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Category Archives: Blog

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

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 & Tuckpointing, Inc., 2017 […]

U.S. Supreme Court Holds: Dealership Service Advisors are Exempt from the Fair Labor Standards Act’s Overtime-Pay Requirement

Maureen Murphy

By Maureen Murphy On April 2, 2018, the United States Supreme Court in the case of Encino Motorcars, LLC v. Navarro, in a 5-4 decision, and based upon what it called a “fair reading” of the statutory language in the Fair Labor Standards Act, held that service advisors at auto dealerships are exempt from the […]

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 […]

Recent Seventh Circuit Opinion Provides Further Instruction on the “Ministerial Exception”

Maureen Murphy

In its first opinion to date on the “ministerial exception” since the Supreme Court’s ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC et al, 132 S.Ct. 694, 706 (2012), the Seventh Circuit has ruled that a Hebrew teacher at a private, Jewish school is a ministerial employee and therefore, her employment discrimination case […]

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 […]

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) […]

Seventh Circuit Ruling on Leaves of Absence as an ADA Reasonable Accommodation

Maureen Murphy

On September 20, 2017, the federal Seventh Circuit Court of Appeals, interpreting the “reasonable accommodation” requirement of the Americans with Disabilities Act, held that the  Act does not require employers to provide employees with a long-term leave of absence that exceeds the leave time granted to employees by the Family Medical Leave Act and the […]

Department of Labor Overtime Rule Invalidated

Maureen Murphy

On Thursday, August 31, 2017, the U.S. District Court for the Eastern District of Texas struck down the DOL Overtime Rule previously announced on May 18, 2016.  The Overtime Rule, which was to take effect on December 1, 2016, required employees to earn at least $913/week or $47,476/year in order to be considered an exempt […]