Attorney Articles

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,…

Robert A. Clifford, Senior Partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his October, 2012 column entitled “Granite State, Granite Heart.” In the article, Clifford explains the dangers that come with a new medical malpractice law recently passed by the New Hampshire state legislature. In 2012, New Hampshire became the first state to approve what is known as an “early offer program” pertaining to medical malpractice litigation. Under this…

We don’t absolutely know who shot down Malaysia Airlines Flight MH-17, killing 298 persons including at least one American citizen, or why they did it. We do know we need to take immediate steps to prevent such an “outrage,” as President Obama called it Friday, from happening again. Shooting down a civilian jet is unacceptable in modern times. Irina Tipunova, 65, told reporters how the body of a woman crashed through her roof. Everything in…

Robert A. Clifford, senior partner at Clifford Law Offices and monthly columnist for the Chicago Lawyer magazine, wrote his July, 2014 column entitled, “Arbitration Mandate Fails PR Test.” In this article, Clifford condemns the recent efforts of General Mills to force binding arbitration on anyone who “liked” one of its products on Facebook, downloaded a coupon, subscribed to an e-mail newsletter or simply purchased a product. Public outcry followed, so General Mills reversed their course…