Illinois Injury Lawyer Blog

An engineering firm hired by personal injury attorneys for the victims of the bridge collapse says that the cause of the disaster was the failure of a beam. The findings of the engineering firm contradict the conclusion reached by the National Transportation Safety Board.

To read more about the findings.

A state House has approved three bills introduced by Democrats that would allow for drug liability lawsuits to be filed against pharmaceutical companies. The bill faces a strong opposition in the Senate. The current law protecting pharmaceutical companies is unfair to consumers and the bill, if passed, would allow greater accountability for drug liability.

To read more about the drug liability bill.

TIG Insurance Company v. Canel, No. 1-08-1251 (3/24/09) affirmed the trial court's order staying trial of declaratory judgment action by insurance company against insured law firm, pending the outcome of legal malpractice action, is immediately appealable pursuant to SCR 307(a)(1); because the stay is in the nature of an injunction. Further, trial court did not abuse its discretion when it ordered the stay; because premature resolution of the declaratory judgment action would decide ultimate facts critical to the legal malpractice action with regards to whether the insureds were acting as attorneys for the malpractice plaintiffs at the time of the transaction in question, and whether they committed malpractice. This case will have a great impact on legal malpractice.

Final personal injury lawsuit settlements were reached with two companies involved in the 2006 Big Dig tunnel ceiling collapse. The construction accident killed one woman when her car was crushed by the tunnel ceiling panels. The construction accident instigated the shutdown of multiple tunnels and ramps in the area.

To read more about the construction accident settlement.

Herman v. Power Maintenance & Constructors, LLC., No. 4-0800509 (2/19/09) reversed a decision and ruled that because of the doctrine of judicial admissions is not intended to punish unintentional mistakes and confusion, plaintiff's misstatement at first summary judgment hearing that plaintiff's cause of action accrued when defendant initially laid plaintiff off will not be treated as a judicial admission. Further, trial court erred when it granted defendant's motion for summary judgment, dismissing plaintiff's complaint for retaliatory discharge; because, although defendant initially laid plaintiff off when his medical limitations as result of work related injury prevented him from performing the work that was required, its subsequent letter to union refusing to recall him allegedly because of poor work performance could have been pretextual reason for retaliation because he filed workers' compensation claim. This case will have an effect on worker’s compensation cases.

Stay calm, says the Centers for Disease Control and Prevention, those vintage books you have are probably not hazardous to your children. Nevertheless, a new federal law banning more than minute levels of lead in most products intended for children under the age of 12 has prompted at least two libraries to pull children’s books printed before 1986 from their shelves. Lead poisoning is a serious product liability issue and can lead to irreversible learning disabilities and behavioral problems.

To read more about the potential risk of children’s books.

Polycarbonate is about to disappear from infant products because of concerns about the product safety of bisphenol A (“BPA”). The bans appear to be coming out of nowhere, but scientists have actually been persistently pushing for the product safety bans. Scientists claim that BPA gained notoriety when the U.S. Centers for Disease Control and Prevention detected BPA in the urine of 92.6 percent of the more than 2500 persons examined.

To read more about the BPA ban.

A. Bauer Mechanical, Inc. V. Joint Arbitration Board of the Plumbing Contractors’ Association, Nos. 06-3936 et al. Cons. (3/25/09) is a seventh circuit decision that found that the district court did not err in granting defendant's motion for default judgment on its counterclaim to enforce arbitration award where plaintiff failed to file response to counterclaim that had been attached to motion seeking leave to file same instanter. Dist. Ct. could properly enter default judgment where record showed that Dist. Ct. recognized counterclaim and directed plaintiff to file response to same, and that plaintiff subsequently failed to file timely response. Ct. rejected plaintiff's argument that federal court does not have discretion to recognize pleading attached to motion seeking leave to file same instanter. This case will have an effect of all personal injury claims.

A products liability bill in Congress right now seeks to grant the FDA authority to regulate tobacco products. The bill is called the “Family Smoking Prevention and Tobacco Control Act” and has bipartisan support. Supporters of the bill state that it is necessary because tobacco use is the leading preventable cause of death in the U.S. Yet despite its huge societal costs, tobacco products are the most unregulated consumer products on the market today.

To read more about the bill seeking FDA regulation of tobacco.

