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.

JC Penney, Macy's, and Martha Stewart are embroiled in a large commercial breach of contract case revolving around JC Penney's capture of Martha Stewart and her Martha Stewart collection housewares.  The Chicago Tribune explains that Martha Stewart signed a contract with Macy's which obligated her to create and market a line of products in Macy's.  Macy's got Stewart, who should be very used to court proceedings, to admit in depositions that the contract also was an exclusivity contract as well as a contract for her name, fame, expertise, and line of products.

This case illustrates precisely why depositions are critical to trial and provide a clear roadmap for trial strategy for both sides.

The Chicago Tribune reports that Pella Corp., of Iowa, manufacturer of self-branded windows, has reached a settlement with a Lake Forest doctor who sued Pella over issues with his ProLine series of windows in his home.  The doctor brought a class action against Pella Corp. in the name of all owners of ProLine series windows and Pella has agreed to pay those owners between $750 and $6,000 as well as warranty against wood rot.

After refusing to consider settlement in the case against an off-duty Chicago Police Officer who loudly used his office when threatening and eventually savagely beating Karolina Obrycka, a female bartender, the City is now willing to pay damages in exchange for limiting some very damaging precedent against the City, especially regarding tortious acts committed by its police officers.  

Two Chicago police officers who arrested a man filling up his tires at a gas station air pump were found liable for violating that man's civil rights by wrongfully arresting him.  The facts speak for themselves, but it must be noted that the Chicago Tribune observes that the City's Corporate Counsel failed to settle this case despite some very unsettling facts, including the fact the Chicago police officers changed their story regarding the Plaintiff and they both failed to appear at the aggravated battery hearing for the Plaintiff.

The CTA approved a $5.45 million settlement for the estate of a woman who was run over by a 152 Addison bus when she was trying to remove her bicycle from the front of the bus.  The CTA approved the settlement because its bus driver was negligent when he failed to look in front of the bus for anyone, especially a passenger that had just alighted.

A Cook County jury awarded an iron worker, who fell at a jobsite and was left paralyzed and in need of 24 hour care for the rest of his life, $64 million in total damages.  The company responsible is planning an appeal but the case is a lesson to both workers and construction companies in compliance with workplace safety procedures and policies.  OSHA compliance is critical for the long term survival of both workers and companies.

Blessed with qualified immunity and tort immunity generally, the City and its employees often hide behind either a blue wall of silence, like the Chicago Police has thrown up regarding the off-duty cop body slamming a female bartender, but also the City's Corporation counsel as is the case where the Chicago Police arrested a mentally ill California woman in Midway Airport and detained and released her into a south side neighborhood where she was eventually raped and fell off a building, ending up horribly injured. The CPD failed to adhere to department protocol related to the treatment of mentally suspect offenders and ignored clear evidence and fellow colleague appraisals regarding the mental health of the plaintiff.

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.

The Chicago Tribune reports that, in the face of a federal discrimination lawsuit, the IHSA has changed their policy to allow disabled athletes to participate in some competitions.

The IHSA also created three events specifically for athletes with various disabilities.  With the backing of the Illinois Attorney General, one student, Mary Kate Callahan, 17, has filed suit against the IHSA alleging violations of the Americans with Disabilities Act and the Federal Rehabilitation Act.  Early settlement talks were unsuccessful.

If you are a person with various accessibility needs and you feel that your are being discriminated against by anyone, contact an attorney to discuss whether the law provides a remedy that you can seek in court.

Each title of the ADA provides specific and general rights, privileges, powers, and protections and a litigation or transactional attorney can help you enforce your rights or draft agreements to protect and clarify rights or obligations under the ADA.