Hepler Broom, LLC

Compliance Reminder for Illinois Employers: Illinois Human Rights Amendments and Required Sexual Harassment Prevention Training

August 13, 2020

A wide variety of employment-related statutory changes went into effect in Illinois this year. These include important amendments to the Illinois Human Rights Act (IHRA), such as P.A. 101-0430, which, effective July 1, 2020, expanded the definition of an employer to cover any person employing at least one (not fifteen) employee(s). Additionally, P.A. 101-0221—which enacted […]

Does Simply Refiling a Case Under the Old Case Number Meet the Statutory Requirement of Commencing a New Action?

August 11, 2020

Any defense practitioner who frequently litigates in Illinois state court has seen this situation before. You are defending an action, and at some point, and for whatever reason, the plaintiff moves for a voluntary dismissal under 735 ILCS 5/2-1009. The dismissal order includes language giving plaintiff “leave to replead, with costs to be repaid upon […]

Illinois Department of Insurance Cannot Decide Owner-Operator Employment Dispute, Appeals Court Rules

August 6, 2020

The Illinois Department of Insurance cannot adjudicate employment status disputes relating to insurance premium calculations. That is the ruling from the Illinois First District Court of Appeals in a significant decision with ramifications for trucking companies utilizing owner-operator agreements. The case, CAT Express, Inc. v. Muriel, 2019 IL App (1st) 181851, concerned whether truck drivers […]

Auto Dealers and Finance Industry Beware: The FTC is Watching

August 6, 2020

The old maxim that “bad facts make bad law” is only a precursor to the conclusion that “bad facts and bad law make very bad results.” Bronx Honda engaged in almost inexplicably bad behavior by engaging in discriminatory and deceptive practices related to its vehicle financing practices for minority customers. In a case that has […]

Funny Warning Signs: Pure Comedy or Can They Also Be Legally Sufficient?

August 4, 2020

By now, most of us have seen a funny warning sign or two, either in person or perhaps as a meme on social media. While these warnings may give us a quick laugh, can they also be useful in shielding against liability for bodily injury claims? The Third District of the Illinois Appellate Court thinks […]

Products Liability Claims and Motions for Summary Judgment

July 30, 2020

A product liability claim can survive a motion for summary judgment under three theories. For a plaintiff’s product liability negligence claim to proceed, the plaintiff must: (1) allege the product had a design defect, (2) allege there was a manufacturing defect, or (3) claim the product did not have proper warnings for consumers. When a […]

Forum Selection Clause: Motion to Transfer or Motion to Dismiss?

July 23, 2020

In the Seventh Circuit it has long been acceptable to file a Motion to Dismiss in order to enforce a forum selection clause. See Auto. Mechanics Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc., 502 F.3d 740, 746 (7th Cir. 2007). But a just-published case out of the Northern District of […]

To Save or Not to Save? Protected Health Information and the Changing Landscape of Protective Orders in Illinois

July 9, 2020

A recent decision could dramatically narrow the use of protected health information (“PHI”) that is disclosed to an insurer following the conclusion of litigation in Illinois. With this decision comes possible far-reaching implications facing insurers going forward by preventing the development of future medical fraud litigation and monetary recoveries. In Haage v. Zavala, et al. […]

First District Upholds Summary Judgment for Landowner Based on Illinois’ Statute of Repose for Construction

July 2, 2020

In Graham v. Lakeview Food Pantry, 2019 IL App (1st) 182003, the First District affirmed summary judgment for defendants, including the Catholic Bishop of Chicago (“the Archdiocese”), on plaintiff’s negligence complaint following a fall at defendant’s church. Ultimately, the court found that plaintiff’s claim against the Archdiocese was time-barred by the Illinois statute of repose […]

Three Tips (and a Bonus!) for Navigating an Illinois ARDC Complaint or Investigation

June 23, 2020

Most lawyers are keenly aware of Illinois’ Attorney Registration Commission’s (ARDC) role in the attorney registration, licensing, and continuing education processes.  However, many are unaware of the processes involved in the investigation and prosecution of attorney discipline matters.  Here are three tips (and a bonus!) for things you should consider if you are faced with […]

COVID-19 Updates

HeplerBroom LLC COVID-19 Response

HeplerBroom has been diligently working on its response and continuity plan to the COVID-19 pandemic in order to keep the health and safety of our employees, their families, and our clients as our top priority.

To help ensure everyone’s continued health and well-being, effective Tuesday, March 17, 2020, all attorneys and staff will be working remotely until March 31. This is an unprecedented and dynamic situation, and HeplerBroom is committed to observing governmental suggestions and requirements concerning public health while continuing to provide legal service second to none.

To ensure this, the firm has identified essential personnel in each office who will make certain that critical firm functions that cannot be done remotely continue to be handled. We have put in place protocol for those essential personnel to make sure they are keeping healthy per the CDC cleaning and sanitizing recommendations. All teams have back-up personnel and procedures that we will follow to make sure all deadlines are met and clients receive the same great service and work product that we have always been proud to provide.

HeplerBroom’s IT department has been working hard to make sure all remote employees are set up with equipment and access from home to limit disruption to our clients. Maintaining security and confidentiality has remained, and will continue to remain, at the forefront of all processes and procedures, at all levels throughout the firm.

The firm has created emergency communication measures to communicate any changes to this plan to employees and are communicating on a regular basis with any and all new resources and helpful information during this uncertain time.

During these fluid and unpredictable times, HeplerBroom will continue its commitment to great service and results for our clients, all while keeping safe and healthy.

Wishing you and your families good health.