Hepler Broom, LLC

Monthly Archives: August 2020

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 […]

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