Illinois Senate Bill 1716 makes three changes to provide statutory guidance if a potential defendant dies before an action is filed to ensure that a statute of limitation does not bar a meritorious claim. The first one makes it explicit that subsection (b) of Section 13-209(b) applies if a tortfeasor dies "before an action is filed against him or her" by simply adding those exact words to codify Gaddy v. Schulte. The second requires notice of the appointment of the special representative to all known heirs or legatees of the decedent after the appointment. Adds new language to ensure that any interested person may substituted for the special representative for good cause to protect the heirs. The third provision repeals the limitation of liability to the estate's liability insurance if a special representative is used. This bill will have an effect on all personal injury claims.

The food industry recently launched a lobbying blitz as the House inches towards legislation bolstering food safety regulation. Food companies embrace some new rules because they have lost a lot of money following recalls, including the recent salmonella outbreak that caused personal injuries to nearly 700 people and has been linked to nine wrongful deaths.

To read more about the lobbying blitz.

Following the peanut salmonella outbreak, momentum is building to rework the FDA. The push is receiving support from pharmaceutical companies hoping for faster approval for new medicines. Drug advocates are allying with some of their longtime critics, pushing for a split in the FDA, with one division for food safety and one for medical products.

To read more about the push for the FDA split.

Jurors have awarded $10.2 million to a 28 year-old personal injury victim who was left a quadriplegic when he was stabbed with an ice pick and stomped in the neck in a brawl watched by a security guard who took no action. The jurors found that the security company was negligent and that its negligence caused the victim’s personal injuries.

To read more about the $10.2 million personal injury verdict.

A man who contracted polio while changing his daughter’s diaper thirty years ago has won a multimillion dollar product liability lawsuit against the pharmaceutical company. The personal injury lawsuit alleged that the oral vaccine contained a live virus that passed through the child’s body and infected the victim while he was changing her diaper.

To read more about the product liability lawsuit verdict.

An Illinois jury awarded $23.75 last week to victims who received personal injuries in an Illinois car crash involving three cars and a tractor-trailer. Two people died in the Illinois car crash, one received serious personal injuries, and others were hurt.

To read more about the Illinois car crash verdict.

With summer fast approaching, we at Levin & Perconti are concerned whether pool drains are safe for kids yet. Last summer, numerous reports surfaced that public pools lacked the proper product safety. A recent AP article addressed that nearly three months after a federal deadline to make public swimming pools safer, many have yet to be fitted with equipment aimed at preventing product liability and keeping children safe from powerful and sometimes deadly suction of drains.

To read more about the pool drain safety issues.

The Center for Science in the Public Interest, a watchdog group, is saying that online Acai credit card rip-offs are reaching new levels. First, in terms of weight loss that the dietary supplement promises, there is no reason why a fruit like this would have any particular effect. Second, the questionable “free trial offers” are being targeted by the Better Business Bureau for ripping off consumers.

To read more about the diet supplement’s warnings.

In Wyeth v. Levine, the Supreme Court of the United States voted 6-3 that federal approval of labels giving warnings about the effects of drugs does not bar lawsuits under state law claiming inadequate warnings of the health risk. The defendant argued that state court should be preempted by federal law. Wyeth claimed that a 2006 regulations of the Food and Drug Administration expressing concern about the impact of state failure-to-warn lawsuits on federal regulation should mean that such cases are barred. The Court said that since Congress has not authorized a federal agency directly to preempt state lawsuits, the Court was going to give less weight to FDA’s views on that issue. The patient had been given an intramuscular injection of the drug Phenargen and developed complications resulting in gangrene. She ultimately had to have her forearm amputated, ending her career as a musician. On appeal, the Vermont Supreme Court ruled that Wyeth was obliged to comply with a Vermont common law duty not to use a particular form of risky drug administration. This case will have a great impact on pharmaceutical liability.

The U.S. Supreme Court in Wyeth v. Levine has cleared the way for injured consumers to seek redress in state courts for alleged defects in products ranging from prescription drugs to cars. A recent op-ed argues that this product liability decision took account of the real world, where the FDA is understaffed and hard presed to monitor the safety of 11,000 drugs on the market.

To read more about the product liability editorial.

Adames v. Sheahan, No. 105789 & 105851 cons (3-19-09) found that the appellate court erred when it concluded that evidence was sufficient to find that police officer's negligent storage of his service weapon at home, resulting of the death of a child when he was shot by the officer's son, was committed in the course of his employment. It was not the kind of conduct officer was employed to perform, incident to his employment, or for the benefit of his employer. Therefore, it should have affirmed the summary dismissal of plaintiff's complaint against the sheriff alleging respondeat superior. In addition, count against gun manufacturer for failure to warn and design defect, is barred by the provisions of PLCAA. This case will greatly impact product liability cases.

