HeplerBroom, LLC

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While dogs bring us happiness and enrich our lives, they can also be sources of liability for their owners. The Second District’s recent decision in Dzierwa v. Ori examines the two liability theories recognized in Illinois for bodily injury caused by an animal, which all Illinois dog owners should be aware of. The Original Case In Dzierwa, plaintiff was bitten by Fiona, a 105-pound Cane Corso owned by defendants Joseph and Elizabeth Ori. The Oris…
It happened again. Plaintiff named a physician buried in the medical record as a defendant, the one that provided a consult on the day of surgery, and the one that lives in The County. The County, the venue where Plaintiff wants to be. Not in the county where your client hospital resides. Not in the county where the surgery took place. That other county down the road. Now your client is stuck there—unless you can…
Following a brief departure by the Court of Appeals for the Eastern District, the Missouri Supreme Court recently clarified in Green v. Fotoohighiam that courts should not stray beyond the facts and evidence set forth in a movant’s statement of uncontroverted material facts when considering a motion for summary judgment. 606 S.W.3d 113 (Mo. banc 2020). Missouri Rule Governing Summary Judgements Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for…
Takeaway: Statute amended in 2018 provides insurers with a roadmap to avoid bad faith liability claims when there is insufficient coverage for multiple claimants. A recent and not widely known amendment to the Missouri Interpleader Statute is a gift for insurers when they’re presented with multiple claimants and not enough coverage. Prior to 2018, insurers in Missouri were put in a difficult situation when faced with large claims that involved multiple competing claimants and a…
Typically, how substantially similar a demonstrative exhibit must be to the original occurrence is a gray area. Recently, the Appellate Court in the case of Ackerman v. Yapp, 2020 IL App (1st) 182708, clarified that the demonstration or exhibit needs to be considerably similar, particularly if being demonstrated by an expert in front of a jury. Additionally, the Court upheld the ruling that Plaintiff’s expert had no reliable basis to support his opinions regarding the…
Because of the current pandemic, it should come as no surprise that online shopping for the current holiday season has exceeded all previous records. Recent consumer data revealed that 71% of U.S. adults plan to do more than half of their holiday shopping online. Many retailers are also providing free shipping to increase sales. While FedEx, UPS, and Amazon may make most of the deliveries, many commercial motor carriers providing last-mile delivery can also expect…
In Chicago, many people dread the long, windy, and cold winters. What makes matters even worse is when there’s excess ice and snow. However, most Chicagoans don’t try to blame others when they slip on ice and snow. It’s been a longstanding rule in Illinois that to recover for an injury after falling on ice or snow, a plaintiff must show an unnatural accumulation of ice and/or snow. However, many plaintiffs try and push the…
Over recent months there have been several hearings related to personal jurisdiction held before The Honorable Steven Stobbs, the Madison County, Illinois, judge assigned to asbestos matters. Each of these hearings involve jurisdictional disputes between attorneys from Plaintiff’s firm, The Gori Law Firm, and non-resident Defendants. While Gori did not disagree in any case that the Defendants were, in fact, non-residents of the State of Illinois, they argued that in the cases at issue, specific…
Economic forecasters have been anticipating a significant spike in real estate foreclosures and evictions as a result of the coronavirus pandemic since before states began issuing lockdown orders in March 2020. The effects have been muted by government action on the residential front—for now—but commercial markets are starting to feel the downturn.[1] This post examines one of the issues insurance professionals can expect when handling property claims associated with the increasing inventory of distressed…
On September 24, 2020, the Illinois Supreme Court issued its decision in People of the State of Illinois ex rel. the Department of Human Rights v. Oakridge Healthcare Center, LLC, 2020 IL 124753, constricting the avenue through which plaintiffs can bring Illinois Human Rights Act claims for workplace discrimination against their defunct employers’ corporate successors. In its 6-0 decision, authored by Justice Kilbride (Justice Neville abstaining), the court affirmed summary judgment for the succeeding corporate…