Vested Interest - Trends - March 1998 Issue

Clinton Popularity Soars Amid Backlash Against the Media

A Pew Center for the People and the Press survey of 844 adults nationwide found that popular disgust with the media is fueling the steep rise in President Clinton’s popularity. The survey found that 71% of all respondents view the president favorably, due to his strong State of the Union message (20%) and his ability to carry on despite the press controversy (13%). Especially among Republicans and Independents, many believe the media has convicted Clinton prematurely and unfairly. More than two-thirds of respondents believe that most reporters believe Clinton is guilty as charged, while just 9% of the public is so convinced. Overall, 51% of all respondents gave the media poor marks for its coverage. (Pew Center Press Release)

Banning Affirmative Action or Ending Discrimination?

The Washington Civil Rights Initiative has succeeded in placing a referendum on the November ballot that it says will end affirmative action. The referendum asks, "Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education and contracting?" Poll numbers released by WCRI show that 69% of Washington voters support the language, while 16% would vote no. The same WCRI poll, however, showed that asking if the state should end affirmative action cuts the "yes" vote to 43%, while the "no" vote rises to 37%. (Wall Street Journal, February 23, 1998)

Internet Grows as Source of News

A survey conducted by Market Facts for Internet news channel MSNBC found that a growing number of Americans are using the Internet to learn of the day’s news. The survey interviewed a random sample of 350 online news users, and estimates that 20.1 million Americans regularly use the Internet to follow the news. Nearly one third (32%) of Internet users access financial information on the web. Over one in five (22%) log on daily. Among people who regularly use the web, the web is their favorite news source. (PRNewswire, February 18, 1998)

Bottom News Stories of 1997

The Pew Center for the Public and the Press charts public interest in news stories throughout the year. Their list of 78 stories put the death of Princess Diana in September, disputes with Iraq over UN Inspectors in November, and the hamburger meat recall in September at the top of their list, followed very or fairly closely by at least 77% of all respondents. The least most followed news stories include the British Labour Party victory in May (followed very closely by 5% of respondents), debate over NATO expansion in June (5%), and the civil war in Zaire in May (4%). (Pew Center Press Release)

COMMITTEE UPDATES

Amicus Curiae Committee
Status Report 2-25-98
Volunteers are needed to review, monitor and/or brief these cases:

1. Boub v. Township of Wayne The Second District upheld the Circuit Court’s granting of summary judgment for defendants, township and its highway commissioner, in an action brought by a bicyclist who was injured in a fall while riding on a bridge which was under repair and was in unimproved condition. The Appellate Court held that the bicyclist was not an intended and permitted user of bridge, so that township did not owe a duty under the Tort Immunity Act to maintain the bridge in a reasonably safe condition for use by the bicyclist. The Court further held that the township was entitled to immunity under the Act with respect to plaintiff’s claim that it had initially failed to place signs warning of unimproved condition during repair work. Richard J. Hickey, Thomas E. Patterson, and Janice C. Breen of Hickey, Driscoll, Kurfirst, Patterson & Melia, Chicago, for Jon P. Boub, petitioner. Boub v. Township of Wayne, 291 Ill.App.3d 713 (2d Dist. 1997). PLA granted Wednesday February 4, 1998.
2. Portwood v. Ford Motor Co. The First District affirmed the Circuit Court’s dismissal of class action as time-barred where the proposed class action asserting warranty claims against automobile manufacturers was filed in Illinois after being dismissed by the United States District Court for the District of Columbia. (see dismissal at 130 F.R.D. 260, and denial of motion to reconsider at 130 F.R.D. 514) The Appellate Court held that a class action filed led in a foreign Judicial system does not operate to toll duly enacted limitations period under Illinois law. The Court further held that the six-month savings provision contained in the Uniform Commercial Code, rather than general one-year savings provision, applied to plaintiffs claims. Beverly C. Moore, Jr. of Moore & Brown, Washington, D.C., and Clinton A. Krislov and Jonathan Nachsin of Krislov & Associates, Chicago, for Gwendolyn Portwood, et al., petitioners. Portwood v. Ford Motor Co., 226 III.Dec. 486 (1st Dist. 1997). PLA granted Wednesday February 4, 1998.
3. Snyderman v. Silverman The First District refused to hear an appeal of the Circuit Court’s entry of partial summary judgment for an attorney seeking to enforce a personal loan given to a client. According to Petitioner Silverman’s attorney, Silverman had incurred excessive legal fees for Rudnick & Wolfe’s representation regarding the sale of The New Yorker condominium Complex. Snyderman made Silverman a personal loan of $400,000 without advising him to seek counsel. The sum was forwarded to Rudnick & Wolfe for outstanding attorney’s fees. Snyderman brought this action to recover the loan, and Judge Neville granted partial summary judgment, ruling that even if the loan was illegal or unethical, it was still enforceable. Bruce R. Meckler of Bates, Meckler, Bulger & Tilson, Chicago, for Silverman (petitioner). Snyderman v. Silverman, 1-97-3650, 1st Dist. Rule 23 order. PLA granted Wednesday February 4, 1998.
4. Modelski v. Navistar Pending in the First District on plaintiff’s appeal of a defense verdict, the issue raised is whether, in a strict products case, there is a post sale duty to warn, Plaintiff was injured by an ejector seat defect in a tractor, and claims that Navistar, after the sale, knew about the defect and should have warned plaintiff and other users how to avoid injury using the product. Chris Hurley, Chicago, 312-553-4900 for plaintiff. Modelski v. Navistar. Brief due in approximately one month.

Product Liability Committee

The recent Illinois Supreme Court Opinion of Best v. Taylor Machine Works was a major topic at the Product Liability Seminar held at the Drake Hotel in Chicago on January 10, 1998.

Kevin Conway, Bruce Kohen, Geoffrey Gifford, Jeffrey Goldberg and ITLA President Laird Ozmon discussed the Best opinion. The Constitutional analysis of the opinion and the effect of the decision on victims were the major areas of discussion. The Product Liability seminar was the first seminar by a major bar association in Illinois to dicuss the Best opinion.

Also speaking at the seminar were the Honorable Dean Trafelet, Larry Weisman, Gary McCallister, Rex Carr, Kathy Byrne, Valerie Leopold, Shawn Kasserman, Mary Kathryn Kelly and Roy Dripps.

The seminar was moderated by ITLA Board of Manager members Brad L. Badgley and Kevin J. Conway.

Legislative Reception
Wednesday, April 29, 1998
Baur’s Restaurant (behind the ITLA Office)
620 S. First St., Springfield
5:00 - 7:00 p.m.

This reception is being held to honor the members of the 90th General Assembly. It is important that there is a good showing by ITLA members.

R.S.V.P. the ITLA office, 800-252-8501, if you will attend the reception.

NOMINATIONS SOUGHT

The Nominating Committee of the Illinois Trial Lawyers Association will soon be appointed to consider recommendations of individuals for nomination to the ITLA Board of Managers.

If you are interested in serving on the ITLA Board of Managers during 1998-99, please notify the ITLA office, in writing, before May 1, 1998.