Hepler Broom, LLC

Monthly Archives: February 2014

Does the Illinois Insurance Code Allow Judicial Review of Arbitrators’ Interlocutory Discovery Orders Prior to a Final Adjudication?

February 27, 2014

Klehr v. Illinois Farmers Ins. Co., No. 121843, 1st Dist. No. 1-12-1843 The plaintiff was a passenger in a car hit by an uninsured driver. She suffered substantial injuries. And, the driver of the car in which the plaintiff rode was underinsured. Thus, her medical costs were not fully covered by insurance from either of […]

The Confidential Good-Faith Settlement Conundrum: The Case for Full Disclosure of Settlement Terms to Non-Settling Tortfeasors

February 7, 2014

The Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., codified the Illinois Supreme Court’s opinion in Skinner v. Reed-Prentice Division Package Machinery Co., 70 Ill. 2d 1 (1977), and created a right of contribution among joint tortfeasors. BHI Corp. v. Litgen Concrete Cutting & Coring Co., 214 Ill. 2d 356, 363 (2005). […]

U.S. Supreme Court Addresses When a State can Assert General Jurisdiction of Foreign Corporations

February 7, 2014

The United States Supreme Court recently handed down a decision that may affect whether and when state and federal district courts can exercise general jurisdiction over non-resident corporations.  In Daimler AG v. Bauman, et al., US Supreme Court no 11-965 (January 14, 2014), the U.S. Supreme Court held that Daimler AG, a German Corporation with […]

COMMERCIAL CLEANING FRANCHISOR SWEEPS UP RICO CLAIMS — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable by Nonsignatories

February 4, 2014

Stratus Building Solutions faced a business challenge on a bet the company scale.  Despite winning many franchise awards, five franchisees charged that its entire system imposed a fraud on franchisees.   The plaintiffs sued 179 defendants, including the system franchisor, master (regional) franchisors, and over 70 individuals associated with the franchise system of violating §§ 1962(c) […]