Hepler Broom, LLC

Weeding Through the Landscape of Missouri’s New Medical Marijuana Regulations

September 5, 2019

Missouri’s inaugural medical marijuana facility application period ended recently (on August 19, 2019). Now that the smoke begins to clear from the application process, hopeful applicants can focus their energy on fostering relationships so that their businesses can launch as soon as possible. With even the earliest anticipated harvest being at least several weeks after […]

Missouri Introduces New Venue Statutes for Lawsuits Against Insurance Companies

September 3, 2019

On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries. Particular provisions of the new venue rules […]

Does an Illinois Insurance Producer Owe a Legal Duty to an Additional Insured on a Policy It Procured? It Certainly Shouldn’t, and Here’s Why?

August 29, 2019

HeplerBroom has a long history of defending insurance producers across Illinois, with a strong appellate record on the ordinary-care duty and statute of limitations issues in particular. Western Cons. Prem. Properties, Inc., v. Norman-Spencer Agency, Inc., 845 F.3d 313 (7th Cir. 2017) (duty); RVP, LLC, v. Advantage Insurance Services, Inc., 2017 IL App (3d) 160276 […]

Antitrust Compliance Programs – Now More than Ever

August 15, 2019

Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask […]

Missouri Gov. Parson Enacts Tort Reform Significant to Litigation and Trial Practice

August 8, 2019

On July 10, 2019, Missouri Governor Michael Parson signed significant pieces of legislation that confirmed his emphasis on tort reform in Missouri. The Governor previously highlighted tort reform in his State of the State address in January 2019. In that address, Parson referenced the need for increased regulatory and venue reform in the Show-Me State. […]

Be Our Licensee: The Distinction between Licensees and Invitees Still Matters in Missouri

August 6, 2019

Be our guest, be our guestWatch your step, may we suggestFrom known dangers, we’ll protectBut we have no duty to inspect! If Beauty and the Beast took place in modern-day Missouri instead of 18th century France, those probably would have been the words to “Be Our Guest.” That’s because property owners in Missouri do not […]

Illinois Supreme Court Affirms Pollution Control Board’s Decision Regarding Groundwater Monitoring at Clean Construction or Demolition Debris Fill Operations

July 30, 2019

On June 20, 2019, the Supreme Court of Illinois affirmed an appellate court’s ruling on an Illinois Pollution Control Board (“Board”) decision involving groundwater monitoring at clean construction or demolition debris fill sites, in The County of Will v. The Pollution Control Board, 2019 IL 122798, Case Nos. 122798, 122813. The case concerned the Board’s […]

Healthcare Practitioners: Anatomy of an IDFPR Complaint

July 24, 2019

The Illinois Department of Financial and Professional Responsibility (IDFPR) is the state agency that oversees licensure and discipline of various health care practitioners, including physicians, nurses, and dentists, among others. The IDFPR is charged with overseeing enforcement of the various healthcare practice acts, and it typically investigates matters brought to its attention, primarily from patient […]

Fee Shifting Provision of Illinois Nursing Home Care Act: Insight into Appellate Court’s Potential Interpretations

July 18, 2019

Nursing Home litigation has increased significantly in Illinois in recent years in large part due to the failure of Illinois to institute damages caps and eliminate attorney’s fees from their nursing home statute. Attorneys’ fees are recoverable under the Nursing Home Care Act. In fact, the Illinois Nursing Home Care Act provides for fee shifting […]

Is the Illinois Biometric Information Privacy Act (BIPA) Unconstitutional?

July 16, 2019

The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. 740 ILCS 14/15. 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. Id. But […]