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Levinson and Stefani

Holiday Roundup: Volunteer opportunities in Chicago

November 11, 2015 by Levinson and Stefani Leave a Comment

Volunteer
The big brown bins are back. Our building (230 W. Monroe) has propped them outside the elevators, asking for food contributions for the Chicago Greater Food Depository. ’Tis the season and we have lots to be thankful for. We also have good reason to give back, and we thought you might, too. We’ve rounded up a few local organizations/charities with brief descriptions of their respective missions and dates for upcoming volunteer opportunities. Below is a list of places that the members of our firm either know well and/or have worked with in the past. We hope you’ll get to know them as well this holiday season.

CGFD

Chicago Greater Food Depository

There’s a long history here. The depository has been around since 1979 and has grown substantially since then. A network of 650 pantries, soup kitchens, shelters, mobile programs, children’s programs, and other ventures, has long been a stalwart non-profit of Cook County. Last year, the depository distributed 68 million pounds of food equaling 155,000 meals a day for those less fortunate, and the depository shows no signs of slowing down. This year’s numbers could be bigger than the last with your help.

A relatively time-friendly volunteer option for those with little time to spare is on the horizon. Down in the Loop, volunteers for the Union Station Food Drive (Nov. 18 + 19) will be handing out brown paper bags to commuters during the evening of Nov. 18. Commuters are asked to fill the bags with shelf-stable food and return them the following morning, which volunteers then collect. Last year’s drive brought in more than 14,000 pounds of food in less than 24 hours.

Chicago Thanksgiving Basket Brigade Basket-Brigade

During last year’s Thanksgiving Day celebration, the Basket Brigade distributed 36,000 pounds of food to more than 1,500 families—over 1,000 volunteers participated. Inspired by the childhood experience of notable pitchman Tony Robbins, this charity focuses on providing struggling families with small but meaningful contributions to uplift their spirits during the holiday season.

The Brigade’s Assembly Day takes place the Sunday morning before Thanksgiving (the designated meeting place is still TBD). Volunteers help unload trucks, organize food, and distribute baskets around town before meeting a designated celebration location to eat, drink and, revel in some seasonal fun. If you’re not able volunteer, you have an opportunity to sponsor a family with a food basket ($30) that feeds a family of five.

Inspiration CorporationInspiration-Corporation-Logo

Founded in 1989, the Inspiration Corporation helps redirect the lives of homeless folks by providing education programs, mock interview for job seekers, tutoring, housing services and workforce development, among other things. The non-profit has several short-term and long-term volunteer opportunities for people with diverse backgrounds, or you can simply take your enthusiasm and hit the ground running. A short training session is required prior to joining, but the sessions are relatively short and happen frequently around town. Inspiration typically hosts hundreds of people each year for a special Thanksgiving celebration, and this year will likely be no different. If Thanksgiving doesn’t work out, there are plenty of year-round volunteer opportunities for you to learn about.

Meals on WheelsMeals-on-Wheels

This national non-profit has a familiar ring to it. For 25 years, Meals on Wheels has been collecting and delivering food to the homeless and people with disabilities. The organization’s crop of 500-or-so active volunteers has doubled since 2007. With their help, MOW continues to invest in the popular Holiday Meals Program, Home-Delivered Meals for Individuals with Disabilities, and the Home Modification Program, all of which serve to fill financial gaps in government subsidies to its two city partners. The local chapter of MOW supports these two partners through fundraising efforts like the option below.

On Tuesday, December 1, Meals on Wheels hosts Giving Tuesday, a volunteer event at the Thompson Hotel. You can help pack shelf-stable meal boxes for MOWC’s homebound seniors and individuals with disabilities. You can also partake in light refreshments and cocktails for just $20, all of which is donated to the programs of Meals on Wheels. You’re free to stop by anytime between 2–9pm.

Toys for TotsToys-for-Tots

This ubiquitous holiday charity was established in 1995 as an official activity of the U.S. Marine Corps and an official mission of the Marine Corps Reserve. It began as a way to supplement the toy collections of local units that had fewer Marines because of military cutbacks in the ’80s and ’90s, among other things, and has since gone on to provide toys to those less fortunate. Over 494 million toys have been distributed to more than 230 million people around the country.

You can drop off new unwrapped toys at the Toys for Tots Chicago drop off location at 3034 W. Foster Ave between 8am–8pm. If you’d like to volunteer, you can fill out a form available on the Toys for Tot website.

Can’t waive what you can’t foresee

November 10, 2015 by Levinson and Stefani Leave a Comment

Offord v. Fitness Intern., LLC, 2015 IL App (1st) 150879

Herbert Offord entered a LA Fitness with a guest pass. While playing basketball, Herbert allegedly slipped on water and fell, injuring his knee. Herbert sued LA Fitness alleging negligence and willful and wanton conduct. Plaintiff Herbert alleged that he slipped on water that leaked in from the roof. Defendant LA Fitness argued that the negligence count was barred by the guest waiver that the plaintiff had signed. Trial court found he Plaintiff signed the waiver and that the exculpatory clause that released LA Fitness from all liability arising from use of their facilities barred the negligence count. Plaintiff filed a motion to reconsider, was denied and then filed an appeal.

