Hepler Broom, LLC

Step on a Crack, Break the City’s Bank: Discretionary Immunity Requires a Conscious Decision to Not Repair City Sidewalks

November 14, 2018

Recently, the Illinois Supreme Court held that the City of Danville, Illinois, was not entitled to immunity from a negligence lawsuit brought by a citizen who tripped and fell on a crack in a city sidewalk. The court essentially held that in order for a city or public entity to be immune under the discretionary […]

Bogenberger v Pi Kappa Alpha: A Tragedy Changes the Law

November 2, 2018

On January 19, 2018, the Illinois Supreme Court issued its opinion in Bogenberger v. Pi Kappa Alpha Corp., et. al., 2018 IL 120951. The tragic case arose from the alcohol-related death of David Bogenberger, a Pi Kappa Alpha pledge at Northern Illinois University, who died from alcohol intoxication at a fraternity party in November 2012. […]

Until Death Do Us Part … The Impact of a Plaintiff’s Death During Litigation

October 30, 2018

Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial […]

Getting Burned by BIPA. The First District Splits with the Second District on the Statute’s Meaning of “Aggrieved”

October 18, 2018

The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most […]

Show Me the (Asbestos) Money!

October 16, 2018

In recent years, Missouri courts, and St. Louis City courts in particular, have been getting attention for their large toxic tort verdicts. The legislature is responding. While Missouri’s official nickname is the “Show Me State,” some legislators have been referring to it as the “Sue Me State” to promote new tort reform measures. One such […]

Missouri Court Stands Its Ground on Common Carrier’s Duty Owed in the Air

September 18, 2018

The Missouri Court of Appeals for the Eastern District recently handed down the case of Spencer v. American Airlines, Inc., et al., ED105809, limiting the duty owed by an airline to its passengers while in flight. The Honorable Robert M. Clayton authored the opinion affirming summary judgment to American Airlines, with the Honorable Gary M. […]

Responding to Personal Jurisdiction Discovery after Daimler

September 13, 2018

Are you at home in the jurisdiction where you are being sued? Did the cause of action arise from your contacts in that jurisdiction? If you are a corporate defendant in a lawsuit and neither applies to your company, you should probably at least raise an objection to Personal Jurisdiction in your initial response to […]

Don’t Do KRACK

August 23, 2018

  Pop Quiz Question 1 – Who is the manufacturer of your router? (If you don’t know, don’t feel bad. You’re not alone.) Question 2 – What is your router’s “name”? (This one may be easier. Maybe it is “No Wi-Fi No Cry.”) Question 3 – What is the admin login username to your router? (Is your answer, […]

Tastes Great! Less Filling! Passwords and Passphrases

August 7, 2018

When was the last time you had to create a new password and faced criteria such as, “Your password must be eight characters or longer and must contain characters from three of these four categories: a) uppercase (A-Z); b) lowercase (a-z); c) numeric (0-9); and d) nonalphabetic (e.g., !, $, #, %)? After you have […]

Oh Shiplap! “Fixer Upper” Stars Violate Lead-Based Paint Rules

August 3, 2018

In 2008, the U.S. Environmental Protection Agency (“USEPA”) adopted the Lead-Based Paint Renovation, Repair and Painting (“RRP”) Rule under its TSCA authority. See 40 CFR §745.80 et seq. Congress’ purpose for implementing this rule was to protect occupants in homes and buildings built before 1978 from lead-based paint hazards during renovation. The RRP Rule requires […]