• Mark Poulakidas was a featured speaker at a CLE program entitled “Killer Cross-Examinations,” sponsored by the Chicago Bar Association. His remarks concerned the fundamentals of economic testimony and the cross-examination of retained expert economists.
• John Racanelli gave a presentation to the Allstate SIU department regarding the use of plaintiff bankruptcies to limit or abrogate damages in concurrent bodily injury cases when the plaintiff attempts to conceal that bodily injury case from the bankruptcy court.
• Mark Poulakidas’ oral argument before the Illinois Appellate Court (Fourth District) was successful. In its opinion, the court affirmed a dismissal entered in favor of our client pursuant to Illinois Supreme Court Rule 103 (b).
• Mark Poulakidas was invited by the Illinois Supreme Court to address the state’s newest attorneys at the Swearing-In Ceremony held at Navy Pier in Chicago.
• Mark Poulakidas has been elected Chairman of the Board of Directors of the Hellenic Bar Association of Illinois, and its sister Hellenic Bar Foundation. He is the immediate past-president of both organizations.
• John Racanelli gave a presentation regarding “Taking Effective Recorded Statements” to the Illinois Chapter of the International Association of Special Investigation Units.
• Jim Studnicka and John Racanelli obtained an Order from Judge Sullivan in Kane County granting summary judgment in favor of Jewel Food Stores in a case wherein plaintiff alleged that Jewel, the tenant at a strip mall, owed a duty to warn plaintiff of “unnatural accumulations of snow in the parking lot” allegedly created by a snow removal contractor. In the same case, Jewel obtained summary judgment as to spoliation claims related to the store’s failure to preserve video of the lot.
• John Racanelli obtained a not guilty verdict in Cook County on behalf of a retail grocer. Plaintiff claimed that she fractured her ankle as a result of a fall down the stairs after using the second-floor customer restroom. She claimed that a toilet overflowed and the water from that fixture was cascading down the stairs, creating an unavoidably dangerous condition. Video of the stairway, however, did not corroborate plaintiff’s claims of the alleged plumbing issue and instead showed plaintiff running down the stairs engaged in horseplay with her teenaged cousins.
• John Racanelli obtained a not guilty verdict in Will County on behalf of a retail grocer. Plaintiff claimed that she was caused to have a miscarriage as the result of finding a piece of chewing gum baked into a cake purchased from the store’s bakery. The employee who prepared the cake, however, was unable to chew gum due to her use of dentures and plaintiff otherwise failed to prove any causation for the miscarriage.
• John Racanelli had a motion for directed verdict granted in Kankakee County on behalf of a retail grocer. In this case, plaintiff claimed that a loss prevention associate treated him in a discriminatory manner due his race when he was asked to leave the store.
• James R. Studnicka was named Illinois ‘Super Lawyers’ by Chicago Magazine.
• John Racanelli obtained a not guilty verdict in DuPage County on behalf of a retail grocer in a case in which plaintiff claimed to have fractured her finger removing beer from the store’s cooler. Plaintiff failed to present any evidence that the display method was unreasonably dangerous or that the gravity-fed shelving unit was defective or malfunctioned.
• John Racanelli gave a presentation called “Anatomy of a Lawsuit” to SUPERVALU Inc. claims representatives in which he provided an overview of the litigation process from the point the complaint is served through verdict. The presentation was tailored to address specific issues commonly encountered by retail stores at each stage of litigation.
• James Studnicka and John Racanelli had summary judgment motions granted in premises liability cases filed against a pair of retail grocery chains. The first motion, granted by the Federal Court for the Northern District of Illinois, involved a woman who claimed to have slipped on liquid near the checkout area of a local grocery store. In the written opinion, the District Court Magistrate Judge noted that plaintiff’s theory that the water originated from a bag of ice was speculative, at best, and found that the store’s policies for periodic floor inspections and handling wet items at checkout were reasonable. Because plaintiff was not able to demonstrate that the store caused the water to be on the floor or had actual or constructive notice of its presence, summary judgment was granted.
The second motion, in the Circuit Court of Cook County, involved two men who claimed to fall in rapid succession on a cooking oil spill in the coffee aisle at the grocery store. The source oil bottle was found upright on a nearby shelf, the cap was intact on the floor and the foil seal was missing completely from the bottle, suggesting that the bottle had been opened intentionally. A manager and third party security officer had each completed inspections of the aisle within fifteen minutes before the alleged occurrence. Ultimately, the Court found that the plaintiffs failed to submit any evidence to demonstrate that the store caused or had actual or constructive notice of the oil spill.
• James Studnicka and John Racanelli had summary judgment granted in Kane County on a liquor liability case filed against a retail grocer. Plaintiff was injured in an automobile accident with an intoxicated driver who claimed to have obtained the intoxicating liquor from defendant. The evidence proved, however, that the AIP had asked a friend to purchase the alcohol for him and had not actually purchased it himself. The lack of a direct sale was fatal to plaintiff’s case against the retailer. The trial court’s ruling was affirmed by the Second District Court of Appeals. Osmani v. American Drug Stores (http://illinoiscourts.gov/R23_Orders/AppellateCourt/2014/2ndDistrict/2131330_R23.pdf)
• John Racanelli obtained a not guilty verdict in McHenry County on behalf of a retail grocer in case in which plaintiff claimed to have been injured after tripping on a utility cover plate. An eyewitness testified that plaintiff did not trip but appeared to intentionally lower himself to the floor. Additionally, evidence was admitted that plaintiff had made similar prior claims at a different store operated by defendant and at two other local retailers, video from one of which was presented in court.
