Hepler Broom, LLC

Monthly Archives: July 2020

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 […]

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