The federal Resource Conservation and Recovery Act (“RCRA”) authorizes a citizen suit against “any person” who has violated “any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter,” or “who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of […]
This entry was posted in Environmental Law and tagged RCRA, Resource Conservation and Recovery Act on .
This is not about restrictions on how you cook your eggs or hunt game out of season. But read on if you are an employer and want to know about a serious and growing antitrust risk, heightened by federal and state antitrust enforcement as well as private litigation. Agreements to refrain from soliciting another company’s […]
This entry was posted in Antitrust and tagged Antitrust Crime, Employee Restraint, No Poach Agreements, Non-Solicitation Agreements on .
February 20, 2019 – On February 15, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds represent an approximate 6.6 percent increase over last year’s thresholds. They are expected to be published in the Federal Register during the week of […]
This entry was posted in Antitrust and tagged Antitrust Division, Bureau of Competition, Clayton Act, Federal Trade Commission, FTC, Hart-Scott-Rodino, Merger review on .
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 sensitive data […]
This entry was posted in Illinois Biometric Information Privacy Act and tagged BIPA, Illinois Supreme Court on .
We hear that as many as 95% of all civil cases settle or are otherwise resolved without a trial. A civil trial lawyer’s job is to be ready, willing, and able to handle the 5% of cases that do go to trial. We read appellate cases that decide issues in those cases that go to […]
This entry was posted in Civil Litigation on .
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 […]
This entry was posted in Illinois Supreme Court and tagged Discretionary Immunity on .
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. […]
This entry was posted in Illinois Supreme Court and tagged Illinois Negligence Law, Illinois Survival Act, Illinois Wrongful Death Act on .
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 […]
This entry was posted in Medical Malpractice and tagged Dead-Man’s Act, Death of Plaintiff, Illinois Survival Act, Illinois Wrongful Death Act, Survival Act, Wrongful Death Act on .
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 […]
This entry was posted in Illinois Biometric Information Privacy Act and tagged BIPA, Illinois Appellate Court on .
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. […]
This entry was posted in Missouri Appellate Court, Personal Injury and tagged Aviation Dispute, Duty, Negligence on .
