As a defense litigator I’m relied on to evaluate the settlement and verdict potential of cases for my clients. I recently settled a case that involved a female teenager with a large keloid scar on her leg below her knee. Personal injury cases involving scarring may seem straight forward but they can be challenging to […]
About Paul Steinhofer
General Contractors Beware
General contractors should be aware that simply paying workers’ compensation insurance premiums for a subcontractor will not provide them with the exclusive remedy protection under the Illinois Workers’ Compensation Act. The Illinois Supreme Court confirmed that the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/5(a), 11) do not extend to a general […]
Petrillo Issues Still Coming Up in Trial
In a jury trial I had this summer, the Petrillo issue was once again raised. The trial involved a construction accident resulting in serious injuries. Before the judge could rule on the Petrillo issue, the case settled. What could have been a protracted trial and appellate matter, was averted by the settlement. Nevertheless, the case […]
The Continuing Evolution Of E-Scooters
Many commuters consider 2018 as “the year of the scooter” with Bird and Lime having started an electric battery-operated scooter service in California late in 2017. With a maximum speed of 15 mph, these short-range electric vehicles consist of a narrow platform on which the rider stands with 1 foot in front of the other […]
Illinois State Legislature Passes Bill That May Allow Increased Civil Claims Against Illinois Employers
On March 14, 2019, the Illinois House passed Senate Bill 1596 by a vote of 70-40-1. The Bill creates a statutory exception to the workers’ compensation exclusive remedy provision for occupational injuries otherwise barred due to the Acts’ repose provisions.
5 Takeaways From Cook County’s New HIPAA Qualified Protective Order For Property and Casualty Insurers
The Law Division of the Cook County Circuit Court rang in the New Year with a new HIPAA Qualified Protective Order (QPO) following Judge John Ehrlich’s memorandum opinion in Shull v. Ellis, No. 15 L 9759. The New HIPAA QPO requires a party claiming personal injury to consent to an explicit waiver for other parties, […]
7th Circuit Court of Appeals strikes blow against Plaintiff’s Experts in Asbestos Ruling
Plaintiff Charles Krik, a life-long cigarette smoker, alleged that his lung cancer was caused, in part, by exposure to asbestos attributable to his work as a pipe fitter at an Exxon Mobil refinery. At the trial level, the judge barred plaintiff’s expert Dr. Arthur Frank and his opinion that “any exposure” to a given substance […]
NEW SUPREME COURT RULING WILL HAVE IMPACT ON MASS TORT LITIGATION
Justice Alito delivered the opinion of the U.S. Supreme Court on June 19, 2017 in Bristol-Myers Squibb Company v. Superior Court of California. The case concerned over 600 plaintiffs who brought suit in California state court against Bristol-Myers Squibb (BMS) alleging injuries from taking the drug Plavix. The vast majority of the plaintiffs were not […]
Talc’s Increasing Presence in Mass Tort Litigation Defense
Talc seems harmless enough. It is used in countless cosmetics and is a staple for infant care. Known as the “world’s softest mineral,” talc is mined from the ground like any other mineral. However, increasing evidence is showing that mined talc can be intermingled with asbestos. Recent court decisions throughout the country could be an […]
Secondary Exposure to Asbestos: When Taking Your Work Home Can Be Actionable
Take home, or secondary exposure, asbestos cases have increasingly become the norm in toxic tort asbestos litigation in the last 10 years. Secondary exposure occurs when a worker is exposed to asbestos at a job site and brings the asbestos-containing clothes home to be laundered by a family member. As a result, the family member […]