Chute O'Malley Knobloch & Turcy - July 2020

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CH I CAGO TR I AL L A W Y E R S

Chute O’Malley Knobloch & Turcy

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TRIAL ATTORNEYS

JULY 2020

HOW WE’VE MOVED CASES FORWARD DURING COVID-19 Working With Our Legal Community to Find Creative Solutions

(773) 906-4063

ChuteLaw.com

Since the pandemic broke out and our world shifted drastically to adapt, our priority at Chute, O’Malley, Knobloch & Turcy, LLC has been protecting the health and safety of our staff and clients while continuing to serve our clients and move their cases forward. It was an easy decision for our team to go remote, and we feel fortunate and proud of the fact that we have been able to keep all of our team members employed. Whereas other companies laid off or furloughed people, we looked at how we could keep everyone employed and safe through all of this. By the time the governor officially shut down our state, we had our staff set up to work remotely, so we didn’t miss a beat when it came to helping our clients. As we’ve started to reopen our office, we’ve made masks available to anyone who comes in and are taking all precautions necessary. When it comes to advancing cases through a pandemic, we’ve been faced with new challenges and opportunities to go above and beyond for the people we serve. We’ve gotten creative with how to move things forward, and we’ve worked with judges and defense attorneys to coordinate virtual trials. The courts have been closed in Illinois since March, and no trials will be held in Cook County until the end of 2020. We’ve had to navigate how to advance our clients’ interests without in-person trials. Soon after the health crisis struck, we started doing depositions over Zoom. We’ve also done mediations this way and worked with judges who are willing to do binding arbitrations via Zoom. My partner, Colin, just did a binding arbitration in front of a judge over Zoom on an auto accident case, and he’s also done a virtual mediation. Over the last couple months, I’ve done about a dozen depositions via Zoom.

Naperville Office 475 River Bend Road Suite 101 Naperville, IL 60540 Chicago Office 218 North Jefferson Suite 202 Chicago, IL 60661

extraordinary times. Obviously, nothing is one- size-fits-all, and there are some cases that are better equipped to be handled remotely than others. But when it comes down to it, our job as advocates and representatives is to find creative solutions to our client’s problems. In times like this, you have to be creative and adapt so you can step up for others. Our clients depend on us to resolve their cases, and the importance of that position has only become more clear through all of this. The health crisis has hit everyone really hard in some way, whether it’s a client who can’t get the medical care they need because their physical therapy has been canceled or a client who lost their job and is now relying on us to resolve their case more quickly. We understand that our clients depend on us now more than ever, and that’s why we are doing everything possible to advance their cases. Know that we have your interests at the forefront of our minds, and we are hard at work to resolve your case. If you have any questions, please don’t hesitate to reach out. We are here for you.

PERSONAL INJURY WORKERS’ COMPENSATION WRONGFUL DEATH

–Mike Knob loch

We are putting all of our efforts into advancing the ball on as many cases as we possibly can during these

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THE CASE THAT WAS FROZEN ON ARRIVAL

The Woman Who Sued Disney for Copying Her Life in ‘Frozen’

her life and violated copyright law. She cited 18 “similarities” to bolster her massive claim. For instance, Tanikumi claimed that both her book and the movie had stories of intense sisterly love, scenes under the moon, and talk about cold hearts. The tenuousness of the similarities alone would cause most people to dismiss Tanikumi’s claim like they would the ramblings of a red yarn-loving conspiracy theorist. And that’s just what the judge who oversaw the case did, granting Disney’s motion to dismiss. The judge stated that copyright law protects expressions but not ideas. The themes that Tanikumi believed Disney had stolen from her story were under public domain, usable by anyone without permission. Only Tanikumi herself knows for sure why she went through all that trouble. Everyone else will just have to speculate what gave her the gall to take on a media juggernaut like Disney in court with next to no viable case. That said, several reviews of her memoir on Amazon mention ties to “Frozen,” so make of that what you will.

This is the story of a woman who just couldn’t let it go. It was the fall of 2014 — Dennis Rodman became friends with North Korean leader Kim Jong Un. Ellen DeGeneres’ selfie with Oscar winners at the Academy Awards became the most retweeted image of all time. And an author sued Disney for $250 million after she claimed that the company stole major elements of her published memoir to craft the movie “Frozen.” “Frozen” was released in November 2013 and saw massive box office success and critical acclaim. It seemed like Walt Disney Animation Studios was finally hitting their stride and catching up to Pixar movies’ quality animation and storytelling. Unfortunately, high- profile movie projects and financiers with deep pockets tend to attract all sorts of hullabaloo in the form of frivolous lawsuits. Author Isabella Tanikumi, whose only notable work to date is her 2011 memoir “Yearnings of the Heart,” sued Disney for an egregious $250 million after claiming that the winter wonderland adventures of Anna, Elsa, and Olaf were stolen straight from her memoir and

A MEAL FOR EVERY MEMBER OF THE FAMILY

Meals on Wheels doesn’t often get the credit it deserves. The international nonprofit ensures those who are unable to buy or make their own meals get the food they need to survive. Of course, for many recipients, the efforts of the organization go far beyond “survival.” For those who receive food daily or weekly, those deliveries may be their only source of social interaction. And during times of social distancing, the program became more important than ever. Meals on Wheels doesn’t just serve meals to the elderly and people with disabilities— it also serves those people’s pets. In 2019, Meals on Wheels Atlanta realized there was a huge need in their community to feed the pets of senior citizens. It stands to reason that if an elderly individual is unable to shop or cook for themselves, their pets may be in a similar predicament. And when someone’s pet is their entire world, making sure the animal is fed and healthy means everything. In response to this need, Meals on Wheels Atlanta began stocking up on cat and dog food, creating their own pantry to serve the local pet community. When volunteers made their rounds delivering meals to seniors, they made sure to bring cat and dog food along too. One volunteer with Meals on Wheels Atlanta, Larry Auberbach, had a unique experience delivering meals to Jeffery Jones and his dog, Grizzly. The volunteer told 11Alive News in Atlanta that Jeffery and Meals on Wheels Goes the Extra Mile

