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
20

The Reptile Lays New Eggs

A recent flurry of amended complaints in medical malpractice cases suggests that the plaintiffs’ bar seeks to extend the reptile strategy¹ to hospitals and private practice groups of physicians. These pleadings attempt to impose a duty upon hospitals and practices to promulgate by-laws, rules...

Apr
08

The Illinois Legislature Reduces the Number of Jurors From 12 to 6 In All Civil Cases Effective June 1, 2015

Posted in Civil Procedure

A recent revision to the Jury Demand statute, Section 2-1105, was rushed through the Illinois legislature in November of 2014 and reduces the number of jurors from 12 to 6 in all civil cases. The revised statute becomes effective on June 1, 2015. A defendant in any case filed before June 1, 2015...

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
05

FMLA Coverage to Now Include Same-Sex Spouses

Posted in Employment

On February 23, 2015, the U.S. Department of Labor (DOL) issued Final Rule changes (RIN 1235-AA09) altering the definition of “spouse” under the Family Medical Leave Act (FMLA) and published the new definition in the Federal Register on February 25, 2015 (80 Fed. Reg. 10,162). The new rule will...

Feb
25

Challenge to Wisconsin’s Cap on Noneconomic Damages in Medical Negligence Cases

On October 3, 2014, Milwaukee County Circuit Court Judge Jeffrey Conen held the $750,000 statutory cap on noneconomic damages for medical malpractice claims was unconstitutional as applied to Ascaris and Antonio Mayo in Mayo v. Wisconsin Injured Patients and Families Compensation Fund (2012 CV...

Feb
16

Employer’s Delay Defeats Summary Judgment

Posted in Employment

Generally, employers are best protected from lawsuits for terminating an employee if they document the employee’s file with reasons for the termination before acting on it. However, in Ledbetter v. Good Samaritan Ministries, 2015 U.S. App. LEXIS 1943 (7th Cir. Ill. Feb 6, 2015), the...

Nov
19

Statutory Formula To Be Applied In Maintenance Cases

Posted in Family Law

Commencing January 1, 2015, a significant revision will take effect to the Illinois Marriage and Dissolution of Marriage Act, for cases in which the parties’ combined gross incomes are less than $250,000.00, such that judges will no longer have the discretion to determine if a maintenance award...

Nov
13

New Employment Laws Effective January 1, 2015

Posted in Employment

January 1st marks the birth of a new year and of many new laws. Two significant revisions to existing employment law – one to Illinois state employment law and one to federal employment law – become effective January 1, 2015. Maternity Leave In August 2014,...

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