Hepler Broom, LLC

Category Archives: Civil Litigation

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 […]

Distributor of Electrical Conduit Owes a Duty to Wife of Consumer

April 11, 2018

The Madison County Circuit Court recently held that a distributor has a duty of care/duty to warn a secondary exposure plaintiff in the matter of Iben v. A.W. Chesterton Company, et al.   In reaching this conclusion, the Court denied defendant Graybar Electric Company’s Motion for Summary Judgment. Iben is a wrongful-death claim arising from allegations […]

Punitive Damages Demand Alone Likely Insufficient to Trigger Independent Counsel

March 6, 2018

Illinois courts have long made clear that when a conflict of interest exists between an insured and its insurer, the insured is entitled to independent counsel of the insured’s own choosing and at the insurer’s reasonable expense. See Maryland Cas. Co. v. Peppers, 64 Ill.2d 187, 193 (1976). What is less clear, however, is when […]

When Independent Insurance Producers are Not-So-Independent: Illinois Appellate Court Rejects Insurer Request for Policy Rescission Due to Producer Conduct

February 27, 2018

Independent insurance producers often are thought to be, well, independent from the insurance companies for which they sell policies. Independent producers typically sell insurance policies for a number of carriers, and often work with intermediaries to sell policies for even more carriers, so that they can offer their policyholder clients the insurance product most suitable […]

Standing in Data-Breach Cases – Risk of Future Injury Remains Unsettled: SCOTUS Skirts Apparent Circuit Conflict

February 20, 2018

Today the U.S. Supreme Court denied a cert petition in a matter aimed at resolving whether a plaintiff who alleges a substantial risk of harm in the future has standing under Article III of the Constitution. A ruling in the case, CareFirst v. Attias, would have had major implications for data-breach litigation and in class […]

Illinois District Court Applies Bristol-Myers to Class Actions as well as Mass Tort Cases

February 20, 2018

In a recent decision, the Northern District of Illinois held the U.S. Supreme Court’s seminal decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) applied to jurisdiction determinations in class actions. In so holding, the court in DeBernardis v. NBTY, Inc. No. 1:17-cv-06125 (N.D. Ill. Jan. 18, 2018) placed […]

What’s in a Name? Missouri’s Constitutional Prohibition Against Negligence-Based Claims Arising out of Alleged Sexual Misconduct of Clergy: Who Exactly Qualifies as Clergy?

February 13, 2018

In the seminal case outlining the contours of permissible civil liability against religious organizations, the Missouri Supreme Court in Gibson v. Brewer made clear that civil courts must not be in the business of analyzing or interpreting religious doctrine and administration. Any such “excessive entanglement” between church and state has the effect of inhibiting religion, […]

COVID-19 Updates

HeplerBroom is pleased to announce that its physical offices have reopened. While the health and safety of our clients, employees, and families, remain our top priority, HeplerBroom attorneys and staff are returning to our offices on full-time or modified schedules. Our offices are open to visitors and clients with scheduled appointments, with appropriate screening of visitors and social-distancing protocols. HeplerBroom will continue to follow CDC recommendations for cleaning and sanitizing.

We are very proud of the dedicated efforts of our attorneys and staff to provide great service and work product to our clients during the pandemic. This would not have been possible without the incredible support provided by the HeplerBroom IT Department and other essential personnel who supported our personnel and clients from the office locations while the rest of our teams worked remotely.

If you have questions about visiting our offices, please do not hesitate to contact us. We look forward to seeing you in person again in the near future.