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Category Archives: Illinois Law

Until Death Do Us Part … The Impact of a Plaintiff’s Death During Litigation

October 30, 2018

Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial […]

This entry was posted in Medical Malpractice and tagged , , , , , on by .

Matthew Brandabur
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Excluding Evidence of Medical Malpractice Lawsuits Filed against Experts Testifying in Medical Malpractice Cases

May 17, 2018

Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]

This entry was posted in Illinois Law, Medical Malpractice and tagged on by .

Julieta Kosiba
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Illinois Appellate Court Permits Insured to Prove Terms of Missing Policies with Specimen Coverage Forms for the Missing Policy Periods

March 28, 2018

Environmental contamination lawsuits frequently involve polluting activities which took place decades ago – long before the advent of computers and before it was possible for businesses to store information in an electronic format. When these lawsuits arise and a claim is tendered to an insurance carrier for defense and indemnity, the parties often struggle to […]

This entry was posted in Environmental Law, Illinois Law, Insurance, Insurance Law and tagged , on by .

Bradley Zaffiri
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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 […]

This entry was posted in Civil Litigation, Illinois Law, Insurance, Insurance Law and tagged , on by .

Katie Jacobi
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Read Your Insurance Policy Carefully: Insured Bound to Terms of Policy Despite Alleged Representations by Insurer’s Agent

February 6, 2018

As we have learned in recent days, we all need to be careful with the things we say, for sometimes those things we say can be used against us. But the life lessons do not end there. We also need to read things carefully, for the things we fail to read can be used against […]

This entry was posted in Civil Litigation, Commercial Litigation, Illinois Law, Insurance Law and tagged on by .

Mike Young
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Illinois Appellate Court Rejects Request to Re-Write Insurer’s Additional Insured Coverage to Conform with Construction Agreement

January 30, 2018

It is commonplace in construction projects for a contractor to require its subcontractors to purchase liability insurance that protects against certain claims and that includes the contractor as an additional insured. The problem is that many times the policy that the subcontractor purchases does not on its face meet the requirements set forth in the […]

This entry was posted in Civil Litigation, Commercial Litigation, Illinois Law, Insurance Law and tagged on by .

Mike Young
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Total Eclipse of …Liability? A Cosmic Reminder of the Use and Effectiveness of Exculpatory Language in Contract

September 12, 2017

Southern Illinois was recently in the national spotlight as the path of a total solar eclipse passed across the state. This rare occurrence brought hundreds of thousands of people to a thin path of the state to experience a natural phenomenon that, if not experienced correctly, could cause serious and permanent eye injuries.  It also […]

This entry was posted in Business Transactions, Civil Litigation, Commercial Litigation, Illinois Law and tagged , on by .

Daniel Lytle
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Member-managed LLCs Under Illinois Amended Limited Liability Company Act Effective July 1, 2017

August 1, 2017

As most business law practitioners are aware at this point, the Illinois Limited Liability Act has been amended by HB 4361 and the amendments were effective July 1, 2017. The amendments to the Limited Liability Company Act include numerous provisions regarding member managed companies. This article will address some of the concerns regarding the amendments […]

This entry was posted in Corporate Law, Illinois Law and tagged , on by .

Chad Richter
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An Illinois Supreme Court Reminder of What Constitutes Willful and Wanton Conduct under Tort Immunity Act: Barr v. Cunningham, 2017 IL 120751

May 17, 2017

The Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq.—commonly known as the Tort Immunity Act—provides certain statutory immunities to local public entities. These protected entities include, but are not limited to, counties, townships, municipalities, school districts, park districts, and other local governmental bodies. See 745 ILCS 10/1-206. The Act sets […]

This entry was posted in Civil Litigation, Illinois Law, Illinois Supreme Court and tagged , on by .

Matt Champlin
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Expanding Prohibitions on Accessing Applicants’ and Employees’ Personal Online Accounts: An Amendment to Illinois’ Right to Privacy in the Workplace Act

April 19, 2017

Does your company monitor its network or devices for network security or data confidentiality? Does your company have any policies or practices that seek access to any employees’ personal online accounts? If so, a recent amendment to Illinois’ Right to Privacy in the Workplace Act (“Act”) may require your company to adopt or revise its […]

This entry was posted in Employment, Illinois Law, Right to Privacy and tagged on by .

Julieta Kosiba
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