Levin & Perconti has blogged on this odor-emitting drywall before and now builders are bracing for personal injury lawsuits. Recently, tainted Chinese-made drywall emitted sulfuric fumes that corroded the unit’s coils and raised an occasional stink. At no charge, the company has agreed to strip out the low-quality drywall and replace it.

To read more about the ensuing personal injury lawsuits.

Pollitt v. Health Care Service Corp, No. 08-3509 (3/10/09) is a seventh circuit decision that decided that in state-court action seeking recovery under state-law theories of bad-faith conduct on part of defendant-insurer, which in turn sought to recover medical expenses paid by defendant on behalf of plaintiff's son, Dist. Ct. erred in finding that plaintiff's action was preempted by Federal Employees Health Benefits Act without first determining propriety of defendant's removal of said action to federal court. While preemption is defense in state-court claim, existence of federal defense does not allow removal, and while 28 USC sec. 1442(a)(1) permits removal if record supported defendant's claim that it did nothing but carry out directions issued b y federal officer, Dist. Ct. cannot merely accept defendant's version of events as basis for removal without conducting evidentiary hearing as to role Dept. of Labor played in defendant's actions. Ct. also held that if case is properly in federal court, dismissal would only be appropriate due to plaintiff's failure to name Office of Personnel Management, rather than instant insurer. This decision will have a great impact on removal jurisdiction.

Product liability attorneys have filed a personal injury lawsuit aganst two makers of denture fixation creams. The product liability lawsuits allege that the products have high zinc levels that could lead to neurological problems.

To read more about the zinc product liability lawsuit.

About a year ago, a Smithsonian museum held an informational session on asbestos safety. A 53 year-old lighting specialist who had worked in the building for 27 years, learned that there was asbestos in the museum walls. Within weeks, the worker filed federal workplace safety complaints because he’d been experiencing shortness of breath and was later diagnosed with asbestosis.

To read more about the absestos complaint.

A woman is alleging that she was fired as a nursing assistant because she filed a workers’ compensation claim. In June 2008, the nursing assistant was injured on the job and sought medical attention that same day. Then, she filed a workers’ compensation claim. She was fired that same month.

To read more about the workers’ lawsuit.

Product liability attorneys for the drug maker of Seroquel are challenging medical expert witnesses in the product liability lawsuit trial. The attorneys are challenging findings of medical experts who claim that the anti-psychotic drug Seroquel causes diabetes.

To read more about the Seroquel lawsuit.

The family of the woman who received extreme personal injuries after being mauled by a chimpanzee has filed a personal injury lawsuit seeking $50 million in damages against the primate’s owner. The animal injury lawsuit alleges that the owner was negligent and reckless for lacking the ability to control a wild animal with violent propensities. The attorneys for the personal injury victim state that the victim remains in critical condition.

To read more about the animal injury lawsuit.

Levin & Perconti has reported on this workers’ compensation story before – about a 21 year-old McDonald’s employee denied workers’ compensation for his personal injuries sustained when helping a woman being beaten in the restaurant where he worked. The victim’s attorney has stated that his client only wants reimbursement for his medical bills. He has undergone three abdominal surgeries since the shooting, with medical bills for his personal injuries totaling over $300,000.

To read more about the hero being denied workers’ comp.

A Chicago rapper was killed in a weekend Chicago motorcycle crash. His motorcycle collided with a van in a Chicago car accident on Saturday. The car accident victim died only a couple of hours later.

To read more about the Chicago motorcycle accident.

Chicago Tribune recently reported a consumer advocate goal that may one day come to a supermarket near you in Chicago! Advocates say that supermarket scanners should be programmed to trigger an alert when shoppers try to buy a recalled product. A system of automatic warnings, consumer advocates say, would help ensure that recalled products, such as the more than 2600 recently recalled brands of ice cream, cake mixes, snacks and other items possibly laced with salmonella bacteria, are stopped at the point of purchase at the local supermarket.

To read more about the recalled foods checkout system.