• John Racanelli obtained a not guilty on behalf of a retail grocer at a Cook County arbitration. Plaintiff claimed that he was injured after he walked into a glass door at the store’s entrance that was difficult to see.
• John Racanelli gave a presentation to the Allstate SIU department regarding the use of plaintiff bankruptcies to limit or abrogate damages in concurrent bodily injury cases when the plaintiff attempts to conceal that bodily injury case from the bankruptcy court.
• Mark Poulakidas’ oral argument before the Illinois Appellate Court (Fourth District) was successful. In its opinion, the court affirmed a dismissal entered in favor of our client pursuant to Illinois Supreme Court Rule 103 (b).
• Mark Poulakidas was invited by the Illinois Supreme Court to address the state’s newest attorneys at the Swearing-In Ceremony held at Navy Pier in Chicago.
• Mark Poulakidas has been elected Chairman of the Board of Directors of the Hellenic Bar Association of Illinois, and its sister Hellenic Bar Foundation. He is the immediate past-president of both organizations.
• John Racanelli gave a presentation regarding “Taking Effective Recorded Statements” to the Illinois Chapter of the International Association of Special Investigation Units.
• Jim Studnicka and John Racanelli obtained an Order from Judge Sullivan in Kane County granting summary judgment in favor of Jewel Food Stores in a case wherein plaintiff alleged that Jewel, the tenant at a strip mall, owed a duty to warn plaintiff of “unnatural accumulations of snow in the parking lot” allegedly created by a snow removal contractor. In the same case, Jewel obtained summary judgment as to spoliation claims related to the store’s failure to preserve video of the lot.
• John Racanelli obtained a not guilty verdict in Cook County on behalf of a retail grocer. Plaintiff claimed that she fractured her ankle as a result of a fall down the stairs after using the second-floor customer restroom. She claimed that a toilet overflowed and the water from that fixture was cascading down the stairs, creating an unavoidably dangerous condition. Video of the stairway, however, did not corroborate plaintiff’s claims of the alleged plumbing issue and instead showed plaintiff running down the stairs engaged in horseplay with her teenaged cousins.
• John Racanelli obtained a not guilty verdict in Will County on behalf of a retail grocer. Plaintiff claimed that she was caused to have a miscarriage as the result of finding a piece of chewing gum baked into a cake purchased from the store’s bakery. The employee who prepared the cake, however, was unable to chew gum due to her use of dentures and plaintiff otherwise failed to prove any causation for the miscarriage.
• John Racanelli had a motion for directed verdict granted in Kankakee County on behalf of a retail grocer. In this case, plaintiff claimed that a loss prevention associate treated him in a discriminatory manner due his race when he was asked to leave the store.
• James R. Studnicka was named Illinois ‘Super Lawyers’ by Chicago Magazine.
• John Racanelli obtained a not guilty verdict in DuPage County on behalf of a retail grocer in a case in which plaintiff claimed to have fractured her finger removing beer from the store’s cooler. Plaintiff failed to present any evidence that the display method was unreasonably dangerous or that the gravity-fed shelving unit was defective or malfunctioned.
• John Racanelli gave a presentation called “Anatomy of a Lawsuit” to SUPERVALU Inc. claims representatives in which he provided an overview of the litigation process from the point the complaint is served through verdict. The presentation was tailored to address specific issues commonly encountered by retail stores at each stage of litigation.
• James Studnicka and John Racanelli had summary judgment motions granted in premises liability cases filed against a pair of retail grocery chains. The first motion, granted by the Federal Court for the Northern District of Illinois, involved a woman who claimed to have slipped on liquid near the checkout area of a local grocery store. In the written opinion, the District Court Magistrate Judge noted that plaintiff’s theory that the water originated from a bag of ice was speculative, at best, and found that the store’s policies for periodic floor inspections and handling wet items at checkout were reasonable. Because plaintiff was not able to demonstrate that the store caused the water to be on the floor or had actual or constructive notice of its presence, summary judgment was granted.
The second motion, in the Circuit Court of Cook County, involved two men who claimed to fall in rapid succession on a cooking oil spill in the coffee aisle at the grocery store. The source oil bottle was found upright on a nearby shelf, the cap was intact on the floor and the foil seal was missing completely from the bottle, suggesting that the bottle had been opened intentionally. A manager and third party security officer had each completed inspections of the aisle within fifteen minutes before the alleged occurrence. Ultimately, the Court found that the plaintiffs failed to submit any evidence to demonstrate that the store caused or had actual or constructive notice of the oil spill.
• James Studnicka and John Racanelli had summary judgment granted in Kane County on a liquor liability case filed against a retail grocer. Plaintiff was injured in an automobile accident with an intoxicated driver who claimed to have obtained the intoxicating liquor from defendant. The evidence proved, however, that the AIP had asked a friend to purchase the alcohol for him and had not actually purchased it himself. The lack of a direct sale was fatal to plaintiff’s case against the retailer. The trial court’s ruling was affirmed by the Second District Court of Appeals. Osmani v. American Drug Stores (http://illinoiscourts.gov/R23_Orders/AppellateCourt/2014/2ndDistrict/2131330_R23.pdf)
• John Racanelli obtained a not guilty verdict in McHenry County on behalf of a retail grocer in case in which plaintiff claimed to have been injured after tripping on a utility cover plate. An eyewitness testified that plaintiff did not trip but appeared to intentionally lower himself to the floor. Additionally, evidence was admitted that plaintiff had made similar prior claims at a different store operated by defendant and at two other local retailers, video from one of which was presented in court.
• John Racanelli obtained a not guilty on behalf of a retail grocer at a Cook County arbitration. Plaintiff claimed that he was injured after he walked into a glass door at the store’s entrance that was difficult to see.