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The Illinois Cannabis Regulation and Tax Act: Business Formation, Licensing and More

I. Social Equity in the Cannabis Industry In late May 2019, the Illinois House and Senate approved the Cannabis Regulation and Tax Act (the “CRTA”), which Illinois Governor J.B. Pritzker has already signed into law. The CRTA is set to go into effect on January 1, 2020. The CRTA creates a social equity program to   Continue Reading »

OSHA GUIDANCE ON RETURNING TO WORK IN THE CONSTRUCTION INDUSTRY

Recently, the Occupational Safety and Health Administration (OSHA) released additional information for employers in its “Guidance on Returning to Work” publication.  Although it does not create new legal duties for employers, it does contain recommendations for employers, as well as some standards that should be mandatory in the workplace. OSHA noted that its guidance was   Continue Reading »

“WARN” ACT NOTICE REQUIREMENTS FOR WORKFORCE REDUCTIONS AND PLANT OR BUSINESS CLOSURES CAUSED BY COVID-19

WORKFORCE REDUCTION ISSUES RAISED BY COVID-19 Due to the COVID-19 crisis, many retailers, small businesses, and large companies have little or limited revenue coming in and are forced to address “stay-at-home” employees who are without the ability to conduct “work-from-home” business. Whether government mandated or not, restrictions on business caused by COVID-19 leave these companies   Continue Reading »

THE ILLINOIS MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CONFIDENTIALITY ACT: Sword or Shield

The Illinois Mental Health and Developmental Disabilities Confidentiality Act (“the Act”), 740 ILCS 110/1 et seq.,[1] was passed in 1992 by the Illinois legislature to provide heightened privacy protections to recipients and providers of mental health services.  The Act has carved out a unique exception to our legal system’s principles of liberal discovery, strictly prohibiting   Continue Reading »

Illinois Spoliation of Evidence Law -- A Comprehensive Explanation

I.  Elements/definition of spoliation of evidence: Is it an “intentional or fraudulent” threshold or can it be negligent destruction of evidence. Illinois law does not recognize a separate and independent tort for spoliation of evidence. Dardeen v. Kuehling, 213 Ill. 2d 329, 821 N.E.2d 227 (2004); Boyd v. Travelers Ins. Co., 166 Ill. 2d 188,   Continue Reading »

Defense Dodges $8M Verdict in Negligent Misrepresentation of Insurance Coverage Lawsuit

The recent Seventh Circuit decision, Turubchuk v. Southern Illinois Asphalt Co., et al., No. 18 – 3507 (7th Cir. 2020), addressed the disclosure of available insurance coverage in discovery responses.  The case presents a good defense result in an unusual set of facts but is a reminder about the perils of providing incorrect insurance coverage   Continue Reading »

In Biegert, Seventh Circuit Ruling Sustains Use of Lethal Force When Officers Face Immediate Threats of Serious Harm

When are police officers legally justified to use lethal force? In Estate of Biegert by Biegert v. Molitor, the Seventh Circuit held that an officer was justified in shooting a man who had stabbed another officer in the arm, and, with the knife, stepped toward the officer who shot him. Claims of excessive force are   Continue Reading »

“Stay In Your Lane:” SCOTUS Affirms Third-Party Defendants Can’t Remove Class Action Lawsuits from State to Federal Court

Overview: A bank filed a debt-collection action in state court against the defendant, alleging he was liable for charges on a hardware store’s credit card. The defendant responded with an individual counterclaim against the bank, and filed third-party class-action claims against the hardware store and a water purification company. The defendant’s claims alleged that the   Continue Reading »

Johnson and Bell

Johnson and Bell