A man was killed yesterday morning after a pickup truck accident. The deceased victim plowed through a fence around an Illinois cemetery and rolled over in the Illinois car accident. The police believe that the Illinois car accident victim was not wearing a seat belt.

To read more about the Illinois car accident.

Chicago Tribune reported yesterday that the weekend death of a man who fell in Chicago was ruled an accident by the Cook County medical examiner’s office yesterday. The accident victim died of head injuries.

To read more about the Chicago accident.

The court in a personal injury lawsuit recently stated that a doctor of a methadone clinic should have known that the methadone he gave a patient combined with other drugs could result in a traffic accident. The personal injury plaintiff was severely injured when the car she was in collided with the patient’s car that had crossed over a highway into her lane of traffic.

To read more about the car accident lawsuit.

An employee of a restaurant has filed a personal injury lawsuit against a roofing business for personal injuries sustained when a ladder fell on her. The personal injury lawsuit alleges that the business allowed the ladder in question to slip off the roof and land on her foot and ankle.

To read more about the construction accident.

A recent article reported that the FDA began to worry about the side effects of antipsychotic drugs that came on the market in the late 1990’s. The pharmaceutical company told the FDA that patients and doctors had reported 12 new cases of diabetes and five cases of related illnesses among the 623,000 who had taken its antipsychotic drug.

To read more about the pharmaceutical side effects.

Families of three teenagers who received personal injuries in an electrical accident three years ago received a personal injury jury recommendation of $2.3 million. Despite the decision, the personal injury defendant does not plan to make any changes to the cable at the lake.

To read more about the personal injury verdict.

Today and tomorrow, the American Association for Justice will conduct live focus groups to learn about the economy’s impact on your personal injury lawsuit juries. This seminar will examine the effects of the Wall Street meltdown on juries.

To register and view the agenda.

Recent articles on the Wyeth v. Levine Supreme Court decision have viewed it as the end to an acrimonious battle between pharmaceutical companies and patients who have received personal injuries by improperly labeled drugs. The ruling is also viewed as a rare win for consumers in a broader pre-emption war over whether regulatory agencies should trump local juries and liability lawsuits.

To read more about the consumer product liability victory.

Congressional Democrats recently introduced measures to allow consumers who receive personal injuries by a medical device approved by the FDA to file product liability lawsuits against the device manufacturer in state court. The move came following the Supreme Court Wyeth v. Levine ruling that allows patients to sue drug makers in state courts.

To read more about the Congressional medical device bill.

The U.S. FDA has issued new safety guidelines this week for companies that use peanut products. These guidelines follow the salmonella peanut butter outbreak, which the CDC said has caused personal injuries to 683 people in 46 different states. The Peanut Corporation had a $12 million personal injury liability insurance policy, but that will not be adequate to cover all of the product liability lawsuits filed against the company.

To read more about the new FDA guidelines.

A woman has filed an Illinois personal injury lawsuit against a Chicago-area spa on Tuesday after she received personal injuries when the massage table used to administer her massage collapsed. The Illinois woman filed the accident lawsuit in Cook County Circuit Court for injuries sustained.

To read more about the Illinois personal injury lawsuit.

A state legislature has passed legislation that limits workers compensation benefits for workers who suffer soft tissue injuries. The bill says a workers’ comp claimant who has had surgery for a soft tissue personal injury on the recommendation can get an etension of no more than 16 weeks of benefits.

To read more about the workers’ compensation bill.

Margaret P. Battersby, an Associate Attorney at Chicago personal injury firm Levin & Perconti, made introductory remarks recently at an American Constitution Society event on first amendment issues. Ms. Battersby introduced Professor Steven J. Heyman, a scholar on individual liberties, who then discussed his book Free Speech and Human Dignity.

To read more about Ms. Battersby’s remarks.

The U.S. FDA announced today that the manufacturers of metoclopramide, a drug used to treat gastrointestinal disorders, must add a black box warning to its drug labels about the risk of long-term or high-dose use. Chronic use of the drug has been linked to personal injuries, such as tardive dyskinesia.

To read more about the new warning for the pharmaceutical.

Nearly 40,000 fishing games, rattles, pull-a-long cars, mini pull back cars, and cartoon bubble guns are being recalled by the CBB group for fear of product liability. Specifically, the toys pose a danger to small children because their small parts can detach and cause personal injuries. Additionally, some of the toys contain excessive levels of lead, violating the federal lead paint standard.

To read more about the toy recall.

