appears to apply to both contractors and subcontractors. The new law applies if any “person or entity is charged with the contractual duty of constructing or building any public works.” Moreover, an entity “means any sole proprietor, partnership, firm, corporation, limited liability company, association, or other business enterprise,” but does not include the State or the Federal Government. Additionally, “every public works contract let by any such person shall contain a provision requiring that such labor be used.”

Because the law was just passed, there is no case law analyzing its scope; however, the language of the statute suggests it has a broad sweep, applying to both contractors and subcontractors. Additionally, the complaint form found at the Department of Labor’s website contains check boxes for both contractors and subcontractors, suggesting both are subject to the law. The language of the statute could even be read to suggest that a contractor is on the hook for a subcontractor’s violation of the law, even if the subcontractor is the party that did not employ the proper workforce.

What happens if I do not comply?

The new law makes major changes to the enforcement and penalty provisions. Under the old version, the Attorney General, on behalf of the Department of Labor, could sue for injunctive relief against the awarding of any contract or the continuation of any work under any contract for public works or improvements for violations of the Act.

Now, the law explains that the Department of Labor has the power to conduct investigations, and any investigator with the Department is authorized to visit and inspect, at all reasonable times, any places covered by the Act. Additionally, the inspector can inspect documents related to the determination of whether a violation of the Act exists. Furthermore, the Department may compel, by subpoena, the attendance and testimony of witnesses and the production of books, payrolls, records, papers, and other evidence in any investigation and may administer oaths to witnesses.

The revised law also enhances the Attorney General’s enforcement mechanisms. In addition to injunctive relief, the Attorney General can issue and cause to be served a cease and desist order and “take affirmative or other action as deemed reasonable to eliminate the effect of the violation,” and collect any civil penalties assessed by the Department.

These civil penalties are a new addition. Under the old version, a violation of the Act resulted in a Class C misdemeanor. Each separate failure to use Illinois laborers constituted a separate offense. Now, any person or entity that violates the provisions of the Act is subject to a civil penalty. The Act sets maximum fines for first, second, and third offenses.

1st offense – $1000 max for each violation
2nd offense – $5,000 max for each violation
3rd offense – $15,000 max for each violation

Each violation of the Act for each worker and for each day the violation continues constitutes a separate and distinct violation.

Finally, the revised law adds a private right of action, meaning that in addition to an action brought by the Attorney General, any interested party or person aggrieved by a violation of the Act or any rule adopted under the Act may file suit in Circuit Court, in the county where the offense occurred or where any party to the action resides. These private actions can only be brought:

(1) 30 days or more after a complaint has been filed with the Department of Labor or
(2) any time after the filing of a complaint if the Department of Labor gives notice that it will not proceed with the complaint.

Actions can be brought by one or more person or entity for and on behalf of themselves and other persons or entities similarly situated. A person is entitled to collect attorneys fees and costs and compensatory damages not to exceed $500 for each violation.

Let’s make this a bit more concrete with an example. A general contractor enters a contract to build a new gym at a public high school. The project is partially funded by federal funds administered by the State of Illinois. The unemployment rate at the time is 10.8%. These facts establish that the law is applicable. The contractor must be sure to comply with the law or face civil penalties. If the contractor has a workforce of 1,000, it may hire no more than 100 non-Illinois residents. If the contractor hired 105 non-Illinois residents (5 more non-Illinois residents than the law allowed), it would have 5 separate violations. If it kept these 5 employees working for 5 days, it would have 5 separate violations for each worker, leading to 25 violations (5 workers x 5 days). If this was the first offense for the contractor and the maximum penalty was applied in a case brought by the Attorney General, the contractor would owe $25,000 ($1,000 x 25 violations). Moreover, an Illinois resident that was not hired might bring a private civil action against the contractor seeking compensatory damages at $500 per violation ($12,500) and attorney fees and costs.

It is easy to see how a contractor not knowing the residence of its workforce could quickly become expensive. Because it does not appear that the unemployment rate for the State of Illinois will dip below 5% any time soon, contractors should be aware of the Employment of Illinois Workers on Public Works Act and continue (or start) accounting for the residence of their workforce.

To discuss this or another Business or Commercial legal issue, please contact the author, Kevin Green.

