Articles

Legal Trends Spotlights Key Victory in Infertility Case and Latest News in Priest Sexual Abuse Cases

In this issue of Legal Trends, we discuss the Hollander Law Offices’ appellate victory in Hall v. Nalco, Co., and highlight the latest news in the sexual abuse scandal which continues to plague the Catholic Church. We also feature a recent study which suggests it is better to settle a lawsuit than taking your chance at trial.

Employment Law

Seventh Circuit Holds That Pregnancy Discrimination Act Covers Infertility.

Cheryl Hall was employed as a District Administrator for Nalco Co., a water treatment company. In April, 2000, Hall began reporting to Marv Baldwin, and reported to him up until the time of her termination. On March 3, 2003, Hall requested a leave of absence for the purposes of undergoing In-Vitro Fertilization, (“IVF”).

Hall underwent IVF treatments between March and April, 2003. At the end of April, 2003, Hall told Baldwin that she would need a second leave of absence to undergo infertility treatments. In July, 2003, Hall left the leave forms with Baldwin for his signature.

When Baldwin got back to Hall, he told her that the office was moving to Naperville, and that she was going to be out of a job. When Hall pressed Baldwin as to why she was selected, as opposed to the other woman who was retained, Baldwin remarked that “it was in her best interest due to her health condition and that this would be best.” Evidence in the case also revealed that the Manager of Equal Employment and Employee Relations wrote in her notes that Hall missed a lot of work due to “absenteeism—infertility treatments.”

Hall did not simply accept Nalco’s explanation for her job loss - she turned around and filed suit against the company in federal court in Chicago, charging that her former employer discriminated against her on the basis of her infertility treatments.

Judge David Coar did not decide the facts in the case, but in a pre-trial ruling, held that the Pregnancy Discrimination Act did not cover infertility, as the condition affected both men and women. Hall appealed the court’s ruling.

On June 4, 2007, Eugene K. Hollander presented oral arguments before the appellate court. July 16, 2008, the Seventh Circuit Court of Appeals issued a landmark opinion, ruling that women who undergo infertility treatments are protected under federal law. The court noted that this was the first time that a federal appellate court decided the issue.

The case was covered by the Wall Street Journal, the Chicago Sun Times and The Chicago Daily Law Bulletin. Judge Coar has set the case for trial on February 16, 2009.

Personal Injury Law

Archdiocese of Chicago Pays Out Nearly Thirteen Million In Latest Cases.

For the time being, there does not appear to be any letting up in the number of sexual abuse cases brought against the Catholic Church. The Archdiocese of Chicago announced a $12.7 million settlement to sixteen victims of priest sexual abuse. Fourteen of the victims claimed that they were sexually abused between 1962 and 1994. Two of the victims claimed that they were sexually abused by Daniel McCormack when he acted as the pastor of St. Agatha Roman Catholic church on Chicago’s west side. Other priests who were identified as allegedly abusing victims included Joseph Bennett, Norbert Maday, Robert Mayer, James Hagan, Robert Craig, the late Robert Becker, the late Thomas Kelly, James Steel, Joseph Owens and the late Kenneth Ruge. One of the victims, who allegedly was abused by Steel when he was assigned to the St. Joseph the Worker Church in Wheeling, claimed that he was abused between the ages of 12 and 13.

The Archdiocese of Chicago also released a deposition which Cardinal George gave in the case. In the deposition, Cardinal George stated that as many as 23 people have alleged that they were sexually abused by McCormack. McCormack is now serving a 5 year prison sentence for sex crimes. Concerning the investigation of Bennett, Cardinal George testified that the church received four detailed allegations of sexual abuse going back to 2002, but failed to remove Bennett from the church until four years later.

Cardinal George rejected two earlier recommendations from the archdiocese review board that Bennett be removed from his post. By the time that the church had removed Bennett, there were 12 claims of sexual abuse leveled against him. Cardinal George’s deposition testimony also revealed that the archdiocese’s vicar for priests, Reverend Edward Grace, who is also a lawyer, coached the accused priest as to how dispute certain allegations of sexual abuse against him.

Cardinal George also testified that Grace and George Rassas, then vicar general, withheld information about claims before McCormack’s promotion to a supervisory role within days after his arrest in 2005. Since 2002, the Los Angeles Archdiocese has paid the most to settle clergy sexual abuse claims - $600 million. San Diego has paid just over $198 million to settle sexual abuse claims, while the Chicago Archdiocese has paid $77 million since 2002.

Belleville Diocese Rocked for $5 Million Sexual Abuse Verdict.

In a rare trial of priest sexual abuse, a case proceeded to trial in downstate Illinois against the Belleville Archdiocese. During the proceedings, the former vicar general of the Belleville Diocese testified that bishops and other top church officials failed to reassign Reverend Raymond Kownacki though there were numerous reports that the priest sexually molested children. The church official, James Margason, testified for more than three hours in the lawsuit brought by James Wisniewski. Wisniewski claimed that he was sexually abused for five years when he was an altar boy at St. Theresa’s Parish in Salem, Illinois.

Under questioning by Wisniewski’s attorney, Margason testified that a former church official knew that Kownacki sexually molested children in Guatemala and had other inappropriate sexual contact with children. In later testimony, Reverend Joseph Schwaegel, a former vice chancellor with the diocese, testified Thursday that “Like any family, you don’t go hanging your dirty laundry all over the line.”

According to evidence in the trial, Schwaegel received complaints in 1982 from another family alleging that their son was abused by Reverend Raymond Kownacki. Schwaegel testified that he wrote the family and urged them to let “bygones be bygones.” Schwaegel also testified that he never bothered to interview Kownacki.

On August 27, 2008, a St. Clair County jury returned a $5 million verdict against the Belleville Diocese. It is believed to be one of the largest verdicts in a local clergy malpractice case.

Study Suggests Settling Is Better Than Going To Trial.

It is the eternal question for clients – should I settle my personal injury claim or should I go to trial and take the risk with the jury? A new study finds that if you proceed to trial, you will likely receive less than if you settle your case beforehand. According to the study, plaintiffs who elect to try their personal injury cases were wrong 61% of the time. According to the study, 80 to 92 percent of cases settle prior to trial. Our experience has been that about 95% of cases in the Circuit Court of Cook County resolve prior to trial, and that about 98.5% of in federal court resolve prior to trial. Of course, that includes settlements, and those cases which are dismissed for various reasons prior to trial. The study stated that making the wrong choice about trying a personal injury case typically cost a plaintiff approximately $43,000. We believe that while a decision to proceed to trial inherently includes risk, a client should always rely upon their attorney’s experience and counsel in handling similar personal injury cases.

About the author

Eugene Hollander is a trial attorney who currently heads his own law office in Chicago. Mr. Hollander has tried numerous cases in the state and federal courts. The Law Offices of Eugene K. Hollander is a full service law firm, concentrating its practice in employment discrimination claims, personal injury and medical malpractice suits, and various types of commercial litigation.

For more information, visit our web site at www.ekhlaw.com, or contact us directly at:

The Law Offices of Eugene K. Hollander
33 N. Dearborn
Suite 2300
Chicago, IL 60602
(312)-425-9100
E-mail: EHollander@ekhlaw.com