The Illinois Pre-Judgment Interest Act took effect in Illinois on July 1, 2021. (735 ILCS 5/2-1303). This law provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per
Retail, Restaurant & Hospitality Law
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NEW CASELAW: Natural Accumulation
There is a new reported decision in Illinois regarding natural accumulation that is worth noting, Gore v. Pilot Travel Centers, LLC, 2021 IL App (3d) 210077. The plaintiff slipped and fell on ice on the sidewalk of a gas station. …
Defense Wins! – Binding Arbitration
In the time of Covid, jury trials are few and far between, but some cases are not meant to be settled. In these situations I highly recommend binding arbitration. The plaintiff gets her “day in court”, the price is extremely…
Defense Wins: Product Liability / Food Borne Illness
Summary judgment was granted on behalf of my client in a case involving a claim of salmonella poisoning and the plaintiff did not appeal the ruling. The moral to this case is that timing matters! The plaintiff claimed he worked…
Pre-Judgement Interest in Illinois
The Plaintiffs’ Bar continues to completely dominate Illinois and latest proof of this is a new law taking effect soon – prejudgment interest. Here are the main points to know about the new law: Illinois Senate Bill 72 (Prejudgment Interest…
Let’s Talk! – Appellate Review of Summary Judgment Motions
Welcome to a new addition to the Blog – Let’s Talk! Here is how it will work – Whenever I have a topic I want to discuss I will put it here and on LinkedIn and we shall see what…
Updated Dram Shop Act Caps in Illinois for 2021
The updated Dram Shop Act caps have been released and here they are: According to the U.S. Bureau of Labor Statistics, the CPI-U increased 1.36% during the preceding calendar year. Based upon the previous determinations, the liability limits are adjusted…
Defense Wins: Natural Accumulation (again!)
Oh how do I love the natural accumulation doctrine – let me count the ways! Yep – summary judgment was granted on yet another case based on natural accumulation. This time in Kane County, Illinois. In this case, the plaintiff…
Covid-19 Business Interruption Coverage Claims Update
A state court judge in North Carolina ruled in favor of policyholders and against Cincinnati insurance in a summary judgment motion addressing Covid-19 business interruption coverage claims. The plaintiffs were a group of restaurants and they filed a motion for…
Risk Management: The Key to Retail & Hospitality’s Survival
In this week’s edition of DRI’s The Voice, I discussed the importance of risk management and how it is the key to survival of the retail and hospitality industry this year. Here are a few comments from the article, along…