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Category Archives: Blog

Illinois Appellate Court Allows Plaintiff to Pursue Aggressive Approach to Legal Fees and Costs Under the Nursing Home Care Act in Recent Decision

Under the Nursing Home Care Act, a successful plaintiff is typically allowed to recover their attorney fees. Prior to the recent Appellate Court decision in Grauer v. Clare Oaks, an unpublished and nonprecedential decision, a court typically granted attorney fees under the Lodestar Method. Under this method, reasonable fees are calculated by multiplying the number […]

Borrowed Employee’s Injury Claim Was Barred by the Workers Compensation Act Even Though A Staffing Agency’s Insurer Paid His Compensation Benefits

The Illinois Appellate Court recently held that a client of a staffing agency was protected by the exclusive-remedy provision of the Workers’ Compensation Act for injuries to a loaned employee even if the client did not reimburse the agency for workers’ compensation premiums or benefits. In Holten v. Syncreon North America, Inc., 2019 IL App […]

Illinois’ New Marijuana Legislation: Notable Provisions and Important Considerations

On June 25, 2019, Illinois Governor J.B. Pritzker signed into law HB 1438, otherwise known as the Cannabis Regulation and Tax Act (“the Act”), a bill legalizing the recreational use and purchase of marijuana in Illinois. Starting January 1, 2020, adults over the age of 21 will be able to legally purchase marijuana from licensed […]

Collection of Biometric Information Under the Illinois Biometric Information Privacy Act: How a Recent Illinois Supreme Court Decision Exposes Private Entities to Potential Liability

On January 25, 2019, the Illinois Supreme Court reversed an appellate court decision and held that an “aggrieved” person capable of filing suit under the Illinois Biometric Information Privacy Act (“the Act”) need only allege a technical violation of the statute—no actual injury is necessary. By its decision, the Supreme Court may have opened the […]

Illinois Supreme Court Signals Heightened Standard For Discretionary Immunity

The Illinois Supreme Court recently issued an opinion that reaffirmed long-standing precedent holding that claims for injuries caused by dangerous conditions on public property are subject to the “discretionary immunity” defense under Sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-109, 2-201. However, in reversing the lower […]

Protecting the Rights of Insureds in Bankruptcy Proceedings

Colette L. Kopon and Michael A. Airdo won a major victory in Bankruptcy Court for the Northern District of Illinois on August 1, 2018. The Court found in favor of all parties objecting to a proposed settlement between the Trustee and an insurance carrier that would have otherwise enjoined the objecting parties from pursuing their […]

Illinois Courts Will Consider Claim File Notes in Finding an Insurer Must Defend

By Jeanne M. Zeiger Based on information contained in the insurer’s own claim file note, the Illinois Appellate Court found an insurer had a duty to defend its insured’s subcontractor, continuing the recent trend of expanding materials that a court may consider in determining the duty to defend.   In Pekin Insurance Company v. AAA-1 Masonry […]

Illinois Supreme Court Holds: No Absolute Immunity for “Shared-Use” Paths

Last month, the Illinois Supreme Court handed down two opinions which effectively extinguished absolute immunity under section 3-107 of the Local Government and Governmental Employees Tort Immunity Act (the “Act”), 745 ILCS 10/1 et seq., for injuries occurring on “shared-use” paths operated by public bodies.  These opinions clarify that public bodies can rely only on […]

IDPH Regulatory Actions under the Nursing Home Care Act

Incidents involving personal injury to nursing home residents must be reported to the Illinois Department of Public Health (“IDPH”) within 24 hours. 77 Ill. Admin. Code 300.690. Such reports often prompt the IDPH to initiate an investigation into the incident reported. In addition to investigations and possible sanctions by the IDPH, as well as other […]

IADC Explores Critical Privacy and Data Protection Legal Issues in October 2017 Defense Counsel Journal

Understanding the legal challenges impacted by privacy in today’s age of widespread surveillance, artificial intelligence, electronic records and other technologies is a critical mission of the International Association of Defense Counsel (IADC). As part of its ongoing commitment to legal education, the IADC has dedicated the October 2017 edition of its Defense Counsel Journal (DCJ) […]