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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 »

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 »

Seventh Circuit Reverses ADA Ruling in Favor of Plaintiff; Obesity Without Physiological Cause Not ADA Covered Impairment

Overview: The plaintiff had worked at a rail yard, occupying different positions, for over 33 years. Some of those positions included: a grounds man, a driver, and a crane operator, and all indications are that the plaintiff was a productive and skilled employee. The rail yard the plaintiff was employed at was eventually purchased by   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 »

Probable Cause Existed and Plaintiff’s Retaliatory Arrest Claim Against Two Officers Gets Tossed.

Overview:  In 2014, plaintiff was arrested during “Arctic Man,” a week-long winter sports festival held in the remote Hoodoo Mountains near Paxson, Alaska.  The event is known for both extreme sports, as well as extreme alcohol consumption. Police officers spend most of the weekend responding to snowmobile crashes, breaking up fights and policing underage drinking.   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