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In Graham v. Lakeview Food Pantry, 2019 IL App (1st) 182003, the First District affirmed summary judgment for defendants, including the Catholic Bishop of Chicago (“the Archdiocese”), on plaintiff’s negligence complaint following a fall at defendant’s church. Ultimately, the court found that plaintiff’s claim against the Archdiocese was time-barred by the Illinois statute of repose for construction (735 ILCS 5/13-214(b) (West 2016) (“the statute”). Case Summary On January 17, 2015, plaintiff went to the Archdiocese’s…
Most lawyers are keenly aware of Illinois’ Attorney Registration Commission’s (ARDC) role in the attorney registration, licensing, and continuing education processes.  However, many are unaware of the processes involved in the investigation and prosecution of attorney discipline matters.  Here are three tips (and a bonus!) for things you should consider if you are faced with a complaint to or Request for Investigation from the ARDC. Don’t delay, but don’t fire off an emotional response. Rule…
From West Coast to East Coast, states have rushed to issue orders, rules, and regulations to address the new coronavirus pandemic, including, in part, the states’ determinations of what construction work/services are “essential.” Those definitions of “essential” construction activities vary greatly;  some states adopted severe restrictions on construction (allowing only emergency repairs), while others issued few restrictions (leaving construction relatively unaffected). Despite the states’ attempts to maintain “essential” construction projects, the COVID-19 pandemic caused more…
Clients who are new to asbestos litigation often ask why so many defendants are named in asbestos lawsuits.  The person usually says to me, “it sounds like they just name every company which they believe used asbestos at some point and then they see what sticks. Isn’t this a huge cost on the system and a burden on companies that had no connection to the plaintiff?” These questions and others were recently on the minds…
In general, Illinois law requires that a lawsuit be commenced “(1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.” 735…
Cases decided by federal courts in Illinois and the Seventh Circuit have held that groundwater does not implicate the CWA, even if there exists a hydrological connection between groundwater and navigable waters.  In Vill. of Oconomowoc Lake v. Dayton Hudson Corp., 24 F.3d 962, 965 (7th Cir. 1994), the Seventh Circuit opined that “we are confident that the statute Congress enacted excludes some waters, and groundwaters are a logical candidate.”  In a more recent case…
On March 25, 2020, the United States Environmental Protection Agency (“USEPA”) published on its website a draft memorandum entitled “Interpretation of ‘Begin Actual Construction’ Under the New Source Review Preconstruction Permitting Regulations” (“draft memorandum”). The draft memorandum announces that USEPA is adopting a revised interpretation of “begin actual construction” that will allow a source owner or operator to undertake significantly more physical on-site activities prior to obtaining a construction permit than previously allowed under the…
Today’s updates discusses the possibility of Illinois moving to Phase 3 of Governor Pritzker’s five-phase plan. Additionally, this update discusses an Illinois website to help those unemployed and Legislator Darren Bailey’s amended lawsuit against Governor Pritzker. HEALTH Before moving to Phase 3 of Governor Pritzker’s five-phase reopening plan, a region must meet certain milestones, including to have “[a]t or under a 20 percent positivity rate and increasing no more than 10 percentage points over a 14-day…
Today’s updates discusses Missouri state park campgrounds opening and a select few St. Louis Public Libraries set to reopen. Additionally, this update discusses a lawsuit filed in Boone County. SOCIAL LIFE Missouri state parks that had previously opened for limited activities will open their campgrounds next week. Existing reservations will be honored, and the parks will accept new reservations for dates after May 26. Only those with reservations may camp, and there will be limits…
Today’s updates discusses a COVID-19 outbreak in Johnson County Jail and steps to open the Indianapolis area economy as it moves to Phase 2. HEALTH As discussed in a prior update, Johnson County Jail had a high rate of COVID-19 infections. The County has now tested the remaining 231 inmates, resulting in 104 positive tests. The State Health Department has educated the inmates about the virus and how to prevent further spread. In addition, the County…