Whenever I read a news article on the internet, I always scroll down to view the reader comments to the piece. Why? Because people seem to pull no punches when putting their opinions in writing. And I always think-if they were actually speaking the words for the world to see, would they have put it the same way? I venture to guess that most would not. People seem to feel much safer posting comments on the internet than they would be with verbalizing them in a public forum, for example, saying them on TV. There is anonymity to the process of posting web comments that leads people to be more lax in their choice of words. Some comments can be downright vitriolic.

But, the old rhyme that ends with “names will never hurt me” didn’t take into account the tort of defamation.

Defamation is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, or group a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other the party defamed. Although both require “publication”, slander is spoken defamation and libel is written.

What those who post comments on websites need to realize is that they can be held liable in a lawsuit for the statements they make.

Most news organizations are taking the position that under the First Amendment, which deals with freedom of speech and of the press, they are not required reveal the identity of the person posting the comment. However, some courts are forcing the news organizations to reveal the identities of parties who are accused of making defamatory statements. For example, an Illinois Appeals court just recently held that the identity of two website commenters must be disclosed by an Ottawa, IL newspaper. The comments involved allegations that a local couple bribed certain officials in order to obtain approval for a zoning request for a bed and breakfast addition. Once the identities are revealed, these parties will be facing a defamation lawsuit.

A good rule of thumb when posting on the internet is this: if you wouldn’t feel comfortable saying it in person, DO NOT put it in writing. We all must take ownership of our statements and what we publish for the world to see on the internet. And then be ready and able to deal with the consequences that typing those words may bring.

Please feel free to contact Jena Borden to discuss this or any other legal topic.

Robert Rowland (RR): Typically, here in Madison County, living mesothelioma victims are able to obtain a trial date within six months of getting their basic information filed with the court. I don’t know of any jurisdiction where a victim can get their day in court sooner. We have set about 95 cases for trial per year over the last two years.

LAS: Is settling more advantageous for the client rather than going to trial?

RR: In a lot of ways, it is. It allows us to get money to our clients and their families sooner and help ease the financial burden caused by this devastating disease.

LAS: Who is your typical client?

RR: Many of our clients are members of labor unions in various types of work such as refineries, power plants and steel mills; they built big department stores, grade schools, highways and bridges—all typical examples of people who have asbestos-related disease. Most of our clients are men over 60 years old. We also have represented women—wives and daughters—whose only connection to asbestos was washing their husband or father’s clothes. We bring a measure of hope to our clients, even those diagnosed with mesothelioma. We are able to take care of their families and relieve that pressure while they are battling the disease.

I recently got a call from a family and immediately went to the hospital. I talked with and asked questions to a man wearing an oxygen mask because he probably wasn’t going to live through the night. He died that night and there is ongoing litigation on behalf of his family.

LAS: Many victims believe there is no hope of litigation if the company they worked for is no longer operational or bankrupt.

RR: That’s a misconception. We tell our clients not to assume anything; let us work on the case because a lot of people don’t realize the scope of asbestos-containing products. For example, drywall joint compound contains asbestos, so we would go after the manufacturer. Many different exposures could contribute to asbestosis. Most of our asbestos experts say that one single fiber can cause mesothelioma.

In regard to bankrupt companies, bankruptcy trusts have been set up to partially compensate people. Unfortunately, they only pay pennies on the dollar, which is why we go after asbestos exposure throughout a victim’s lifetime.

LAS: At what stage of the disease should someone file a claim?

RR: Every state has a statute of limitations that creates a deadline to file a lawsuit. For instance, here in Illinois, we have a two-year statute of limitations, and the discovery rule means that your time to bring a lawsuit starts when you have an injury and when you know, or should have known, that is was wrongfully caused.

In the past, clients would come to us after a loved one died and the death certificate read, “Cause of death was mesothelioma or lung cancer.” They only knew it was cancer, but when you have mesothelioma you go downhill so fast; it is a cancer that is unique because it has only one known cause: asbestos.

LAS: What is the next step, after a loved one has died from cancer, for a family member to determine whether they have a claim?

RR: A family member should get in touch with a lawyer if they suspect cancer fatality was related to asbestos exposure. The attorney will then contact a pathologist to review a biopsy of the decedent’s lung tissue in order to make a diagnosis that the death was essentially caused by asbestos exposure.

