This post updates the October 15, 2019, blog post regarding the citizen enforcement proceeding against Midwest Generation, LLC (“MWG”) launched by several environmental advocacy groups (“Environmental Groups”). (That post can be read here.) On February 6, 2020, the Illinois Pollution Control Board (“Board”) issued an order in Sierra Club, et al. v. Midwest Generation, LLC (PCB13-15) (“Reconsideration Order”) reconsidering its June 20, 2019, interim opinion and order (“Interim Order”). As addressed in greater…

The laws governing the Cannabis industry are changing so rapidly that it’s almost impossible to keep up with all the new legislation across the country. Currently, there are over 1,100 cannabis bills in state legislatures and Congress for 2020. While most in the industry do not believe we will see national legalization in 2020, an additional seven states could legalize cannabis in some form this year. That would bring the 2020 total to 40 states…

If you have not looked at your debt collection policies or read your form “dunning letter” in a while, you might need to add some routine check-ups to your 2020 calendar. While collection jurisprudence rarely undergoes a large overhaul, it should be no surprise that tightening protections for consumers are already on the horizon. Consumer protection issues are frequent headliners in national news. From nationwide data breaches to ever increasing household debt, and now with…

Facebook boasts of connecting us, of connecting users from across the world and uniting them by common interests and friendships.  One of the features for connecting users is the tagging feature – a way to indicate who is appearing in a photograph.  Facebook users can tag themselves and also tag their friends.  Facebook can also participate, using facial-recognition software to suggest the names of the people appearing in a users’ photos.  See Patel v. Facebook,…

Fresh off major wins in the 2019 session, Missouri tort reform advocates are shifting their focus to a new target: punitive damages. Following a string of large punitive damages awards from St. Louis City courts, legislators in both chambers introduced bills to sharply curb such claims. Senate Bill 591, introduced by Senator Bill White (R-Joplin), would establish new substantive and procedural restrictions on punitive damages claims. Most critically, the bill would raise the burden of…

When representing an insured, trial attorneys must be attentive and recognize the circumstances under which opposing counsel may or may not present evidence that their client carries liability insurance. More importantly, attorneys must understand the actions that must be taken to preserve the record and protect the client. The Eastern District Court of Appeals recently granted a new trial based on a finding that the plaintiff made repeated, improper references to the defendant’s liability insurer…

In Woods v. Amazon.com LLC and Johnson v. Amazon.com LLC, 2019 WL 2504093 (2019) & 2019 WL 2509122 (2019), respectively, two individuals, Andrew Woods and Michael Johnson (“Plaintiffs”) brought separate, but related personal injury actions against Amazon.com, LLC (“Amazon”), Duke Realty, LP (“Duke”) and Steel King Industries, Inc. (“Steel King”) (collectively, the “Defendants”). Defendants brought third-party contribution claims against Plaintiffs’ employer, Lakeside Rack Installer, Inc. (“Lakeside”). Both Plaintiffs suffered serious injuries when a forklift driver,…