Prosecuting or Defending a Civil Lawsuit Under a Fictitious Name
websitebuilder • October 16, 2014
Last month, the Illinois Appellate Court issued a rare opinion
interpreting section 2-401(e) of the Code of Civil Procedure, which allows a litigant to appear under a fictitious name upon a showing of “good cause.” In Doe v Northwestern Memorial Hospital
, 2014 IL App (1st) 140212, a group of plaintiffs filed complaints against Northwestern Memorial Hospital and Northwestern Medical Faculty Foundation alleging that the defendants negligently allowed a cryogenic tank to fail causing damage to semen and testicular tissue stored in the tank. Most plaintiffs suffered from cancers which were likely to significantly interfere with their ability to engage in ordinary reproductive activities.
In affirming the trial court’s order allowing the use of pseudonyms, the court recognized that the use of pseudonyms is disfavored and reserved for “exceptional circumstances” involving “highly personal” matters such as abortion, adoption, sexual orientation, and religion. Applying a balancing test, the court found that plaintiffs’ reproductive health and medical treatments were “extremely private and sensitive topics” and that individual privacy concerns outweighed the public’s interest in open court proceedings.
Learn how to navigate the process of winning a personal injury claim with the help of a reputable Personal Injury Law Firm in Springfield, MO. Read on for expert tips and advice.
For years, Illinois state law has said that bicyclists have the same rights and duties as people in automobiles. But a new law recently signed by Gov. Bruce Rauner (House Bill 5912) amends the Illinois Vehicle Code to state that every bicyclist on the road is enititled to all of the rights “including but not limited to” the ones dealing with right of way. The effect of this new law is to clarify that bicyclysts have the same right of way as a car or truck would have. While bicyclists do their best to be safe on the road, accidents still happen. The sad reality is that most bicycle accidents are not the fault of bicyclists, but are the result of other drivers who do not see or fail to yield to bicyclists. We’ve obtained record breaking verdicts that have gained us the reputation as one of the best accident law firms in Chicago. At Shapiro, Cohen and Basinger, Ltd., we are serious bicycle accident attorneys, not afraid to take on large corporations and insurance companies.
Illinois Lawmakers overwhelmingly approved a set of rules last week for police body cameras. The legislation was passed in response to national controversies over use of force after the deaths of unarmed black citizens in New York, Ferguson, Missouri and elsewhere. Under the law, police in participating departments would have to keep body cameras on at all times while on a call and the recordings would be maintained for 90 days. The law would also require independent investigations of officer-involved deaths. Proponents of the law hope it will serve to reduce police misconduct and unlawful use of force. The bill now goes to Governor Rauner for consideration. If you or someone you know has been the victim of police misconduct, contact the experienced police misconduct attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.
A recent study conducted by State Farm and the Insurance Information Institute found Illinois to be second among all states in the frequency of dog bite claims. In 2014 there were 309 such claims in Illinois with $8.9 million in claims paid. Children are most likely to be the victims of dog bites. If you or someone you know is the victim of a dog bite, contact one of the attorneys at Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.
On Friday, December 19, Governor Pat Quinn signed SB 3075 into law. The law amends the Code and the Code of Civil Procedure regarding jury service in Illinois. Specifically, the bill does the following: Cuts the number of jurors in civil cases from 12 to 6. The amendment also requires the parties to pay for alternate jurors. Increases the minimum payment for jury service to $25 for the first day and $50 for subsequent days. Mirrors federal law and that of many states by reducing the size of civil juries from 12 to 6 in Illinois. The requirement of unanimous decision is unchanged. SB 3075 was sponsored in the Senate by Senator John Mulroe. Representative Kelly Burke sponsored the bill in the House. The effective date for both bills is June 1, 2015. If you or a loved one have been injured, call Shapiro, Cohen and Basinger, Ltd. to discuss your right to a civil jury trial.