The appellate court reasoned that because the scope of an exculpatory clause is defined by the foreseeability of the specific danger and should strictly construed against the benefitting party that the Plaintiff could not have possibly foreseen that a leak from a defective building would cause his injury. The language used by LA Fitness is a standard use of language to cover incidents that involve gym members using equipment and the facilities, not to shield itself from injuries resulting from defects in the structure of their building.

A dissenting opinion from Justice Connors criticized the majorities “extremely tenuous distinction” between contemplating the source of the injury and contemplating the type of injury. Justice Connors argued that slipping on water is a risk commonly contemplated by gym goers and the point of the release is to put the plaintiff on notice of the range of dangers for which he assumes the risk to allow him to exercise greater caution. Therefore, Herbert should have exercised greater caution of the risk of slipping on a wet gymnasium floor, regardless of whether the wetness came from sweat, a water bottle or a leaky roof. The case was remanded back to circuit court.

Click here to read the full case note

Hurdles in sports injury cases

November 10, 2015 by Levinson and Stefani Leave a Comment

Pierscionek v. Illinois High School Ass’n, 2015 WL 6550826 (1st Dist. 2015). 2014-CH-19131

The Honorable Leroy K. Martine, Jr. of Cook County’s Chancery Division dismissed both counts of a lawsuit brought on behalf high school student athletes against Illinois High School Association. The Plaintiffs alleged that IHSA failed to minimize the risk of concussions or to act in a way that would do the same. The Plaintiffs argued that IHSA’s policies have not kept up with the latest science and research on concussion prevention in minor athletes. Plaintiffs asked the Court to force the IHSA to update its policies to reflect the most recent science on concussion prevention and to have the IHSA establish a fund to pay for medical monitoring of the high school student athletes.

While what the Plaintiffs ask for sounds like a good idea, having the Court impose pure policy changes is improper. The Court found the Plaintiffs were essentially asking the Court to take the place of the legislature. The separation of powers argument was persuasive on its own but was also supported by insufficient pleadings.

Illinois is a “fact pleading” state, which means lawsuits must allege facts that can be proven and, when taken together, lead to conclusions that are supported by law. When a complaint merely contains conclusions or facts that cannot be proven, or when either are not supported by law then the complaint does not properly plead facts and will be dismissed. The Court found that the majority of Plaintiff’s complaint contained conclusions rather than factual allegations capable of being proven which made it insufficient. ISHA made seven arguments that Plaintiff’s complaint should be dismissed with prejudice and the Court agreed with all but one.  

Click here to read the full case note

If you were me…

November 10, 2015 by Levinson and Stefani Leave a Comment

Ken stresses the importance of building a relationship instead of focusing on bold promises and the allure of big settlement histories. It’s important to know whether your lawyer has tried similar cases before. It’s important to know that you’ll be spending a lot of time with your lawyer. It’s important to feel comfortable dealing with the same person on a regular basis. It’s important to have some kind of bond.

Welcome to our new video series

November 10, 2015 by Levinson and Stefani Leave a Comment

Ken_Jay_Brett_BW

With a new website comes new opportunities. We’ve been working to provide insight into the world of law, and one of the ways we hope to educate people moving forward is through our new YouTube channel and video series, “60 second with Levinson and Stefani,” which we unveiled yesterday. These quick videos are meant to be convenient but also informative, a helpful opportunity to shed light on questions we’ve received in the past.

Our first video features Ken discussing an encounter with a prospective client that was looking to hire a lawyer as part of a wrongful death case. Ken recalls a particular question he was asked by the family: “If you were me, what would you look for in a lawyer?” It struck Ken as one of the better questions he’s been asked in recent memory.

As you’ll hear, Ken stresses the importance of building a relationship instead of focusing on bold promises and the allure of big settlement histories. It’s important to know whether your lawyer has tried similar cases before. It’s important to know that you’ll be spending a lot of time with your lawyer. It’s important to feel comfortable dealing with the same person on a regular basis. It’s important to have some kind of bond. Check out the vid and let us know what you think.

Ken spotted at the AAJ Trucking College in Dallas

October 19, 2015 by Levinson and Stefani Leave a Comment

This month Ken joined fellow lawyers from around the country specializing in truck collision cases to take part as a faculty member at the American Association for Justice Trucking College in Dallas, Texas. Working together with select high-profile litigators and students, Ken was honored to teach a series of daily workshops on truck cases that continues to impact legislation.

The AAJ regularly provides lectures, conferences and other formats for fellow lawyers to get a better understanding of current trucking issues; but more importantly, it’s a chance for people to come together to help improve their skills. Ken had the great pleasure of speaking to a variety of participants, as well as provide one-on-one tutorials for trial lawyers looking to gain insight on individual cases.

Topics of the trucking college included truck driver depositions, hours-of-service laws, insurance coverage, using the CDL manual, motor carrier training/safety manuals and safety director issues, among others.

Ken was able to spend time with participants to discuss their respective cases, using examples from real-life examples to help them apply meaningful techniques to their current and future cases.

Ken currently serves as chair of the Education Committee of the AAJ’s Interstate Trucking Litigation Group, planning, coordinating and participating in the TLG’s trucking education initiatives, which includes in-person seminars as well as webinars.

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