Without the lung tissue or cytology (which is fluid drawn from the lungs), it is very difficult to make a post-mortem diagnosis of mesothelioma. If someone is diagnosed with lung cancer, however, it is possible—with a B Reader x-ray—to determine whether a person had underlying asbestosis. And typically if you have lung cancer combined with underlying asbestosis, that is compensable.

LAS: Is it easier for the plaintiff to reach a settlement now, with more asbestos awareness, than in the past few decades?

RR: OHSA [Occupational Health and Safety Administration] came out with asbestos exposure guidelines in 1972, which put the industry on notice; the first lawsuits came soon afterward. Of course, companies in the asbestos industry knew about the dangers of asbestos exposure back in the 1930’s and before. Next, asbestos was banned in home construction by the Consumer Products Safety Commission in the late 1970’s. As government regulation increased, it raised public awareness of asbestos dangers and lawsuits followed.

Nationally, the courts are more in favor of plaintiffs, but defendants have fought the whole way—it is an ongoing battle. Now defendants use the excuse that bankrupt companies had a more dangerous product than the current company and therefore the fault lies with the bankrupt company. Their primary defense is, “The danger created by my product is insignificant.” They say their product is minor—based on the type of asbestos fiber—compared to others so they should be able to walk away scot-free. That is called the Chrysotile Defense. [Chrysotile is a mineral and a known human carcinogen. As with other forms of asbestos, exposure to chrysotile can cause asbestosis, lung cancer and mesothelioma.]

LAS: What happens when a defendant appeals, and what is the general time frame?

RR: If a jury finds in favor of the plaintiff at trial and the defendant appeals, the case is transferred to an appellate court. The appeals process can take years. Typically, each case involves 20-30 defendants and most defendants settle prior to the trial date.

LAS: Is asbestos a mass tort?

RR: A mass tort technically means an incident of widespread exposure and disease and a demonstrable level of causation between exposure and disease. Think Vioxx and previous large drug cases – they were mass torts. In many ways, asbestos was likely the first mass tort.

LAS: What makes prosecution of mesothelioma cases so difficult?

RR: Exposure is not an isolated event and the latency period between exposure and onset of the disease can be 30 years or more. This time frame makes the prosecution of asbestos cases unique and a law firm’s experience matters. A potential client comes into my office and we need to talk about what happened 30 or even 40 years ago. We need to piece together work history, home remodeling and even shade tree mechanic work to get a complete history of asbestos exposure. An even more difficult case involves a widow retaining a lawyer after her spouse has died from mesothelioma and she has to try to figure out what her husband did at work. The clock is ticking and you should seriously consider filing a claim sooner than later.

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The first asbestos exposure mesothelioma case was filed in 1929, making asbestos lawsuits the longest running mass tort in US history. Since that time, more than 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.

Robert Rowland and Goldenberg Heller Antognoli & Rowland, PC have produced extraordinary results in excess of half a billion dollars for their asbestos clients through litigation, settlement and trial. The firm is the most experienced asbestos litigation firm in the metropolitan St. Louis area.
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Please feel free to contact Robert Rowland to discuss any questions you or a loved one may have regarding Asbestos or Mesothelioma.

A charging order is a collection remedy with two unique features: (1) it applies only to a limited category of assets (i.e., LLC and partnership interests); and (2) it is the exclusive means to enforce a judgment against a debtor’s interest in an LLC or partnership. The remedy is designed to minimize disruption of an LLC’s business operations when a creditor of an individual member seeks to enforce a judgment against his LLC interest. A charging order gives the creditor the right to receive any distribution from the LLC that the debtor-member would otherwise be entitled to receive. However, the credit does not obtain the debtor-member’s voting rights or any other right to participate in management of the company.

A variety of practical issues detract from the efficacy of a charging order. Unless the LLC authorizes a distribution, the creditor receives nothing. And the creditor has no voice in the LLC’s decision whether to authorize a distribution. Although the court may order a foreclosure sale of interest subject to the charging order, bidders will be few and far between. Even after the creditor acquires the interest at foreclosure, he remains unable to participate in the LLC’s management and, therefore, may be at the mercy of management. Nonetheless, the charging order is the only method available to collect a judgment from a debtor-member’s LLC interest.

