Category: Negotiate - Nair Law LLC

Defective Baby Dresser Lawsuit Filed

3/15/2013

Product liability actions are premised on three major categories:
1. Failure to Warn
2. Defective Design
3. Manufacturing Defect

The Chicago Tribune reports that the parents of a toddler have filed suit against the manufacturer of their baby dresser for a product defect and for failure to warn about the dangers of their dresser when it tipped over and killed their 2 year old son. Their case seems to allege both a failure to warn as well as defective design of the furniture.

Fire-Breather Accident Sparks OSHA Investigation

2/5/2013

The Chicago Tribune report on a fire-breathing actor who was injured during his routine provides a model lesson for employers on worker safety and potential administrative action for failing to adhere to OSHA regulations for employee safety.

Here, the employee was an actor who happened to very publicly injure himself when his face and throat caught on fire while attempting a fire breathing routine.

The media firestorm, however, quickly engulfed reality and blew the matter out of proportion. It was so widely reported that an OSHA investigator reportedly showed up at the Civic Opera House to speak to officials and investigate their compliance with OSHA regulations.

NFL Pressures Fan to Drop "Harbowl" Trademark Application

1/23/2013

ESPN reports that the NFL has pressured a fan who clairvoyantly predicted this year's Superbowl matchup to give up his application for "Harbowl." The NFL asserted that Harbowl and Superbowl are so similar as to create a likelihood of confusion among consumers.

Cautionary Tale on Commercial Dispute

1/10/2013

The Chicago Tribune reports that two brewery business partners, Isaac Showaki and Andres Araya, are engaged in litigation over a widespread dispute. Having met 7 years ago while working for Bain Capital and consulting in Latin America for a brewer, the business partners set up a brewery in Chicago a bit less than two years.

Despite commercial success, including distribution deals with several local Chipotle franchises as well as other accolades, the business partners have a deeply personal dispute that has boiled over into the courtrooms.

new law on birth cert. gender changes

10/24/2012

The ACLU confirmed its latest victory in Illinois when Judge Hyman approved its settlement agreement with the Illinois Department of Public Health regarding the Department's prior policy of mandating gender reassignment surgery before it would consider reissuing changed birth certificates reflecting the applicant's new gender.

DISCRIMINATION SUIT AGAINST SCHOOL DISTRICT ILLUSTRATES A PYRRHIC STRATEGY

9/4/2012

A Chicago Tribune article on a school district's battle against a discrimination lawsuit illustrates that a battle of experts may lead to victory, but only at great cost.

In 2004, District U-46, based in Elgin, IL, changed its district boundaries. In 2005 parents of children from District U-46 sued alleging that the boundary change was intentionally crafted to place minority students in substandard and overcrowded conditions. Further, the suit alleged that the District reduced these students' access to gifted and bilingual programs.

CAT SMELL OFFENDS CONDO NEIGHBORS WHO SUE ASSOCIATION AND NEIGHBOR

8/21/2012

The Chicago Tribune has reported an amusing, but common, story of neighbors who use their respective property in incompatible ways that create conflict. According to a lawsuit filed, likely based on nuisance, breach of contract, and violations of the Condominium Property Act, 765 ILCS 605/1 et seq., a set of owners that had a condo in the building before the new owner ("Cat Lady"), have allergies to cats. Cat Lady has allegedly accumulated 20 cats in her single bedroom condo. The smell from the urine and feces has wafted, through shared ventilation, into the neighboring condos. The affected condo owners have sent letters notifying both the Cat Lady and the association (and its Board) of the issue. Even with notice, all parties failed to cure the issue and the offended parties sued.

STOPPING DEBT COLLECTION MALFEASANCE

8/20/2012

Debt collectors are getting even more aggressive in the wake of the Great Financial Collapse of 2008. As more and more Americans lose their jobs, homes, and livelihoods, debt collectors have expanded their "playbook" to collect on the debts created by the moribund economic state.

The Chicago Tribune has posted an article describing the aggressive, and often illegal, tactics that debt collectors have employed since 2008. Some states, such as California, are pushing back through lawsuits, both public and private, as well as proposed new state laws to counter some of the more egregious tactics, including harassing phone calls, intimidation, and a flood of lawsuits where they mostly obtain judgments by default and seek to enforce their judgments by freezing assets or garnishing wages (if any).