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Category Archives: Blog

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 […]

Recent Seventh Circuit Court of Appeals Case Highlights Long Term Care Facility’s Duty to Assess Consent in Residents’ Sexual Activities

The Seventh Circuit Court of Appeals recently upheld a substantial civil penalty assessed against a long term care facility for failure to appropriately assess whether sexual activities between residents were consensual. The court’s decision highlights the importance of assessing the issue of consent when residents engage in sexual activities in long term care facilities, especially […]

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 […]

Medical Cannabis in Long Term Care Facilities

By Matthew F. Liebert Increasingly, long term care facilities across the United States are faced with a conundrum when a resident has been authorized under state law to use medical cannabis. Although a majority of states currently have legalized some form of cannabis for medical use, cannabis is still illegal under federal law.  Therefore, facilities […]

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: National Fraternity Organizations Owed No Duty to Local Pledge Who Died During Alcohol-Related Hazing Event

By Michael J. Bankhead On January 19, 2018, as a matter of first impression, the Illinois Supreme Court in the case of Bogenberger v. Pi Kappa Alpha Corporation, Inc. et al., 2018 WL 476648 (2018), found that the Pi Kappa Alpha national and international organizations (“Nationals”) owed no duty to a local pledge who died […]

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 […]

The Illinois Invest in Kids Act and Scholarship Granting Organizations

On August 31, 2017, the Illinois Invest in Kids Act (“Act”) was signed into law. The Act provides an Illinois state tax credit of 75% of the amount of donations made to pay for tuition at private elementary and secondary schools in Illinois. The Act requires that these donations be directed to these schools through […]