Appellate

Oct
20

First District Appellate Court Carves Out Narrow Exception to Petrillo Doctrine

In McChristian v. Brink, 2016 IL App (1st) 152674, the Illinois Appellate Court for the First District carved out a narrow exception to the Petrillo doctrine, which traditionally prohibits defense counsel from having ex parte communications with a plaintiff’s treating...

Jul
21

Illinois Fourth District Appellate Court Creates Doubt as to the Viability of Section 2-1205 Post-Judgment Relief

Posted in Appellate

A recent Appellate Court Decision from the Illinois Fourth District has cast doubt on the viability of a defense-friendly modification to the collateral source rule. In Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728, the Plaintiff was successful in his medical...

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...

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...

Nov
25

New Illinois Appellate Court Decision Affects Enforceability of Non-Competes

When employers craft non-compete agreements for new hires and current employees alike, they are likely aware of the factors courts traditionally consider when analyzing their enforceability.  These factors include the length of the non-competition and non-solicitation, and the geographic...

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