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Tag Archives: Illinois Appellate Court

The Personal Representative of a Disabled Individual Will Now Reap the Benefit of a Longer Statute of Limitations

December 10, 2019

In Illinois, statutes provide protection to a disabled person with respect to the time within which a cause of action for personal injury will accrue. Under traditional legal thought, the cause of action begins to accrue and the statute of limitations begins to run immediately on the date of injury. In cases where the injury […]

Getting Burned by BIPA. The First District Splits with the Second District on the Statute’s Meaning of “Aggrieved”

October 18, 2018

The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most […]

1st District Turns up Heat on Asbestos Plaintiff’s Claim of Personal Jurisdiction

June 6, 2018

In Campbell v. General Electric, 2018 IL App (1st) 173051, the Appellate Court of Illinois, First District, recently reversed the Cook County Circuit Court’s finding of personal jurisdiction over General Electric (“GE”) in an asbestos case. In directing that GE be dismissed from the case due to a lack of personal jurisdiction, the court struck down […]

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 […]

Self-Serving Pleadings for Additional Insureds

March 14, 2018

In a recent decision, the Illinois Appellate Court, Third District, considered what should and should not be considered by a trial court when making a determination on a motion to stay a declaratory judgment action on insurance coverage pending resolution of the underlying litigation. Pekin Insurance Company v. Johnson-Downs Construction, Inc., 2017 IL App (3d) […]

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 […]

“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute

September 10, 2014

On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim would have been non-compensable as untimely under the law’s repose provisions. The Decedent was allegedly […]

Illinois Appellate Court for the Fourth District Labels Exposure Claims as Speculative

January 2, 2014

On October 11, 2013, the Illinois Appellate Court for the Fourth District, which includes 30 counties in central Illinois, affirmed summary judgment orders for two defendants. In Bowles v. Owens-Illinois, Inc., the Plaintiff, Decedent’s surviving spouse, brought lung cancer claims against Owens-Illinois and John Crane. The cancer was allegedly caused by his exposure to asbestos […]

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.