by George Kiser
Recently, I was talking with colleagues about overly broad discovery orders entered against defendants and the options for appealing those orders. Wouldn’t it be nice to be able to appeal these orders before the case is over,
Latest from HeplerBroom Blog
Sovereign Immunity Extends to Formerly Private Entities Now Owned by the State
This post was written by HeplerBroom Summer Associate Sarah Jolley. A supervising partner also contributed to the post.
In Abo-Saif v. Bd. of Trustees of Univ. of Illinois, 2022 IL App (1st) 211091, the Illinois Court of Appeals, First District
Missouri’s Prompt Pay Act Provides for Simple Interest as Penalty for Failure to Pay
by Kathleen Hamilton
After a more than twelve-year court battle and three separate appeals, the Missouri Court of Appeals-Eastern District has ruled that the plain language of Missouri Statute Section 34.057 (the Prompt Pay Act) calls for a penalty of
Quiroz v. Chicago Transit Authority: An Illinois Supreme Court Analysis Regarding the Duty of Care
by Emilee M. Bramstedt
It is longstanding law in Illinois that a possessor of land does not owe a duty of care to an adult trespasser on his land except to refrain from willfully and wantonly injuring that trespasser.[1]
Insurance Providers & BIPA Litigation: Are Insurers Obligated to Defend Their Insureds in BIPA Litigation?
by Charles Insler
The Biometric Information Privacy Act (BIPA or Act) is the litigation gift that keeps on giving. Hundreds, if not thousands, of BIPA lawsuits have been filed across the state and federal courts of Illinois. Some BIPA lawsuits
The Illinois Prejudgment Interest Statute: Is It Unconstitutional?
by Katie A. Fulara Vinge
On May 28, 2021, Illinois Governor J.B. Pritzker signed an amendment to 735 ILCS 5/2-103 allowing for prejudgment interest of 6% for personal injury cases. Since that time, Illinois attorneys have pondered how best to
To Err is Human: Seventh Circuit Holds that Hospital is Immune from Liability Related to Misdiagnosis
This blog post was written by HeplerBroom Summer Associate Caitlin Jarman. Partner Elizabeth Dyer Kellett also contributed to the post.
The Takeaway
The Seventh Circuit’s decision on the distinction between “treatment” and “diagnosis” determined its application of the Illinois Tort
How and When to Present Residency Evidence Can Be Key to Trial Success
by Isaac R. Melton
Most home and auto insurance policies contain one or more clauses implicating the coverage afforded based on the residency of a named insured or someone seeking coverage under the insurance policy. Although determining one’s place of
Illinois Appellate Court Rules Policy Exclusion Clause Does Not Apply: Insurer Had Duty to Defend and Idemnify
This blog post was written by HeplerBroom Summer Associate Jocelyn Andersson. Partner Elizabeth Dyer Kellett also contributed to the post.
In Illinois Farmers Insurance Co. v. Godwin, the insured was in a car accident while driving his father’s car. Defendant
3 Keys to Preparing for Corporate Representative Depositions
by Eric Rosser
Our product liability clients are seeing an uptick in plaintiffs’ requests to depose their corporate representatives. More and more, these requests are directed to clients who rarely, if ever, have had to put a corporate representative up