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Category Archives: Illinois Supreme Court

Developments in Judicial Estoppel following Seymour v. Collins

October 19, 2017

Judicial estoppel, also known as estoppel by inconsistent positions of law, precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Often, it is asserted as an affirmative defense in a personal injury lawsuit where the plaintiff failed to disclose the existence […]

Can Parent Companies be Held Liable for the Acts of Their Subsidiaries? The Theory of Expanded Liability for Parent Companies in Illinois

July 24, 2013

** By HeplerBroom Summer Associate Tiffany B. Wong A. Direct Participant Liability Negligence Theory in Illinois In Illinois, it is a bedrock principle of limited liability deeply ingrained in our economic and legal systems that a parent company is not liable for the acts of its subsidiary.  Liability for negligence arises when one person breaches a […]

Corporate Counsel Take Note: Attorney-Client Privilege Scores Major Victory in Illinois Supreme Court

March 23, 2013

The attorney-client privilege is one of the oldest recognized privileges protecting confidential communications between two parties.  While the privilege serves as the cornerstone of the attorney-client relationship, the privilege is waived when confidential communications are disclosed to third parties.  In fact, the “subject-matter waiver” doctrine holds that where a privileged communication concerning a particular subject […]

Illinois Supreme Court Recognizes New Privacy Tort: Intrusion Upon Seclusion

March 10, 2013

Following the lead of multiple Illinois appellate districts, the Illinois Supreme Court recently recognized for the first time an actionable tort for “intrusion upon seclusion.”  Intrusion upon seclusion is one of four torts generally recognized under the umbrella of the “right to privacy” torts along with public disclosure of embarrassing private facts, publicity which places a person […]