Hepler Broom, LLC

Flaunting Insurance Coverage: Missouri Court Reaffirms, Explains Rule Against Referencing a Party’s Liability Insurance (And the Rare Exception)

January 23, 2020

When representing an insured, trial attorneys must be attentive and recognize the circumstances under which opposing counsel may or may not present evidence that their client carries liability insurance. More importantly, attorneys must understand the actions that must be taken to preserve the record and protect the client. The Eastern District Court of Appeals recently […]

JAWS: Crucial Kotecki Ramifications Continue to Lurk Beneath the Surface in Construction Site Cases

December 17, 2019

In Woods v. Amazon.com LLC and Johnson v. Amazon.com LLC, 2019 WL 2504093 (2019) & 2019 WL 2509122 (2019), respectively, two individuals, Andrew Woods and Michael Johnson (“Plaintiffs”) brought separate, but related personal injury actions against Amazon.com, LLC (“Amazon”), Duke Realty, LP (“Duke”) and Steel King Industries, Inc. (“Steel King”) (collectively, the “Defendants”). Defendants brought […]

The Personal Representative of a Disabled Individual Will Now Reap the Benefit of a Longer Statute of Limitations

December 10, 2019

In Illinois, statutes provide protection to a disabled person with respect to the time within which a cause of action for personal injury will accrue. Under traditional legal thought, the cause of action begins to accrue and the statute of limitations begins to run immediately on the date of injury. In cases where the injury […]

USEPA Seeks to Add PFAS to List of Toxic Chemicals

December 6, 2019

On December 4, 2019, the United States Environmental Protection Agency (USEPA) published in the Federal Register an Advance Notice of Proposed Rulemaking titled “Addition of Certain Per-and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting.” 84 Fed. Reg. 66369. USEPA is currently considering a rule proposal to add certain polyfluroroalkyl substances (PFAS) to the list […]

Stupidity Doesn’t Pay

November 26, 2019

We’ve all heard of, or even litigated, those cases where someone does something ridiculous on another person’s property, injuring him or herself in the process, then sues the property owner as if it was somehow the owner’s fault. Rest assured, Illinois’ Second District Appellate Court was having none of this in its recent decision in […]

Putting Your Legal Malpractice Carrier on Notice of a Potential Claim: Must a Missouri Lawyer “Foresee” Changes in the Law?

November 19, 2019

In determining whether a lawyer must report a potential malpractice claim on a professional liability “errors and omissions” renewal or application form, must the insured attorney foresee how Missouri appellate courts would interpret a legal issue never before addressed? Based on a recent Missouri Court of Appeals opinion, the answer seems to be perhaps yes. […]

No “Costs” Uncovered: The Appellate Court’s Expansive Redefinition of “Costs”

November 12, 2019

Grauer v. Clare Oaks, et al, 2019 IL App (1st) 180835, is noteworthy to all counsel who regularly encounter fee-shifting statutes in their practice. Grauer was borne out of a verdict against a nursing home, but the court’s analysis as to the reasonableness of attorney’s fees and what constitutes “costs” in the context of the […]

Right to Intervene Under Missouri Statute Section 537.065 is Not Retroactive to Trials and Contracts Pre-Dating the 2017 Amended Statute – Even if Judgment Was Not Yet Entered

October 29, 2019

The Missouri Supreme Court recently affirmed a trial court’s order denying an insurance company’s motion to intervene and set aside a judgment that was entered following the plaintiffs’ contract with a defendant to limit recovery of the judgment against the insurance company pursuant to Missouri Statute Section 537.065. Desai, M.D., et al. v. Seneca Specialty […]

Uncovering Fraudulently Incorporated Professional Service Corporations

October 22, 2019

Anyone who has spent time reviewing claim forms and bills submitted by medical providers has probably encountered at least some of the more typical fraud schemes: overbilling, false claims, or maybe even kickbacks and bribery. Sophisticated technology, investigative techniques, and data analytics let us zoom in – and out – to identify these traditional forms […]

Midwest Generation Seeks Reconsideration of Pollution Control Board Ruling Constricting Effective Period of Groundwater Management Zones to Duration of Active Remedial Work

October 15, 2019

On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance […]