Hepler Broom, LLC

Are Data Breach Claims Covered by a Commercial General Liability Policy?

April 1, 2014

“Hello, Mr. Jones. Did you just try to make a $10,000 jewelry purchase in Brazil?” To put it mildly, that is not the type of question that want your customers– or as an insurance company, the customers of your policyholder– to receive. All too often, however, despite the best security efforts, data breaches of sensitive […]

Illinois’ Eavesdropping Statute Overreaches

March 31, 2014

Free Speech Trumps Conversational Privacy In a recent pair of decisions, the Supreme Court of Illinois resolved the tension between freedom of speech and privacy in favor of freedom of speech. In People v. Clark, 2014 IL 115776 the Court held that Illinois’ eavesdropping statute was so overbroad it violated the First Amendment of the […]

SCOTUS Washes Out Manufacturers’ Challenge to Consumer Class Actions

March 3, 2014

Supreme Court Refuses to Review Consumer Appliance Defect Class Actions Critics of the Supreme Court as consistently “pro-business” welcomed the Court’s February 24, 2014 order denying certiorari in a series of consumer class action cases alleging defects in millions of front loading washing machines.  A pair of recent Sixth Circuit and Seventh Circuit decisions, and […]

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). […]

U.S. Supreme Court Addresses When a State can Assert General Jurisdiction of Foreign Corporations

February 7, 2014

The United States Supreme Court recently handed down a decision that may affect whether and when state and federal district courts can exercise general jurisdiction over non-resident corporations.  In Daimler AG v. Bauman, et al., US Supreme Court no 11-965 (January 14, 2014), the U.S. Supreme Court held that Daimler AG, a German Corporation with […]

COMMERCIAL CLEANING FRANCHISOR SWEEPS UP RICO CLAIMS — Arbitration Provision and Class-Action Waiver Clause Valid and Enforceable by Nonsignatories

February 4, 2014

Stratus Building Solutions faced a business challenge on a bet the company scale.  Despite winning many franchise awards, five franchisees charged that its entire system imposed a fraud on franchisees.   The plaintiffs sued 179 defendants, including the system franchisor, master (regional) franchisors, and over 70 individuals associated with the franchise system of violating §§ 1962(c) […]

United States Court of Appeals for the Seventh Circuit Reverses Class Certification for Failure of the District Court to Perform a Rigorous Analysis Before Finding Predominance

January 28, 2014

In Parko, et al. v. Shell Oil Co. et al., Nos. 13-8023 & 8024 (7th Cir. Jan. 17, 2014), Judge Posner of the United States Court of Appeals for the Seventh Circuit recently reversed an order from the United States District Court for the Southern District of Illinois granting class certification to a group of plaintiffs […]

Summary Judgment for Ameren Illinois in Northern District of Illinois Mesothelioma Case

January 2, 2014

Judge John Tharp of the U.S. District Court for the Northern District of Illinois recently granted a motion for summary judgment in favor of Ameren Illinois in the case of Peter Stanley v. Ameren Illinois Company, et al., 1:12-cv-06073, involving a 76-year-old engineer who died of mesothelioma. Peter Stanley spent his career as a boiler […]

The Number of Lung Cancers Filed in Madison County and St. Louis City Continue to Climb

January 2, 2014

In Issue 48 of the Midwest Toxic Release (June 2012), we encouraged more investigation into the causes of non-smoking lung cancer cases as the number of lung cancer filings was rising.  Over a year later, the number of lung cancer cases filed in 2013 in Madison County and the City of St. Louis has exceeded […]