The novel issue in the case revolved around whether the owner can countersue and claim as an affirmative defense that the association's "failure to maintain the common elements of the property as required in the condominium instrument." Id. at *8.
The Chicago Tribune has an article about a Second District Appellate ruling, Spanish Court Two Condominium Association v. Lisa Carlson, that has remarkably altered the status quo in condominium law regarding a condo association's right, under the Forcible Entry and Detainer Act, to seize an owner's condo for failure to pay association assessments until, through rental of the property, the assessment arrears are satisfied. 2012 Ill. App. LEXIS 544, *7-8 (Ill. App. Ct. 2d Dist. 2012); 735 ILCS 5/9-111 (West 2010).
The novel issue in the case revolved around whether the owner can countersue and claim as an affirmative defense that the association's "failure to maintain the common elements of the property as required in the condominium instrument." Id. at *8.
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A jury awarded a University of Michigan student $4.5 million based on the actions of a former Michigan assistant attorney general who wrote negatively about the student on his personal blog.
You know the old saying, an attorney who represents himself has a fool for a client. Well, the foolish former assistant attorney general represented himself and stubbornly went down with his own ship. Relying entirely on a First Amendment defense, he refused to accept a settlement offer to apologize and retract his comments that the student used alcohol to entire minors to have sex with him. Employment litigation can often enter the news when it involves salacious or outrageous details, but newsworthy or not, not every employment dispute can be resolved through litigation. Retaliatory discharge (or demotion) claims can often be messy, but employers are not allowed under Federal and Illinois law to retaliate against employees for protected conduct. Employers can insulate themselves from liability by developing procedures and documentation. We can discuss with any size company measures that protect everyone from potential harm.
The anti-retaliation provision of Title VII of The Civil Rights Act of 1964 ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII. 42 U.S.C. § 2000e-3(a). Title VII allows "a person claiming to be aggrieved" to file a charge with the U.S. Equal Employment Opportunity Commission (the "EEOC") alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, the statute permits a civil lawsuit to "be brought . . . by the person claiming to be aggrieved . . . by the alleged unlawful employment practice." 42 U.S.C. § 2000e-5 (b), (f)(1). Local auto magnate Bob Rohrman filed an Alienation of Affection lawsuit against a plastic surgeon who was having an affair with his then wife, Rhonda. Rohrman, known for his signature advertisements, decided to seek an alienation of affections lawsuit against the amorously inclined surgeon in order to recover for expenses he spent while investigating his wife’s actions.
Few Chicago litigation attorneys are aware that Illinois is one of eight states that allows for Alienation of Affection lawsuits. Alienation of Affections lawsuits are rare and they are difficult to establish because it is comprised of many elements and the defense has many avenues to challenge each element and the overall claim. However, a plaintiff does not need to establish tawdry details such as proof or extramarital sex to establish a claim. Though most Chicagoans use the CTA day in and day out, there are occasionally tragic CTA accidents that may occur. Many of these accidents lead to a CTA injury lawsuit. In this case, a man was killed in a CTA accident on Chicago’s Loop while he was riding his motorcycle. The Chicago Tribune reports that the Chicago Police spokeswoman noted that "[t]he victim was riding a motorcycle northbound on Michigan Avenue when a CTA bus that was southbound struck him as it was making a left hand turn in the 600 block of South Michigan Avenue. CTA injury lawsuits are likely to become more frequent as many people turn to public transportation in Chicago’s increasingly aging system. There is no word whether the man’s surviving family has filed a CTA wrongful death lawsuit. The Tribune articles notes that the driver of the bus was cited for failing to yield right of way, indicating that the driver was negligent, creating liability for the CTA. Read more about the accident here.
A Chicago woman was recently awarded $5 million by a jury for a doctor’s error. The doctor performed a hysterectomy after a cesarean section. The Chicago personal injury and medical malpractice lawsuit involved experts that disagreed with the doctor’s diagnosis that a hysterectomy was necessary. The jury deliberated for four hours before awarding the plaintiff the $5 million dollar verdict. Read more about the suit: Woman Awarded $5 Million After “Unnecessary” Hysterectomy | NBC Chicago .
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AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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