Hepler Broom, LLC

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 […]

Illinois Supreme Court has Opportunity to Clarify Fiduciary Duties Owed by Insurance Producers to Clients

April 18, 2018

It used to be in Illinois that an insurance broker could be sued for breach of fiduciary duty for just about any policy-related misdeed. See, e.g., Faulkner v. Gilmore, 251 Ill.App.3d 34 (3d Dist. 1993) (alleging breach of fiduciary duty for a broker’s failure to advise insureds to terminate their master surety agreement.) The fiduciary-duty […]

Distributor of Electrical Conduit Owes a Duty to Wife of Consumer

April 11, 2018

The Madison County Circuit Court recently held that a distributor has a duty of care/duty to warn a secondary exposure plaintiff in the matter of Iben v. A.W. Chesterton Company, et al.   In reaching this conclusion, the Court denied defendant Graybar Electric Company’s Motion for Summary Judgment. Iben is a wrongful-death claim arising from allegations […]

Illinois Appellate Court Permits Insured to Prove Terms of Missing Policies with Specimen Coverage Forms for the Missing Policy Periods

March 28, 2018

Environmental contamination lawsuits frequently involve polluting activities which took place decades ago – long before the advent of computers and before it was possible for businesses to store information in an electronic format. When these lawsuits arise and a claim is tendered to an insurance carrier for defense and indemnity, the parties often struggle to […]