Jones Day Obtains Victory in Robare Case
Law Firm News
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In Robare, the New York Appellate Division, Third Department, affirmed the trial court's order granting defendants' motions for summary judgment dismissing the complaint on the ground that all causes of action against the defendant cigarette manufacturers, including Firm client R.J. Reynolds Tobacco Company, were barred by the applicable statute of limitations. The issue on appeal was whether equitable estoppel prevented defendants from asserting the statute of limitations defense. Absent such estoppel, the plaintiff's claims were clearly time barred.
Plaintiff initiated his action against defendants in August of 1997, well beyond the three-year statute of limitations. He argued that defendants should be equitably estopped from asserting the statute of limitations defense based on various news items he either read or saw regarding the defendants' statements about smoking. The court held that the doctrine of equitable estoppel was inapplicable because plaintiff had timely awareness of all appropriate facts to permit him to make further inquiry before the limitations period expired, and because he either could not have reasonably relied on the news items he claimed to have seen in light of his admitted knowledge of the health risks of smoking, or that news constituted nothing more than mere denials of wrongdoing insufficient to create an estoppel. The court also found that there was no special relationship between plaintiff and defendants that would create a fiduciary relationship obligating defendants to inform plaintiff of the facts underlying his claim. Accordingly, the dismissal of plaintiff's action was unanimously affirmed.
Reynolds was represented by Harold Gordon and Daniel Russo in the New York office.
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Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.