Wei-Chuan USA is issuing a product recall for approximately 89,531 pounds of granulated chicken bouillon products. The recall is in fear of product liability because it is not clear whether the poultry ingredients were prepared under inspection required by federal regulations.

To read more about the product recall.

Several Infiniti G35 2005 owners have filed product liability complaints against Nissan over the brake defects in their cars. Their product liability claims state that they are owed out-of-pocket costs for the cost of the brake pad and brake rotor replacements and that the defects have undercut the resale value of the vehicle.

To read more about the product liability complaints.

Today at 2pm, AAJ is offering a seminar on deconstructing the Supreme Court product liability ruling.

To register for the product liability seminar.

A jury awarded $2.6 million to an Illinois woman who died as a result of an asbestos-related ailment. The large Illinois personal injury verdict involved a wrongful death in 2006 stemming from mesothelioma. According to the records, the personal injury victim was exposed to asbestos when she laundered clothes belonging to her husband who worked at UNARCO Industries in the 1960’s.

To read more about the Illinois asbestos verdict.

Johnson v. Bishop, No. 2-08-0271 (2-10-09) is a case that affirmed plaintiff’s complaint, alleging that defendants negligently allowed person who was staying overnight in their apartment to gain access to the keys to one of their vehicles, and cause automobile collision, in which plaintiff was injured, is subject to 2-619 dismissal. Affidavits and depositions of defendants demonstrate that keys were not kept in plain sight; and that vehicle was taken without knowledge or permission. This case will impact all negligence lawsuits.

Bernis v. State Farm Fire and Causalt Company, No. 1-08-0284 (February 27, 2009) is a sixth division case that affirmed that after the Supreme Court ordered plaintiff's class action suit transferred from Madison County to Cook County and consolidated with cases already pending in Cook County, pursuant to the provisions of SCR 384, trial court did not err when it granted plaintiff's motion for substitution of judge as a matter of right; pursuant to the provisions of Section 2-1001 of the Code of Civil Procedure. Further, application of Code does not violate Separation of Powers. This case will have a great impact on class action lawsuits.

Quigg v. Walgreen Company, No. 2-07-0858 (3-2-09) found that the trial court did not abuse its discretion when it denied plaintiff's motion to voluntary dismiss her complaint against pharmacy, while a combined motion to dismiss was pending, in order that she be able to file the case in Cook County. Further, because pharmacies are not subject to liability under the Mental Health and Developmental Disabilities Confidentiality Act without having entered into a therapeutic relationship with their customers, trial court correctly concluded that plaintiff has not stated a cause of action under the Act for allowing her former husband to obtain her patient prescription profile from defendant's web site. This case will impact product liabilities cases.

Shales v. General Chauffeurs, Sales Drivers and Helpers Local Union No. 33 (No-07-3342) is a seventh circuit decision that found the district court did not err in granting defendant's motion for sanctions under 28 USC sec. 1927 and directing plaintiff's counsel to pay defendant's $80,000 in attorney fees for filing frivolous complaint without conducting reasonable investigation. While plaintiff's counsel argued that amount of sanction was improper in light of fact that he had only $2,000 available for payment of said sanction, Ct. found that, unlike sanction granted under Rule 11, ability to pay is not factor in any award under section 1927. This seventh circuit decision will have an effect on all plaintiff’s attorneys.

About 8600 handlebar stems used on Salsa Bicycles are being recalled because the stems can crack or break, posing a fall hazard to the consumer and causing personal injuries. The company has received 3 reports of handlebar stems breaking with one resulting in a rider suffering personal injuries in a broken wrist.

To read more about the product recall.

The U.S. Supreme Court recently issued an important product liability ruling in Wyeth v. Levine. AAJ is now offering a teleseminar on deconstructing the Supreme Court’s decision on preemption. The products liability seminar will be offered Monday, March 9 from 2pm Central Time to 4pm Central Time.

To register online for the seminar.

New documents made public last week in a product liability lawsuit showed that the antipsychotic drug Seroquel was less effective than older-generation psychiatric drugs. Over the past decade, the drug has been marketed as an effective treatment for schizophrenia and bipolar disorder, selling more than $20 billion of the drug.

To read more about the product liability lawsuit.

Levin & Perconti has blogged heavily about the recent recall of peanut products produced by the Peanut Corporation of America. This product recall is looking to be one of the largest in United States history. The outbreak will likely result in numerous product liability lawsuits and personal injury lawsuits.