Video cameras and audio recording devices will be allowed in some Cook County courtrooms beginning January, 2015 month, Cook County Circuit Court Chief Judge Timothy C. Evans announced this week. Cook County joins about 40 other Illinois Counties which allow video of court proceedings. The pilot program will apply to some felony courtrooms at the Leighton Criminal Court Building, at 26th St. and California St. in Chicago. The Illinois Supreme Court previously approved the use of cameras in trial courtrooms as a way of making legal proceedings more transparent. Under the program, video coverage will be prohibited in juvenile, divorce, adoption, child custody, evidence suppression and trade secret cases. Additionally, in the case of a sexual abuse prosecution, coverage of the accuser’s testimony is prohibited without his or her consent. Judge Evans welcomed the pilot program, saying in a prepared statement “I am extremely pleased that the public will now hear and see through extended media coverage, exactly what is taking place in Cook County courtrooms.”
A proposal to trim the number of jurors from twelve to six in civil trials in Illinois circuit courts passed the Illinois House of Representatives on December 2, 2014. Senate Bill 3075 would cut by half the size of civil juries while boosting juror pay to $25 for the first day of service and $50 per day thereafter. The measure now moves to the Illinois Senate for debate. If the bill passes the Senate, it would move on to Governor Quinn for consideration. Supporters of the bill point out that the federal courts and a majority of state courts already use civil juries of this size. Additionally, advocates of the measure state that reducing the number of jurors in civil cases would mean less citizens being called for jury duty, thereby disrupting fewer families and businesses. The change would also shorten the voir dire process in trials, during which attorneys and the court question jurors to ensure those selected for jury service can be fair and impartial. Should you have questions about your right to a civil jury trial, call one of the injury lawyers at Shapiro, Cohen and Basinger, Ltd. today for a free consultation.
The New York Times reports that the National Highway Transportation Administration is investigating a power steering issue that could affect 938,000 2010-2012 Ford Fusion and Lincoln MKZ sedans, noting the company has already recalled 1.1 million other vehicles due to the defect. The Times reports that NHTSA “has received 508 complaints from owners, including four reports of accidents that occurred when the power steering assist suddenly failed, requiring ‘increased steering efforts that contributed to a loss of control and crash.’” If you or a loved one has been injured due to mechanical problem with a vehicle, contact Shapiro, Cohen and Basinger, Ltd. today to discuss your legal rights.
Joscelyn Johnson was 38 weeks pregnant when her doctor, Dr. Emanuel Javate scheduled her to be admitted to St. James Hospital in Chicago Heights early to induce her due to pregnancy induced hypertension and an expected large for gestational age baby. Joscelyn and her significant other, Christopher Burress, were thrilled about the imminent delivery but never could have imagined the tragedy that was about to unfold. Joscelyn suffered a rare complication known as a uterine rupture, a condition where the uterus tears causing a disruption of the blood flow and thus the oxygen flow to the fetus. Although the nurses and the doctor were supposed to be monitoring her they shrugged off the warning signs and tragically assumed that all was well when it wasn’t. Dr. Javate didn’t even come to the patient’s room to see her until the baby had receded up the birth canal–a highly unusual event that invariably means a rupture is occurring. When he did finally come in, instead of ordering an immediate C-section, he told the nurse to give her Pitocin–a drug used to stimulate contractions–the opposite of what should be done when the uterus is in the process of rupturing. Eleven minutes later he realized his mistake and ordered the C- section but by then it was too late and baby Nakia had passed away. Because Dr. Javate was employed by a federally qualified clinic, the case had to be filed in federal court and there was no right to a jury. The hospital settled for $650,000 shortly before trial but the US government (which represented Dr. Javate), refused to even discuss settlement so the case proceeded to trial against the US and was tried by Don and Matt in January. The Honorable Thomas Durkin issued his decision on September 5, 2014 ruling in favor of the plaintiff and assessed the damages at $1,500,000. In his 58 page written decision he found for the plaintiff on virtually every aspect of the case. While nothing can replace the child they lost, Joscelyn and Christopher are extremely gratified that the responsible parties have been held accountable for their neglect that caused Nakia’s death.