Skip to Content

Blog / Articles

The GST Trust Tax Trap

The issues faced by trust and estate lawyers sometimes include complex tax analysis. One of those issues arises when an irrevocable trust skips a generation with trust assets going directly to grandchildren. That event may trigger a tax that is known as the federal generation-skipping transfer (GST) tax. The GST tax can be partially avoided   Continue Reading »

Ruling Raises Questions About OSHA Worksite "Controlling Employer" Policy

An interesting legal development in Texas might prove significant for construction companies and other employers within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit – and any other jurisdiction that follows its view. The ruling should also encourage employers in other jurisdictions to challenge their circuit court’s rulings on “multiemployer/controlling employer”   Continue Reading »

7th Circuit Reaffirms Distinction Between Supervisor and Co-Employee Harassment Under Title VII

In Gates v. Board of Education of the City of Chicago, the 7th Circuit Court of Appeals reversed the grant of summary judgment in the defendant’s favor in this Title VII racially hostile work environment case.  The District Court had found that a supervisor’s use of the “N” word on 2 occasions and stating that   Continue Reading »

Internal Quality Control Documents Granted Privilege in Med Mal Dispute

Hospitals face this issue on a regular basis: whether documents used for internal quality control review sessions are privileged.  In this particular medical malpractice lawsuit alleging wrongful death, the hospital asserted privilege, under the Medical Studies Act, to certain internal quality control documents requested in discovery. Overview: The decedent, while under general anesthesia, allegedly suffered   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 »

In Construction Site Insurance Coverage Dispute, Silence on Subcontractor’s Potential Negligence Sufficient to Create Duty to Defend

Overview: The general contractor for a construction project at a corporate office site hired a subcontractor to work on escalators at the construction project. The subcontract agreement required that the subcontractor name the general contractor and the owner of the corporate office as additional insureds under its insurance policy. Subsequently, an employee of the subcontractor   Continue Reading »

A Municipality “Moment:” FOIA Request for Police Department Videotapes Denied by Trial Court and Affirmed on Appeal

Overview: In 2016, the plaintiff, who worked as a reporter, submitted four Freedom of Information Act (FOIA) requests to obtain videotapes from 2013 of police interviews of several individuals accused of murder. The defendant (a municipality) denied those requests claiming unwarranted invasion of personal privacy, interference with actual or pending law enforcement proceedings, and disclosure   Continue Reading »

Illinois SB 1596 and Its Implications on Latent Injury Cases

The Illinois legislature has passed Senate Bill 1596 (SB 1596) and forwarded it to Governor Pritzker for signature.  This bill amends the Illinois Workers Compensation Act and Occupational Diseases Act to remove the Act as an injured worker’s exclusive remedy against his or her employer where recovery under the Act is barred by the statute   Continue Reading »

Johnson and Bell

Johnson and Bell