Hepler Broom, LLC

Seventh Circuit Draws a Line on Awards of Injunctive Relief Under RCRA

March 12, 2019

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 […]

No Poaching—New Meaning for Employers At the Intersection of Employment Practices and Antitrust

February 26, 2019

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 […]

Contemplating a Sizable Merger, Acquisition or Joint Venture?–Updated HSR Merger Notification Threshold Tests for Federal Antitrust Review Apply in March 2019

February 21, 2019

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 […]

Get Ready for a Wild Ride: The Illinois Supreme Court Decides that a Bare Violation of BIPA Supports a Cause of Action, with No Actual Injury Required

January 29, 2019

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 […]

Step on a Crack, Break the City’s Bank: Discretionary Immunity Requires a Conscious Decision to Not Repair City Sidewalks

November 14, 2018

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 […]

Bogenberger v Pi Kappa Alpha: A Tragedy Changes the Law

November 2, 2018

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. […]

Until Death Do Us Part … The Impact of a Plaintiff’s Death During Litigation

October 30, 2018

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 […]

Getting Burned by BIPA. The First District Splits with the Second District on the Statute’s Meaning of “Aggrieved”

October 18, 2018

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 […]

Missouri Court Stands Its Ground on Common Carrier’s Duty Owed in the Air

September 18, 2018

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. […]