The LLC is rapidly becoming the business entity of choice among real estate developers and investors. Illinois first recognized this form of business entity in the mid-1980s. It gradually increased in popularity during the 1990s. Now our real estate clients now overwhelmingly favor the LLC over any other form of business entity. LLCs not only offer asset protection but also tremendous flexibility and avoid “double” income taxation associated with conventional business corporations.

A number of high-flying investors and developers who rode the real estate boom have crashed. Their creditors are struggling to find assets to satisfy tremendous liabilities. Since many of these debtors own membership interests in LLCs, their creditors must resort to the charging order remedy. As the demand for this remedy increases, it will emerge from obscurity. As resort to the charging order expands, a variety of unanswered legal issues will also emerge.

Some of these unanswered issues surfaced in the case described above, which involved multiple creditors competing for the same LLC interests. Creditor A used conventional collection methods and obtained a citation lien against the debtor’s LLC interest but never obtained a charging order. Creditor B obtained a charging order, but only after Creditor C had obtained a pre-judgment attachment. When Creditor C reduced its claim to judgment, it obtained a charging order, but its charging order came later than Creditor B’s. The trial court struggled with the tangled issue of priority for months, doubtless as a result of the striking lack of precedent in Illinois case law. Ultimately, the trial court ruled in favor of Creditor B. The Appellate Court has the case under advisement.

To discuss this or any legal issue related to Commercial Law or Real Estate Law, please contact the author, David Antognoli.

I love being a lawyer almost as much as I love being a Dad. As a lawyer, it’s important to me I teach my children how to respect the law and be aware of how to behave properly. One of the best ways of getting them to listen to me, not always an easy task when it’s Dad talking about the office, is to make stories about sports analogous to life lessons about the law.

I explain how Tee Ball is similar to the start of a case. You are learning the fundamentals about the defendants and your client, trying to figure out which base to run to and where to throw the ball. Then I try and illustrate to the 7 year-old how the next step is more complicated, investigating product identifications and placing certain products around the environment of our clients that could help our case. It’s similar to learning the subtleties of reading the pitcher before you attempt to steal second base. Finally, we move on to the “Big Leagues” where the competition intensifies, just like with the older kids and fast pitch. That’s where the combination of skill, preparation and work ethic determine success. Being able to read the seams on a pitch to determine whether it’s a fastball or a changeup can be the difference between success and failure. I try to impart to them how hard I work is as important to winning a case as it is to them winning a game.

Succeeding at the highest level of law means delivering for your clients. Doing your best is fulfilling as an attorney, much like it is as a father, and beneficial for our clients and children. Along the way, we deal with the other team, opposing counsel. However, at the end of the day we are friendly with each other, displaying good sportsmanship. We understand that each team is trying to do their best for their clients.

Finding satisfaction in a job well done, we can rest easy when we go home at night to hear about the kid’s day at practice. The next morning we wake up anticipating what the day will hold as we come into the office and work together as a team in order to win cases for our clients and hoping our kids get the game ball.

Feel free to contact John Woelfel if you would like to discuss this or any legal matter.

However, I fear we have lost the ability to differentiate when various forms of communication are better utilized than others. While I think voicemail, email, texting and tweeting are wonderful, sometimes you just can’t replace leaving a personal message, speaking on the phone or having a face-to-face conversation.

As an attorney, most of my time is billed hourly. It’s of the utmost importance that I am flexible in my modes of communication both to satisfy my clients’ preferences and to ensure I am efficient with my time. After all, my time is your money. And that is a relationship I take very seriously. That’s why we’ve made the effort at GHAR to ensure that when you call, a live person who sits in our offices answers the phone. When dialing me directly, my assistant Melissa is happy to patch you through, take a message or send you into voicemail. So if I’m unavailable and you need to explain the nature of your situation to a person rather than just leaving a voicemail, you have that choice.

The reason I’m writing this is because I saw an email communication go horribly wrong, with dire consequences on each side, and it never would have happened if either party had just picked up the phone. As a commercial attorney, I understand more than anyone the benefits of rapid, documented communications. And for that, email has no equal. But let us not forget that sometimes casual, undocumented communication is what is called for and I for one hope that we aren’t forgetting how to do that.

In the future I’ll follow this up with a post detailing how to use email in a way that protects your legal interests.

Please feel free to contact the author, Mark Goldenberg, to discuss this topic or for a free consultation.

To read this article, please visit The Record.

For more information, contact Mark Goldenberg.

