Illinois’ Dram Shop Act: Knowing Your Limits, Even When Your Patrons Don’t

At common law, Illinois businesses that were engaged in the for-profit sale, distribution, manufacturing and wholesaling of alcohol were not liable for injures arising out of alcohol transactions. However in 1872, Illinois’ Dram Shop Act was enacted, which specifically recognized a cause of action against such businesses where an intoxicated person injured another. The Dram…

Trucking vs. Non-Trucking Liability Policies: Easy, Right?

Truck drivers often find themselves operating their trucks outside the scope of their employment, and outside the scope of their carrier’s insurance policy.  As such, most people in the industry are familiar with “non-trucking” or “bobtail” liability insurance policies, which provide certain coverage while a tractor is being used for non-business purposes. Specifically, non-trucking liability…

Officer Prevails at Trial and on Appeal on Arrestee’s Claim of Malicious Prosecution and Equal Protection Violation

Tom Weiler and John Masters successfully defended a Westchester, IL police officer against claims of malicious prosecution and equal protection “class-of-one” in federal court. The case was tried to a jury before Judge Sara Ellis. The plaintiff had been charged with resisting arrest and battery to a police officer following the traffic stop of a…

Illinois House Bill 4426 & “Blindfolding the Jury”: Addressing Juror Bias in Comparative Fault

Illinois State Representative Ron Sandack recently introduced House Bill 4426, which proposes to modify 735 ILCS 5/2-1107.1, the Illinois Code of Civil Procedure section dealing with jury instructions in tort actions.  If passed, HB 4426 would remove the requirement in Section 2-1107.1 that juries be instructed that “the defendant shall be found not liable if…

Illinois Appellate Court Refuses to Enforce or Modify Overbroad Restrictive Covenants

The Illinois First District Appellate Court recently affirmed a circuit court’s refusal to enforce or modify restrictive covenants contained in an employment agreement, holding that the covenants failed the test of reasonableness articulated by the Illinois Supreme Court in 2011 in Reliable Fire Equipment v. Arredondo. In light of this decision, Illinois employers should take…

Illinois Employment Law Update

LGLJ recently participated in an Illinois Chamber of Commerce Employment Law & Litigation Committee meeting that included representatives from the Illinois Department of Labor (IDOL or “the Department”). New IDOL Director Hugo Chaviano and his staff fielded questions about recent changes to Illinois’ Wage Payment and Collection Act (“the Act”), which took effect before Governor…

Seventh Circuit Court of Appeals Decision Stresses Insurers Denying Coverage for Class-Action Liability Cases Should Intervene Early

A recent Seventh Circuit Court of Appeals decision emphasizes that an insurer who denies coverage to its insured should take every step to protect its own interests in the liability action as soon as possible, otherwise it may be subjected to a collaborative settlement between the insured and the plaintiff.  In C.E. Design, Ltd. and…

Summary Judgment for National Retailer and Commercial Property Owner Upheld by Illinois Appeals Court

LGLJ attorneys John Langhenry, Andrew Stuart and Sean Rohan obtained a victory on behalf of their clients in a personal injury case filed by an elderly plaintiff against a national retailer and local property owner. Plaintiff alleged that she fell and broke both knees as a result of ice and snow outside the store and…

My Co-Defendant Settled a Personal Injury Claim. How Does that Affect Me?

When a plaintiff reaches a settlement of a personal injury claim against one of multiple defendants, how does that settlement affect the remaining defendants? The answer will depend on which state’s laws govern. In Illinois, the remaining defendant may recover dollar-for-dollar up to the settlement amount if he otherwise complies with the statutory requirements of…