Attorney Articles

By Robert A. Clifford AirAsia Flight 8501 was cruising at high altitude in an area of the world that has a reputation not only for high accident rates (3 times that of North America), but also for severe thunderstorm activity at altitudes that can exceed the ceilings of any airliner. Air traffic control (ATC) voice recordings reportedly show the pilots had asked for diversion around a storm cell but ATC denied that request. Minutes later,…

Senior Partner at Clifford Law Offices, Robert A. Clifford, wrote an article for GP Solo, a publication of the American Bar Association (ABA), “How to Pick and Talk to a Jury: Plaintiff Perspective.” In the article, Clifford goes into detail in regards to the jury. He discusses the role of the jurors, the ethics of voir dire, the importance of juror questionnaires, and more. He even provides several real-life examples of jurors in the courtroom….

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices, recently wrote an article that was published by the American Bar Association Litigation News on a recent court case that held that a defendant cannot be held liable in a products liability multi-district action if the company is compliant with Food and Drug Administration (FDA) rules. In a failure-to-warn complaint alleging the drug company, Merck, was negligent in its labeling following an injury to a patient,…

Litigation News October 21, 2014 By Pamela Sakowicz Menaker, Litigation News Contributing Editor A district court dismissed a product liability lawsuit against a drug manufacturer, concluding that the plaintiff failed to adequately allege a failure-to-warn claim against the company for its drug. In re Fosamax Products Liability Litigation (Gaynor v. Merck Sharp & Dohme Corp.). The district court held that because the drug manufacturer complied with FDA requirements to change its warning label, the plaintiff’s…

For the Gen X-ers, they know what this means. It’s the title of a popular song made famous by the musical group, the Black Eyed Peas. In legal circles, it became a copyright legal battle over whether the song was stolen by the internationally popular group from a young up-and-coming Chicago artist who wrote a song “Boom Dynamite.” In an article by Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Editorial Board member…

CBA Record September 30, 2014 By Pamela Sakowicz Menaker CBA Record, Editorial Board Member September 2014 Copyright infringement comes to life in the case of a young Chicago performer who tried to take on a highly successful international musical group, The Black Eyed Peas, for allegedly stealing her song. Chicago intellectual property lawyers Kara E.F. Cenar, lead defense counsel, and Justin Righettini of Bryan Cave, LLP represented the popular California-based group that included will.i.am. and…

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Associate Editor of the American Bar Association Litigation News, authored an article on a recent decision of the Florida Supreme Court that held caps on non-economic damages in medical malpractice cases are unconstitutional. In Estate of Michelle Evette McCall v. United States, the decision by the highest court in Florida makes it the eighth state in the country to strike down statutorily enacted medical malpractice…

September 15, 2014 By Pamela Sakowicz Menaker, Litigation News Contributing Editor – June 2, 2014 A cap on non-economic damages in wrongful death medical malpractice cases is unconstitutional, according to the Florida Supreme Court. Florida becomes the eighth state supreme court to strike down statutorily enacted medical malpractice damage caps. The others are Alabama, Georgia, Illinois, Missouri, New Hampshire, Oregon, and Washington, according to the American Association of Justice (AAJ). The Florida legislature approved a…

Senior Partner and monthly columnist for the Chicago Lawyer Magazine Robert A. Clifford of Clifford Law Offices wrote his February, 2012 column called, “Navigating the Waters of Mediation.” In this article, Clifford gives advice to his colleagues on how to properly approach mediation proceedings. Clifford advises lawyers to focus on a few main points, including the determination of the proper point in litigation to pursue mediation, allowing the client to be present for the mediation,…