SOAR will award a scholarship to a high school senior, as well as recognize some very important people to their organization.

For more information, please visit www.soar7-34-2.org.

To view the full article, please visit LawyersandSettlements.

To read the full interview please visit Lawyersandsettlements.com.

Arriving at Tri Township Park just after work on Friday, we set up our camp site, including a tent, snacks and decorations, and prepare for the events that will take place over the next several hours. During the set-up there are many friends getting re-acquainted from another year gone by and the excitement builds as new friendships are begun.  Everyone here is about to experience something they will not soon forget.

The walking starts with an emotional survivor’s lap, and everyone grows quiet as those who are battling cancer or who have won the battle take their turn to be recognized and celebrated.  Following the somber survivor’s lap, the teams begin their Relay. The goal is for one member of each team to be on the track at all times throughout the night and early morning. The feeling of unity is indescribable as the hours pass and sleep deprivation sinks in.  While the relay can get difficult, your sense of purpose is exaggerated because you are surrounded by the most inspiring fighters you have ever met.

Throughout the night, there are activities, games, and other forms of entertainment to keep the participants’ eyes open and hearts filled with hope for a cure.  It’s during this time that you hear stories shared of both progress and despair, and it helps everyone to keep going in their personal fight against cancer.

I Relay for those close to me who have battled cancer, who are battling cancer, and those who have lost the battle. Working in a firm that handles asbestos cases certainly introduces us to many people who suffer from cancer, and it certainly increases our awareness of the difficulties and suffering associated with cancer in its various forms.

My experience with Relay for Life has been eye opening and heartbreaking at times, but most of all it gives me hope for a cure.  If you would like to donate to Relay for Life and the American Cancer Society, or would just like more information, you can visit my personal Relay For Life page.

Please contact Holly Reese to discuss Relay for Life or any legal issue facing you or your family.

I went to a first meeting with a mesothelioma patient on last Saturday night. It’s difficult seeing the patient and their families in such distress. This recent instance was particularly hard because our client’s disease was so advanced. Unfortunately, as a result, he is not strong enough physically or mentally to give a deposition. This will limit our ability to document his exposures to various asbestos containing products. As a result, the fact that the disease was detected so late will limit his potential recovery from the responsible parties.

One of the most important but overlooked tips I can share with you and your family is to make sure your doctor is aware of your complete work history. Mesothelioma can take decades to develop after asbestos exposure and every work place, even the summer job during high school, may be significant. If your doctor is made aware of exposure at oil refineries, power plants or other likely asbestos sites, the doctor is more likely to monitor your condition more closely and may be able to diagnose sooner rather than later. The patient I met with last Saturday night had a work history very consistent with asbestos exposure and if the doctor had known that, the diagnosis may have been made much sooner.

Unfortunately, there is no cure for mesothelioma. So unlike some medical conditions, early detection won’t provide a cure but early detection can often result in a longer life expectancy. And we all know every second counts.

Please contact Liz Heller to discuss this or any other legal issue facing you or your family.

The best example of the law crossing over into hockey is when Todd Bertuzzi punched Steve Moore from behind in March 2004, and in the process, may have changed the legal landscape of professional hockey forever.  Some of you may recall this incident.  On March 8, 2004, the Colorado Avalanche were set to face the Vancouver Canucks.  There was some bad blood between the teams and it was rumored before the game that the Canucks were looking for revenge.

Bertuzzi, a noted tough guy, attempted to entice Moore into an a fight.  When Moore ignored Bertuzzi’s attempts, Bertuzzi came up from behind Moore and sucker punched him in the side of the face and threw his  head into the ice with the weight of his body behind him.  Moore was unconscious from the blow and suffered a broken neck with fractures in the C3 and C4 vertebrae and a T1 avulsion fracture.  Moore’s professional hockey career was over.

A civil lawsuit followed and is currently pending before the Ontario Superior Court.  When incidents like this occur, lawyers immediately think of the doctrine of assumption of risk.  Basically, this means that a person who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of others cannot recover for injuries resulting from that harm.  This doctrine is always present in contact sports, and for this reason, most injuries in sports are not compensable.