Grizzly “have their own special relationship.” Larry loved Grizzly long before Meals on Wheels Atlanta started the pet pantry because he saw how much Grizzly’s companionship meant to Jeffery. Now, Larry enjoys his service that much more since he gets to provide for Jeffery’s beloved pet, as well. On top of delivering food to seniors and their pets, Meals on Wheels Atlanta also delivers pet toys and pet beds, and they are happy to take in any pet-related food or items for donation. The organization says this endeavor was done out of love, not only for the people they serve but also for the whole family — wagging tails, fuzzy whiskers, and all.

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NAVIGATING AN INSURANCE DENIAL AS A SMALL-BUSINESS OWNER

Unfortunately for policyholders, it’s all too common for insurance companies to deny just about every claim that’s submitted to them. That’s just the nature of the industry. Even the most viable claims are often denied, so don’t be alarmed if your claim isn’t approved right away. With insurance companies adhering to their typical claim-denial practices, not only are they threatening the livelihood of small- and midsize-business owners and their families, but they’re also threatening the entire U.S. economy. Next Steps If your claim is denied and there is nothing in your policy specifically excluding viral infections from coverage, you still have options. While you may appeal the denied claim on your own, the insurance com- pany’s decision isn’t likely to change. In order for your appeal to hold weight, it’s best to work with an experienced attorney who knows how to deal with insurance companies’ shady tactics. Here at Chute, O’Malley, Knobloch & Turcy, LLC, our attorneys are highly skilled in appealing denied insurance claims. While the COVID-19 situation is very unique, our team has helped hundreds of people with their denied insurance claims, and we can help with yours, too. Don’t hesitate to contact our office with your case. Call the Naperville lawyers at Chute, O’Malley, Knobloch & Turcy, LLC today at (773) 906-4063 to speak with an attorney about your case.

Small-business owners are a vital part of our economy, and in times like these, we can all come together to support them. Thankfully, there are safeguards that have been built to help small businesses get through difficult times like these. If you have a small business that has been impacted by the effects of the coronavirus, you may qualify for assistance from your business interruption insurance policy. Here’s how to navigate making that claim. Check Your Policy If your business interruption insurance claim was denied, take a look at your policy. Make sure that interruptions due to viral infections are included within the policy. Even if viral infections aren’t explicitly included in your policy, as long as they’re not specifically excluded, you may have a viable claim.

CHEESY CROCKPOT POTATOES

PUZZLE TIME!

Check out this fantastic recipe, courtesy of Lindsay Vega, one of our paralegals.

Ingredients

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1/4 tsp black pepper

• • • •

1 can cream of chicken soup

1 32-oz bag frozen potatoes O’Brien

1 cup sour cream

1/4 cup butter, melted

2 cups shredded cheddar cheese, divided

3/4 tsp salt

Directions 1. Combine all ingredients in the crockpot, saving 1 cup of cheese. 2. Cook on low for 4–5 hours. Add remaining cheese 20 minutes before serving. This dish serves 4–6 people.

Inspired by TasteOfHome.com

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K T C O

Chute O’Malley Knobloch & Turcy

llc

TRIAL ATTORNEYS

WHAT’S INSIDE

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HowWe’ve Moved Cases Forward During COVID-19

The Case That Was Frozen on Arrival

How Meals on Wheels Atlanta Stepped Up for Its Community

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Navigating an Insurance Denial as a Small-Business Owner

Cheesy Crockpot Potatoes

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Stay HealthyWith These Fun Workouts

4 WAYS TO STAY HEALTHY AND WELL Find Inspiration With Virtual Workouts and Mindfulness Staying healthy and well is at the top of everyone’s minds right now. Since fitness plays a key part in your mental and physical health, we want to share some ways you can stay active without having to go to the gym. You can even get a friend or family member in on it. All of these workouts and wellness activities are available online, and many of them are free. Fitness Blender extended their free trial offer to 90 days so more people can access their workouts. Find out more at OnePeloton.com. Yoga There are lots of different types of yoga, but over- all, it is a great way to improve your mobility and flexibility and break a sweat. You can find online classes or videos on YouTube, like Yoga With Adriene, or the Vinyasa Yoga Made Simple series by Marisa Weppner on Udaya. Meditation It’s important to keep ourselves mentally well

Started by Seattle couple Kelli and Daniel Segars, this site has over 600 free workouts that range in length from 10–50 minutes. Many of them can be done with only your body weight, and the videos are accessible and easy to follow. You can get started at FitnessBlender.com. Peloton This has become a favorite at-home workout for many folks, and it’s accessible even if you don’t have a Peloton bike. The site has many different types of workouts, including stretching, outdoor workouts, strength training, and more. They also

during this time. You can find some calm and clar- ity with meditation apps like Calm and Headspace. Both apps began offering free resources on coping with the anxiety and stress stemming from the pandemic, and Headspace also added a motion component to their offerings that provides accessi- ble, quick workouts.

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