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Archive for the category: Constitution
  • Chicago Seeks to Restrict Gun Stores with New Ordinance

    Chicago has long been known as a city with a high violence rate. Decades ago, the city’s leaders created a ban on gun stores which has continued to the present time. Despite that ban, gun violence continues to be the city’s biggest problem. In 2013 guns were responsible for the deaths of 415 people. While this fatality rate is the lowest it’s been in over 40 years, it still remains three-times higher than gun violence in New York City.   Mayor Rahm Emanuel argues that banning gun stores makes it harder for criminals to buy guns and thereby, lowers the number of weapons on Chicago’s streets. However, one report states that the majority of guns used in criminal acts come from outside the state of Illinois and that a large number of the guns taken by law enforcement come from cities near Chicago. It is also reported that more guns are confiscated in Chicago than in New York City or Los Angeles over a single weekend.   Despite the city’s argument, a federal court ruled that banning gun stores from Chicago was a violation of the Second Amendment – the right to keep and bear arms for self-defense. The court issued an order that is forcing Mayor Emanuel to allow gun stores to open in the city. In response, the mayor introduced a new ordinance which opens the way for gun stores to operate, but restricts these businesses to less than 2 percent of the city’s limits.   In a city council meeting earlier this year, Mr. Emanuel pointed out that gun stores allowed to open in the city would be required to submit their records to law enforcement upon request. Gun stores would also have to conduct an inventory audit each quarter and make sure their employees were trained on how to identify gun traffickers as well as pass a background check. Additionally, all purchases of firearms would need to be videotaped and a person would be limited to buying one gun each month. People who buy handguns would need to wait 72 hours and people shopping for shotguns or rifles would have a delay of 24 hours to complete the transaction.   Supporters of the new ordinance say the strict restrictions are needed to combat the level of gun violence that besieges the city. Those opposed to the new ordinance allege that the mayor’s restrictions makes it nearly[READ MORE…]

  • Do Damage Cap Laws Pass Constitutional Muster?

    Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association.  States with damage caps vary wildly in their limitations and the types of damages that are limited.  For instance, California limits non-compensatory damages at $250,000, while Nebraska limits total damages at $1.75 million. In 2005, an Illinois law invoked limitations on non-economic damages at $500,000 in lawsuits alleging medical malpractice, including wrongful death, against a physician, and $1 million in lawsuits against a hospital.  In 2010, however, the Illinois Supreme Court deemed the damage cap to be unconstitutional because it interfered with the authority of judges and juries to reduce verdicts. Similarly, a wrongful death lawsuit filed in Indiana as a result of a catastrophic stage collapse that killed seven people challenges the constitutionality of the Indiana damage cap.  The plaintiffs’ lawsuit argues that Indiana’s damage cap of $5 million violates the Constitution’s due process and equal protection clauses, as well as the Indiana Constitution. Some state legislatures have recently proposed tort reform initiatives that would invoke damage caps.  For instance, earlier this year, the Tennessee legislature approved comprehensive medical malpractice tort reform that limits non-economic damages, such as pain and suffering, to $750,000 in most cases; caps punitive damages at two times compensatory damage or $500,000, whichever is greater; and prohibits punitive damages in most products liability lawsuits.  Similarly, the North Carolina Senate approved a tort reform bill that would cap non-economic damages at $500,000. On the other hand, Virginia proposed legislation to raise the cap on damages in medical malpractice cases from $2 million to $3 million and would increase the amount by $50,000 every year until 2031, but the bill was ultimately vetoed by the governor on March 31, 2011.   Given the overwhelming support for the Virginia bill, however, it remains uncertain whether the veto will stand or whether the bill will pass. Medical malpractice damage caps undoubtedly hurt patients and the general public by failing to hold doctors, hospitals and other medical professionals financially responsible for their injuries or deaths that they have caused.  The Chicago medical malpractice attorneys at Ankin Law Offices, LLC are committed to protecting the rights of victims of medical malpractice and their families. Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and[READ MORE…]

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    ankin law office llc

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    Our firm handles workers' compensation and personal injury claims in Chicago, Berwyn, Joliet, Cicero, Waukegan, Chicago Heights, Elgin, Aurora, Oak Park, Oak Lawn, Schaumburg, Bolingbrook, Glendale Heights, Aurora, Niles, Schaumburg, Arlington Heights, Naperville, Plainfield and all of Cook, DuPage, Lake, Will, McHenry, LaSalle, Kankakee, McLean and Peoria Counties.