Making the Case Matters involving complex regional pain syndrome. Click for details.
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Wrigley Field, home of the major league baseball team Chicago Cubs, is shown in 2019. A case in which an Associated Press photographer was injured at Wrigley while working will not be dismissed. – File Photo/Kyodo via AP Images

Injury suit against Cubs advances

A state appellate panel upheld a denial of the Chicago Cubs’ motion to dismiss a lawsuit by an Associated Press photographer injured at Wrigley Field in a non-precedential Rule 23 opinion.
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Great Chicago Fire stopped Chicago Daily Law Record presses 150 years ago, but not for long

The Great Chicago Fire began Oct. 8, 1871, and raged for two days. Hundreds died, and tens of thousands were left homeless. Businesses were ravaged.
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Officials: Mobile lab to speed Illinois child-exploitation crackdown

SPRINGFIELD — Illinois and federal officials on Monday unveiled a mobile unit that they say will add speed and efficiency to digital investigations of child pornography and exploitation at a time when young people are using the internet more than ever before.
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Justice Brett Kavanaugh tests positive for COVID, has no symptoms

WASHINGTON — The Supreme Court says Justice Brett Kavanaugh has tested positive for COVID-19.
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R&B superstar R. Kelly convicted in sex trafficking trial

NEW YORK — R. Kelly, the R&B superstar known for his anthem “I Believe I Can Fly,” was convicted Monday in a sex trafficking trial after decades of avoiding criminal responsibility for numerous allegations of misconduct with young women and children.

Workers’ comp, airline deregulation laws ruled no bar to BIPA claims

Claims alleging violations of the Illinois Biometric Information Privacy Act do not infringe on territory already occupied by other statutes, U.S. District Judge Matthew F. Kennelly of the Northern District of Illinois held.

Appellate court reverses judgment in habitual criminal case

An Illinois appellate court threw out a man’s conviction for violating the state’s armed habitual criminal statute, ruling that the charge was improperly based in part on an act he committed as a juvenile.

Court again lets Texas continue banning most abortions

AUSTIN, Texas — Texas can continue banning most abortions after a federal appeals court rejected the Biden administration’s latest attempt to stop a novel law that has become the nation’s biggest curb to abortion in nearly 50 years.

Judge: Purdue Pharma can resume groundwork on its settlement plan

A federal judge on Wednesday allowed Purdue Pharma to resume its work carrying out the recent $10 billion settlement plan that allowed the Oxycontin maker to emerge from bankruptcy.

Courts & Cases

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Contributors

Trial Notebook

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Judge calls for care with Rooker-Feldman

A federal judge in Indiana ruled that the Rooker-Feldman doctrine blocked Jose Andrade’s civil rights complaint against the City of Hammond because he had already lost a state-court case that was “inextricably intertwined” with the federal litigation. That seemed sensible because both cases involved a decision by Hammond’s Board of Public Works and Safety that ordered Andrade to fix or vacate four of the five units in his apartment building. But the 7th U.S. Circuit Court of Appeals reversed — because the federal complaint alleged due process violations that preceded and were independent of the state-court case. Specially concurring with a welcome primer on Rooker-Feldman, Chief Judge Diane S. Sykes closed with important advice on how to properly analyze this issue. Andrade v. City of Hammond, No. 20-1541 (Aug. 25, 2021).

Global IP

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Solving the vaccine supply chain problem one copyright at a time

The recognition of the need for Pfizer vaccine booster shots signals that the threat from deadly variants of the coronavirus will continue so long as vaccine resistance hardens and global vaccine distribution inequality fosters new breeding grounds for even more deadly future variants. If we are going to stop this deadly cycle, we need to get serious about solving the challenge of global distribution equity.

For the Defense

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Defendants should consider making equitable arguments in tort litigation

Two recent decisions in favor of tort plaintiffs demonstrate that even when a defendant can satisfy all of the elements of a theory supportive of their position, they still may lose. One of the takeaways for defense counsel is to consider including in their briefs equitable and policy arguments underpinning the reasoning for the common law principle or statute they seek to apply as that can provide some guard against a court finding the equities favor the plaintiff.

Prosecution and Procedure

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Deference to fact-finder is crucial when assessing witness credibility

In another example of the concept of paralanguage and the importance of deferring to fact-finding at the trial level, the Illinois Appellate Court, 4th District, this summer issued an opinion in which it emphasized the necessity for the same deference when reviewing findings in collateral proceedings under the Post-Conviction Hearing Act.

Opening Statement

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Maestro Muti of CSO should rank among the great conductors

Like many of you, or at least some of you, I readily admit I am not an expert in the world of classical music.

Opening Statement

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‘Nobodies’ and other musical marvels ring out in Chicago again

Philosopher Henry David Thoreau wrote that “The mass of men lead lives of quiet desperation.”

Opening Statement

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Muhammad Ali battles explored in Ken Burns’ documentary on PBS

He was an egotistical, big-mouthed womanizer who rose to become one of the most popular men in the world. He was born Cassius Marcellus Clay, became boxing’s heavyweight champion of the world and then, as Muhammad Ali, became one of the most controversial figures in America — and one of its greatest heroes.

Opening Statement

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Audience makes a rousing return to Lyric Opera for ‘Macbeth’

After 18 months of darkness, there were many loud and prolonged audience ovations at the Lyric Opera of Chicago opening of Giuseppe Verdi’s opera of William Shakespeare’s “Macbeth.”

Opening Statement

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Clowns send in shows of spectacle, good cheer

For many years now, Chicago has been frequented by a bunch of clowns. And this is not a political commentary — I am referring to real clowns with painted faces, ridiculous costumes and flamboyant behavior.

Social Scene

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Social media and ethics in law

Salvi, Schostok & Pritchard attorney Heidi L. Wickstrom delivered a presentation Oct. 8 at the Nevada Justice Association's annual meeting in Santa Fe, New Mexico. Wickstrom’s speech focused on “Social Media Discovery and Ethics in Litigation.” — Photo courtesy of Salvi, Schostok & Pritchard
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Twenty-two new Cook County associate judges sworn in

Chief Judge Timothy C. Evans administers the oath of office to 22 new associate judges of the Circuit Court of Cook County in a virtual ceremony Monday. The 22 judges represent a diverse group, with 11 men, 11 women and 12 people of color. Anne M. Burke, chief justice of the Illinois Supreme Court, also welcomed the group.
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CBA Young Lawyers Section networks at social club

Members of the Chicago Bar Association’s Young Lawyers Section attend its social event at the SPIN table tennis club on Sept. 23. From left are YLS leaders Tracy Brammeier of Clifford Law Offices P.C.; Kenneth Matuszewski of Goldberg Segalla LLP; Micah Reeves of Kralovec, Jambois & Schwartz, and Daniel Berkowitz of the Illinois Attorney General’s Office. Attendees at CBA events are required to show proof of COVID-19 vaccination. — Photo courtesy Chicago Bar Association
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Firm lends a hand at South Side farm

Attorneys and paralegals from Elrod Friedman participate in a Day of Service at the Growing Home Urban Farm in Englewood on Chicago’s South Side on Sept. 24 to honor the anniversary of 9/11. The urban farm and community garden partners with organizations including the Greater Chicago Food Depository to provide fresh food to those in need. Firm attorney Stewart Weiss chairs the farm’s board. — Photo Courtesy Elrod Friedman

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