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 .
Are you at home in the jurisdiction where you are being sued? Did the cause of action arise from your contacts in that jurisdiction? If you are a corporate defendant in a lawsuit and neither applies to your company, you should probably at least raise an objection to Personal Jurisdiction in your initial response to […]
This entry was posted in Personal Jurisdiction and tagged Personal Jurisdiction on .
In 2008, the U.S. Environmental Protection Agency (“USEPA”) adopted the Lead-Based Paint Renovation, Repair and Painting (“RRP”) Rule under its TSCA authority. See 40 CFR §745.80 et seq. Congress’ purpose for implementing this rule was to protect occupants in homes and buildings built before 1978 from lead-based paint hazards during renovation. The RRP Rule requires […]
This entry was posted in Environmental Law and tagged Lead-Based Paint Renovation - Repair - and Painting Rule, RRP Rule, TSCA on .
On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule that increased the protections in place for employees exposed to silica in the workplace and imposed new obligations on employers. The final rule created two separate standards addressing occupational exposure to silica – one for general industry and maritime and […]
This entry was posted in Environmental Law and tagged Construction Industry, OSHA, Silica, Toxic Tort on .
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. […]
This entry was posted in U.S. Customs & Border Protection and tagged Border Security, Electronic Device Searches, Right to Privacy on .
