Posts by Trisha Tesmer

Jan
18

Employer Did Not Retaliate in Demoting Employee for Planning to File a Fraudulent FMLA Claim

The Seventh Circuit recently held that a Costco store did not engage in a retaliatory response when it demoted a manager to cashier after learning that he was planning to file an allegedly fraudulent FMLA leave request.  The Court further held that Costco did not...

Nov
10

Seventh Circuit Closes the Successor Liability Notice Requirement Loophole Under the MPPAA Regarding “Contingent” Withdrawal Liability

The Seventh Circuit closed the loophole pertaining to the successor liability notice requirement for purchasers of assets that come with a multiemployer union pension plan. In Tsareff v. Manweb Services, 794 F.3d 841 (7th Cir. 2015), the U.S. Court of Appeals for the...

Aug
10

The Future Of Data Breach Complaints – Actual Harm Required

Courts are now requiring more than a mere increased risk of a data breach in order to have standing to file suit for data breaches. In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782 (Ill. App. Ct. August 6, 2015), the Illinois Appellate Court held that plaintiffs did...

Apr
02

Seventh Circuit Reconciles Tests For Determining General Contractor Liability For Title VII Claims By Indirect Employees

The Seventh Circuit recently reconciled the “right to control” and “economic realities” tests in holding that a construction foreman hired by a second tier subcontractor failed to show that the general contractor was an indirect employer under Title VII since the general contractor...

Mar
26

Illinois Supreme Court Concludes that the Good Samaritan Act Applies to Volunteers and Not Those Who Are Compensated to Treat Patients Within the Scope of Their Employment Even If the Patient is Not Billed for Services

Illinois physicians can no longer claim immunity under the Good Samaritan Act if they are compensated for their time within the scope of their employment despite the fact that the patient was not billed for the emergency care provided.  Home Star Bank and Financial Services, Guardian of the...

Mar
05

Illinois Appellate Court Expands Damages Allowable in Wrongful Pregnancy Suit When a Genetic Abnormality is a Foreseeable Consequence of a Sterilization Procedure

The First District held that a plaintiff advancing claims of negligence and wrongful pregnancy can recover extraordinary expenses that would be incurred in raising a child born with sickle cell disease following her mother’s failed tubal ligation procedure. See Williams v. Rosner, 2014...

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