To read more about potential lawsuits in the peanut recall.

A recent Supreme Court ruling that federal approval of a drug is no protection from product liability lawsuits in state courts could put heat on drugmakers. The product liability ruling could make pharmaceutical companies more cautious about safety issues, leading them to halt development of some medicines and pull others off of the market. The ruling upheld a $6.7 million jury verdict against a pharmaceutical company.

To read more about the Supreme Court product liability ruling.

To read the Supreme Court product liability opinion.

Union Pacific Railroad has denied that it owes personal injury damages to 1200 property owners, but has admitted that a train derailment and chemical spill caused damages to three houses, seven vehicles, and a semi-tractor trailer. A Union Pacific spokesperson states that the railroad wants to “make things right” with those who truly were injured by the incident.

To read more about the rail company’s response to the personal injury lawsuits.

A recent Government Accountability Office report urges the FDA to implement improvements on the monitoring and governing of dietary supplements. Certain factors allow potentially unsafe products to reach consumers. According to the LA Times, the report also indicated that in the United States, vitamins, minerals, and herbs accounted for a $24.7 billion business in 2007.

To read more about the dietary supplement report.

A personal injury lawsuit recently filed alleges that a school district employee burst the eardrum of a mentally disabled student with a basketball pump. The personal injury lawsuit defendants include the school district and seven of its employees. The lawsuit alleges that the child suffered permanent hearing loss from a ruptured eardrum, a loss in already limited communication skills, and other psychological after-effects.

To read more about the personal injury lawsuit.

The Illinois Attorney General Lisa Madigan filed a lawsuit today against a Chicago drug-testing company. The lawsuit alleges that the drug-testing company over-billed the state for $1.3 million dollars worth of work that was never done.

To read more about the lawsuit against the drug-testing company.

At least three personal injury lawsuits have been filed against Medtronic Inc. onbehalf of patients injured or killed by complications with the Medtronic Infuse Bone Graft. According to whistleblower lawsuits, Medtronic actively promoted and marketed the Infuse Bone Graft off-label for use in the cervical spine. When used during cervical fusion surgery, the Infuse Bone Graft has been associated with a high rate of serious product liability complications.

To read more about the product liability lawsuits.

A Chicago commuter train passenger critically hurt in a train crash that resulted in a wrongful death won a nearly $30 million Cook County jury verdict to compensate for her personal injuries. The Chicago personal injury victim suffered brain damage and remains in a wheelchair as a result of the 2005 train derailment.

To read more about the train accident verdict.

Glickman v. Teglia, No. 1-08-0392 (2-19-09) is an Illinois decision that found that the trial court erred when it granted when it granted 2-619 motion to dismiss plaintiff's complaint for personal injuries she suffered when she slipped and fell on ice on common property of her condominium, alleging that the Association was liable for negligent maintenance and defective design of common areas. Even though initial Board of Directors had not yet been elected, under Condominium Property Act, the Association was still liable for property maintenance, with the developer serving in the role subsequently served by elected Board. However, trial court did not err when it denied plaintiff's motion to amend complaint; because the motion to amend was not filed until more than 30 days after her complaint was dismissed under SCR304(a). This case will effect both premises liability cases and slip and fall cases.

According to a recent New York Times article, a pharmaceutical company buried unfavorable studies of its $4.4 billion blockbuster psychiatric drug Seroquel. Internal documents were released last week in a product liability lawsuit between the company and lawyers for thousands of people who sued the company because they said the drug caused diabetes and weight gain.

To read more about the product liability lawsuit.

Day v. City of Chicago, No. 1-08-1164 (2-9-09) is an Illinois decision that found that when the trial court erred when it granted 2-619 motion to dismiss FOIA request by plaintiff, who had been convicted of murder based on confession given to police officers, requesting general case and arrest reports from police station where he was interrogated; because City's affidavit that redacted portions of the documents are exempt because they involve ongoing murder investigation, are conclusory; and trial court failed to conduct in camera review of the portions which the City claims are exempt. Further, the trial court must give the plaintiff an opportunity to explore his argument that the City waived the personal information exemption to the FOIA by giving defendant the arrest records in the context of his criminal trial. In addition, the affidavits are too conclusory for court to determine that some documents satisfy the deliberative process exemption without the court first examining them in camera. This case will affect discovery methods in Illinois.