Contributors

Trial Notebook

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Deputy fails to implicate marshal in FTCA claim

Stephen Linder’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress — based on allegedly tortious conduct by the U.S. marshal for the Northern District of Illinois and several other federal employees — relied on an 11th U.S. Circuit Court of Appeals case that concluded the discretionary-function defense provided by Section 2680(a) of the Federal Tort Claims Act doesn’t apply to assault, battery, false imprisonment, false arrest, abuse of process or malicious prosecution by federal law enforcement officers.

Lawyers' Forum

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Litigation over failure to disclose known conditions with property

Failure-to-disclose litigation, fraudulent misrepresentation and fraudulent concealment in real estate transactions have become more prevalent. It is unclear whether buyers have become more aware of the obligations sellers have to be truthful in representations during the transaction or whether there are more sellers who believe they can sell property with impunity, without fully disclosing the known condition of a property.

Lawyers’ Forum

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Asbestos civil conspiracy charge may finally see some resolution

The Illinois Supreme Court recently heard oral arguments in Jones v. Pneumo Abex LLC, 2019 IL Nos. 123895, 124002 cons., where the plaintiffs, John and Deborah Jones, sued brake-lining company Pneumo Abex and glass bottle maker Owens-Illinois for injuries John Jones allegedly suffered due to asbestos exposure during his construction career.

Legal History

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November 13

See if you know what happened on this day in Legal History with Karen Conti.

Legal History

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November 12

See if you know what happened on this day in Legal History with Karen Conti.

Federal Courts

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Federal prisoner’s med-mal suit fails; doctor’s affidavit needed

Today’s case is an interesting one of first impression by the 7th U.S. Circuit Court of Appeals regarding the Illinois requirement that a medical-malpractice complaint include an affidavit stating a doctor has determined there exists a “reasonable and meritorious basis” for the lawsuit.

Sports Marketing Playbook

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Aside from beating foes on the field; IP game just as important

A recent lawsuit over the sale of a Chicago Cubs souvenir is a departure from the usual intellectual property infringement dispute. Instead of a sports organization heading to court to protect its copyright or trademark from counterfeit merchandise or an allegedly infringing upstart, this time it’s the little guy who’s filing suit.

Lex Sportiva

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Biometrics increasingly play bigger role in pro, college sports

While the use of biometrics in athletic competitions and sports is quite common, players at both the professional and collegiate level are concerned about whether their biometric information is entitled to privacy and whether their data can be used against them.

Sporting Judgment

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Minor league players want back pay from MLB

Major League Baseball will soon crown a new World Series champion. Away from the field, a class of minor league baseball players recently scored a victory of their own.

Opening Statement

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‘The Inheritance,’ ‘Hadestown’ highlight N.Y. theater scene

I just came back from the city that “never sleeps… king of the hill… top of the heap.” That’s right — New York, New York. While I was there to attend the conference of the American Theatre Critics Association, I was able to take in some great Broadway hits for my annual report to our readers.

Opening Statement

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Lenny Bruce tribute, Leguizamo ‘lecture’ bring out the laughs

It was 1958 on Rush Street, or as one cab driver put it, “when Rush Street was still Rush Street.”

Opening Statement

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‘Photograph 51,’ ‘Frankenstein’ shine bright at 2019 Jeff Awards

On Monday, the Chicago Jeff Awards held it 51st annual Equity Awards presentation at the Drury Lane Theatre at Oakbrook Terrace and announced the results of its judgment of 132 productions at 43 Chicago area equity-producing organizations.
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