Hepler Broom, LLC

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 […]

Update on the Respirable Crystalline Silica General Industry and Maritime Standard

June 28, 2018

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule that increased the protections in place for employees exposed to silica in the workplace and imposed new obligations on employers. The final rule created two separate standards addressing occupational exposure to silica – one for general industry and maritime and […]

Welcome to the United States. Now Please Enter Your Passcode

June 21, 2018

Every day, at sites across the United States, federal agents search container ships, trucks, cars, and aircraft entering the country. Now, increasingly, federal agents are also searching the electronic devices of the individuals entering the country – from citizens to permanent residents to tourists. See United States v. Cotterman, 709 F.3d 952, 956 (9th Cir. […]

U.S. House Bill Requires CMS to Disclose Beneficiaries’ Enrollment Status in Private Medicare Parts C & D and Medicaid

June 13, 2018

Nationwide reimbursement litigation by private Medicare Advantage Plans (MAPs) providing health coverage to some Medicare enrollees has grown significantly over the past few years. Any number of entities are sued for failing to reimburse MAPs for injury-related treatment costs when a beneficiary is paid to resolve a claim. These include alleged tortfeasors, their insurers, tort […]

1st District Turns up Heat on Asbestos Plaintiff’s Claim of Personal Jurisdiction

June 6, 2018

In Campbell v. General Electric, 2018 IL App (1st) 173051, the Appellate Court of Illinois, First District, recently reversed the Cook County Circuit Court’s finding of personal jurisdiction over General Electric (“GE”) in an asbestos case. In directing that GE be dismissed from the case due to a lack of personal jurisdiction, the court struck down […]

An Epic Win for Employers

May 24, 2018

The Federal Arbitration Act (FAA) means business. And in the U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, No. 16-285 (May 21, 2018), the FAA means continued support for businesses. Interpreting the FAA, the Supreme Court held that employers and employees could agree to resolve disputes between them through one-on-one private arbitration […]

Excluding Evidence of Medical Malpractice Lawsuits Filed against Experts Testifying in Medical Malpractice Cases

May 17, 2018

Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]

Expand the List of Hospital Apparent Agents? The Illinois Supreme Court Says Not So Fast

May 2, 2018

Illinois hospitals and the lawyers that represent them breathed a collective sigh of relief recently after the Illinois Supreme Court reversed the First District’s decision in Yarbrough v. Northwestern Memorial Hospital. 2017 IL 121367. Under traditional laws of agency, a principal can be held liable for the negligent acts of its agent under the doctrine […]

U.S. District Court Bars Expert Testimony from Staggs, Henry Anderson, and Kenneth Garza

April 25, 2018

Recently, after extensive oral arguments, HeplerBroom Partner Josh Schumacher convinced the United States District Court for the Eastern District of Wisconsin to bar several Plaintiffs’ experts from offering specific causation or industrial hygiene opinions pursuant to Daubert v. Merrel. Dow Pharmaceuticals, 509 U.S. 579 (1993) and its progeny. The Daubert hearing was conducted by United […]