Hepler Broom, LLC

Category Archives: Civil Procedure

Taking Time to Grieve: The Illinois Child Bereavement Act

February 22, 2017

A new Illinois law requires employers with at least 50 employees to provide FMLA-eligible employees up to 10 workdays of unpaid leave to attend a child’s funeral (or its alternative), to make necessary arrangements resulting from the death of a child, or to grieve a child’s death. The new law, aptly titled the Child Bereavement […]

Spokeo Speak: SCOTUS Addresses Injury-in-Fact Standing in Spokeo

May 23, 2016

A Meaningful Class Action Defense Tool? On May 16, 2016 the High Court finally spoke on Spokeo, the long anticipated case involving what injury is necessary to sustain Article III standing in federal court.  Some predicted a blow to consumer protection and privacy related class actions in which neither the class representative nor the class […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part III

February 11, 2016

Now that the amendments affecting the rules regarding the bringing of a case and case management procedures, as well as those changes to the scope of discovery have been discussed, the final piece of this guide addresses the changes to preservation requirements and the new rule governing sanctions—or remedies—for ESI spoliation. Rule 37(e) has been […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part II

January 21, 2016

Out with the old, in with the new. It’s time to scrap “reasonably calculated” in favor of “proportionality.” This is because the amended Rule 26 has deleted the directive that “[r]elevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.” Instead, the […]

The Three-Part Guide to Understanding the Implications of the Amended Federal Rules of Civil Procedure: Part I

January 13, 2016

The Amendments are officially upon us. On December 1st, the changes to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55, and 84 of the Federal Rules of Civil Procedure became law. For federal-court litigators, these changes included key amendments that are highlighted in this three-part guide. While some changes are as simple […]

Maritime Removals Under § 1441(b)

July 2, 2015

The Eastern District of Missouri has added itself to the wave of federal district courts finding that a 2011 amendment to the removal statute, 28 U.S.C. § 1441(b), does not permit removal of general maritime cases to federal court. Ordinarily, claims brought under general maritime (or admiralty) law can’t be removed to federal court when the […]

Seventh Circuit Rejects Class Plaintiff’s Attempt to Avoid CAFA Removal by Limiting Damages Sought in Complaint

April 23, 2014

On April 9, 2014, the Seventh Circuit issued its opinion in Johnson v. Pushpin Holdings, LLC, No. 14-8006 (7th Cir. April 9, 2014). In Pushpin, the Seventh Circuit held that before a class is certified, a statement by the named plaintiff in the complaint does not limit the amount of potential damages that the class […]

Get in that Chicken Suit! The Role of Facts Outside the Court Record in Appellate Review

April 10, 2014

The qualifications for a clerkship with a federal circuit judge are steep: high class ranking from a top law school, significant law review experience, recommendations from well-respected faculty, etc. Now another qualification may be added to that list: the ability to don and doff poultry sanitary gear in less than two minutes. Such was the […]

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). […]