In Illinois, for instance, the Supreme Court expounded on the “contact sports exception” to ordinary negligence.  Karas v. Strevell, 227 Ill.2d 440, 884 N.E.2d 122 (2008).  The Illinois Supreme Court concluded that, “in a full contact sport such as ice hockey or tackle football, a participant breaches a duty of care to a coparticipant only if the participant intentionally injures the coparticipant or engages in conduct ‘totally outside the range of the ordinary activity involved in the sport.’”  Id. at 459.  This is a significant ruling when considering the Court’s rationale.  The Illinois Supreme Court is saying that in situations other than injuries that were intentionally caused, even if the players’ actions are with complete disregard for the safety of the injured player, the conduct must still be totally outside the range of activities for the sport.

The best way to explain this is by applying it to the facts of that particular case.  In Karas, the Court analyzed a situation where a player was checked from behind into the boards when he was skating for the puck.  The Court reasoned conduct such as body checking is within the range of normal activity of a hockey game, even if checking from behind is against the rules.  However, the Court inferred that if the plaintiff had been struck from behind away from the play and action of the game, that may well be a breach of the standard adopted by Illinois.

When applying the above reasoning to the facts in Karas, the Illinois Supreme Court ruled the plaintiff had no case.  Would this same standard make Bertuzzi liable for his actions in Illinois?  I guess the answer is:  It depends.

Fighting is an inherent part of professional hockey.  For hockey, more so than other sports, it is hard to draw the line on conduct outside the range of ordinary activity.  Sure Bertuzzi’s actions were intentional, but even he admits he had no intention of injuring Moore.  In hockey, you check or hit opposing players to gain a strategic advantage on the puck.  You are not meaning to hurt players, but rather you want to take them out of the play.

But when you watch Bertuzzi’s actions you will see Moore had no interest in fighting Bertuzzi and Bertuzzi’s actions had no connection to the play.  Surely, a professional hockey player does not expect another player to sucker punch him from behind and drive his head into the ice.  This was an intentional act that ended someone’s career.  The law should not protect such actions among sports’ participants.

In Illinois, the Courts may likely say that getting punched in the face is part of the sport.  However, the fact that Moore was skating away from Bertuzzi and Bertuzzi’s actions were completely unrelated to the play of the game, may make him liable in Illinois. Surely, this is outside the range of ordinary activity in a hockey game.  Bertuzzi gained no advantage on the play by knocking Moore out. I hope the Illinois courts would agree.

Of course, fighting is only allowed in professional hockey, but rulings such as Karas should be concerning for hockey parents, particularly when considering younger players.

The author, Ryan Mahoney, is available to be contacted to discuss this or other Business or Commercial legal issues.

A closer look at the other 88 “collapsed” companies reveals that not only have many of these companies remained in business, but many of them thrived after ‘going bankrupt.’  Walk into any Home Depot or Lowe’s home improvement stores and you will find a large percentage of these “collapsed” companies’ products on the shelves.  For example, the Pink Panther didn’t lose his job when Owens Corning went bankrupt.  Dick Cheney’s former employer, Halliburton, never missed a beat over the past seven years during the Iraq war since filing for bankruptcy protection due to its subsidiaries asbestos liabilities.

In another case, W.R. Grace filed for bankruptcy protection in 2001, even though it has annual sales of nearly 3 billion dollars.  In 2005, the United States Department of Justice filed criminal charges against Grace, including counts for fraudulent transfers of nearly 5 billion dollars just prior to the bankruptcy filing.

In other cases, I think it is hard to argue that these companies should not have “collapsed.”  The miners, manufacturers and purveyors of raw asbestos fibers should have been out of business sooner than they were.  If these companies had heeded the scientific and medical warnings in the 1930’s, 40’s, 50’s, 60’s or 70’s, maybe some of the victims who suffered needlessly would have been spared.  Perhaps these companies would still be in business had they only listened to their own insurance companies rather than their accountants back in the 1930’s and 40’s.  Perhaps these companies would still be around had they worked harder at developing safe substitutes rather than marketing asbestos as the miracle mineral for over 40 years.

So before we break out the black armbands and head out to candlelight vigils for yet another “collapsed” asbestos company, remember that the majority of these “bankrupt” companies are still manufacturing and selling products, still earning and delivering profits for their shareholders.  Please don’t pity a company that chose its course. Instead, let’s remember those folks who were never warned of the dangers of asbestos until many years after these ticking time bombs were inhaled into their lungs.  Let’s remember the men and women who worked for five or ten bucks an hour in dirty and dusty jobs, not the corporations that continue to profit after being relieved of the responsibilities they owe to these men and women who built America.

