Backward Glances

Posted August 27, 2015 2:51 PM

Law Bulletin headlines this week in history by Christine M. Pusateri5 years agoDetails emerge about clerk's ‘jeans day’ — August 26, 2010A Cook County inspector general's probe found no evidence of wrongdoing in the circuit clerk’s practice of funding charities and employee parties by collecting cash from courthouse workers who want to wear jeans on the job. But the investigation concluded that the cash collection practices lacked internal controls, so the inspector general could only …

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Manufacturer claims immunity for rubber bullet injury

Claiming immunity under the Protection of Lawful Commerce in Arms Act when Eduardo Santos sued for severe injuries allegedly caused by a police officer who shot him in the face with a rubber bullet, Defense Technology — the company that manufactured the “kinetic impact projectile” and KIP launcher — argued the statute’s product-liability exception didn’t apply.
By Steven P. Garmisa
A judge’s ethical imperative: Follow the law or face the JIB

“The law that applies to this case is stated in these instructions, and it is your duty to follow all of them.” So states Illinois Pattern Jury Instruction 1.01(2), which the judge reads to the jurors in every criminal case before the jury begins its deliberations. If we expect jurors to follow the law, we surely must expect judges to lead by example and do the same thing.
By David P. Sterba
Defendant challenges ‘judicial legislation’ in suit over insider trading

Accused of insider trading, Michael Shvartsman argued this offense is “criminal law made by judges” that violates Article I of the U.S. Constitution and the non-delegation doctrine.
By Steven P. Garmisa
Court assesses offsets against employee’s underinsured claim

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an employee injured in an automobile accident was entitled to recover underinsured coverage from his employer’s automobile liability policy, subject to certain reductions.
By Don R. Sampen
Iowa Supreme Court blocks testimony about business records

In a case where prosecutors relied on the hearsay rule’s business-records exception to justify testimony about documents that weren’t admitted into evidence, the Iowa Supreme Court, citing decisions from across the country, reversed because “the rules of evidence create a ‘business records exception’ to the rule against hearsay and not a ‘testimony about business records exception.’”
By Steven P. Garmisa
Arizona high court rolls back clock to 1864 in abortion case

The Comstock Act of 1873 was referenced in the U.S. Supreme Court oral arguments in the mifepristone case recently heard, and may play a factor in at least some of the justices’ decisions. Turns out, Arizona told a certain justice, we know you like beer, hold this beer.
By Daniel A. Cotter
Aggregation supports corporate liability in case against Walmart

Count 2 of a civil complaint that accused Walmart of violating the Controlled Substances Act — by “knowingly” filling “ineffective” prescriptions from June 2013 to November 2017 — relied on mashup that combined the conduct of innocent pharmacists with the allegedly culpable knowledge of Walmart’s CSA “compliance team.”
By Steven P. Garmisa
6th Circuit mulls over mileage reimbursement for delivery drivers

In two cases consolidated for appeal about the correct reimbursement rate under the Fair Labor Standards Act for pizza delivery drivers who use their own vehicles, one district judge agreed with the drivers — ruling they are entitled to the standard rate of $0.54 per mile set by the Internal Revenue Service for business deductions in 2018.
By Steven P. Garmisa