In March, 2024, summary judgment was entered on behalf of my client in the Northern District of Illinois District Court based on the de minimis rule. Our case was in federal court based on diversity, so the court applied Illinois
Retail, Restaurant & Hospitality Law
The Retail, Restaurant & Hospitality Law blog, published by Cremer, Spina, Shaughnessy, Jansen & Siegert LLC, focuses on legal issues affecting the retail, restaurant, and hospitality industries. Topics include premises liability, such as trip and fall cases, application of the de minimis rule, wrongful death and survival claims, punitive damages, arbitration, and venue transfer motions. The blog discusses litigation strategies, recent legal developments, and case outcomes relevant to businesses operating in these sectors, particularly under Illinois law.
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DEFENSE WINS! – De Minimis Rule
I am happy to report a recent summary judgment win in federal court based on the de minimis rule. In this case, the plaintiff testified she was in the parking lot of a store, and upon exiting her vehicle, she…
Punitive Damages Available in Wrongful Death and Survival Claims in Illinois
On August 11, 2023, Illinois Governor J.B. Pritzker signed into law a bill that amends the Wrongful Death Act (740 ILCS 180/1 and 740 ILCS 180/2) and the Survival Act (755 ILCS 5/27-6) to allow the recovery of punitive damages.…
DEFENSE WINS! – Binding Arbitration Involving Safe Ingress/Egress
After 3 ½ LONG years of litigation I am very happy to have this matter resolved – especially with a win! This case involved an alleged trip and fall outside the restaurant, in a landscaped area. The plaintiff was an…
DEFENSE WINS! – Motion To Transfer Venue Due To Forum Non Conveniens Granted
Anytime we can get a case transferred out of Cook County Circuit Court it’s a good day – for many reasons. We were able to do so for a client, having the case transferred to Grundy County based on the…
Punitive Damages Available in Wrongful Death and Survival Claims in Illinois (Impact On Dramshop Act Cases)
On August 11, 2023, Illinois Governor J.B. Pritzker signed into law a bill that amends the Wrongful Death Act (740 ILCS 180/1 and 740 ILCS 180/2) and the Survival Act (755 ILCS 5/27-6) to allow the recovery of punitive damages.…
Defense Wins! – Dismissal of Death Case
For all of you bar and restaurant owners out there – this one’s for you! The plaintiff was the Estate of a minor who died in a one-vehicle motorcycle accident and he was intoxicated at the time of the accident.…
Defense Wins! – Natural Accumulation
“My courtroom is where summary motions come to die!” That is what the judge told us when he granted our motion for summary judgment in Will County, Illinois. The entire courtroom agreed with his statement and the judge was shocked…
One Year Limitation Period for Dramshop Claims – No Exceptions!
In a long awaited opinion, the Third District Appellate Court recently solidified the one-year limitation period for Dramshop Act claims. This is a huge win for dram defendants, insurers and counsel. As a reminder: A cause of action brought pursuant…
Cook County Judge Finds Pre-Judgment Interest Unconstitutional & Invalid
On July 1, 2022, pre-judgment interest in tort related lawsuits became law in Illinois (735 ILCS 5/2-1303). On May 27, 2022, Judge Marcia Maras ruled that law is unconstitutional and invalid. (Hyland v. Advocate, Case No. 17 L 3541). The…