These companies had a chance to head off asbestos litigation 60 or 70 years ago.  These companies gambled that profits would exceed liabilities.  Thanks to favorable corporate bankruptcy law, in most cases, they bet correctly.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

Produced by Big Shark Cycles in St. Louis, this time trial series will be held for fifteen weeks, beginning Wednesday, April 21st with the first rider off at 6:31 p.m. All riders are required to wear helmets.  The course is a flat, 9.3 mile (15 kilometer) out and back time trial course located near Kilroy’s Restaurant at Smart Field in St. Charles, Missouri.

Registration opens at 5:00 p.m. and closes at 6:15 p.m.   The 1st race begins at 6:31 pm. The registration fee is $20 for the 1st race, $10 for each race thereafter. USA Cycling One Day and Annual License required.

Mark Goldenberg and Liz Heller hope to participate.  Come join us and always wear a helmet.  Happy cycling!

For more information, please contact Elizabeth Heller or Robert D. Rowland.

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Goldenberg Heller Antognoli & Rowland’s Robert D. Rowland sat down with Heidi Turner of www.lawyersandsettlements.com to discuss the connection and how individuals can seek relief.

To read the article please visit www.lawyersandsettlements.com.

If you feel as though your personal use of Accutane has caused you issues, please contact Robert D. Rowland.

Thankfully, the tide has turned in Illinois. Illinois medical malpractice victims are now allowed to seek full compensation for their clients as the Illinois Supreme Court has ruled non-economic damages in medical malpractice cases violates the Illinois Constitution. Under the old law, victims could be awarded no more than $500,000 in non-economic damages against doctors and $1 million against hospitals. Finally, Illinois juries will decide a plaintiff’s loss – not the legislature.

The State of Missouri continues to have a medical malpractice cap in place. In 2005, Missouri tort reform was passed which instituted a non-economic damage cap of $350,000, which is NOT adjusted for inflation. For insurance companies insuring medical providers who have committed negligence, the 2005 reform was music to their ears. They know that no matter how bad the act, no matter how severe the injury, their liability cannot be more than $350,000. We are pleased to report that on January 14, the Supreme Court heard the arguments from both sides regarding the constitutionality of the medical malpractice damage caps in Missouri. We hope to have good news to report soon.

To learn more or to discuss Medical Malpractice, contact Bob Rowland.

In this instance, it is believed that Mr. Olsen was exposed to asbestos fibers while helping his father on construction jobs as a young man. He went on to play college and professional football and after his retirement became an actor.

Unfortunately, the asbestos fibers, which had been in his lungs for over 40 years, eventually caused him to develop cancer in the lining of his lungs. A lawsuit to seek compensation from the companies who sold the asbestos containing construction materials used by Mr. Olsen in his youth, is still pending.

This insidious disease does not discriminate based on social status or job description. This most recent preventable fatality reminds us of that, as well.  May Mr. Olsen rest in peace.

To read the article posted on Fox Sports, click here.

To learn more, contact this author, Robert Rowland.

We normally caution our clients against trusting insurance adjusters. But at least adjusters are human and can look at photographs, listen to eye witness statements, take into account pain and suffering, and recognize drastic life-style changes after an accident. Colossus isn’t human. It uses formulas, not compassion. A computer cannot give consideration to the effects of losing your job, permanent scarring, painful medical procedures or lost time with your family. Colossus looks at the entered data only. It will search for surgical procedures, diagnostic testing (MRIs, x-rays, CT scans) and lost wages. It will determine what your medical diagnosis is and assign a certain dollar value according to that diagnosis.

Juries do not evaluate claims like this. Think about this situation – you are in a car accident and while your pain is immediate, you hope it will go away. When it doesn’t, you go to your doctor who runs several tests on you. All the tests are normal. Although there is nothing that can be done to help you medically, you experience daily pain. You cannot hold your grandchildren. You can no longer play golf. A jury would find that you have suffered a loss. Colossus, however, would consider you to have no injury at all. To trust Colossus as the authority on what your claim is worth would be a huge mistake. You have already been injured. If you are dealing with an insurance adjuster, it is in your best interest to hire an attorney who has experience with Colossus so that you are not injured again.

To learn more, contact Robert D. Rowland.