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Category Archives: Blog

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 […]

Employer-Employee Arbitration Agreements Are Enforceable and Are Not Prohibited by the National Labor Relations Act

Maureen Murphy

By Maureen A. Murphy On Monday, May 21, 2018, in a 5-4 opinion written by Justice Neil Gorsuch in the case of Epic Systems Corp. v. Lewis, the Supreme Court upheld the enforceability of “one-on-one” arbitration agreements between employers and employees. These types of arbitration agreements prohibit employees from bringing class action suits to challenge […]

Qualified Immunity or an Absolute Shield? How the United States Supreme Court Has Signaled a Shift in Protection of Officers in Excessive Force Claims

By Calvin A. Townsend II As the United States Supreme Court’s current term draws to a close, we can expect to see a number of important opinions issued by the Court over the next 30 days.  The Court recently issued its decision on the scope of the qualified immunity doctrine, and this opinion seems to […]

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

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 […]