Skip to Content

Blog / Articles

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 »

Prior Job Application Admissible in ADA Litigation Along with Evidence That The Employer Hired a Different Member of Plaintiff's Protected Class

Overview: In 2010, plaintiff applied and interviewed for a service representative position with the Social Security Administration (SSA), and claimed she received an offer of employment at the end of her interview. The plaintiff then disclosed her physical and mental disabilities which she claims prompted the SSA to rescind its offer of employment. The SSA   Continue Reading »

Attorney Client Privilege Under Attack: Disclosing Defendant Physicians as 213(f)(3) Witnesses

An issue has arisen in the context of disclosing direct defendant physicians as 213(f)(3) witnesses. Certainly, a party fits under the plain language as 213(f)(1) and 213(f)(3). Recently, in Cook County, Plaintiff’s attorneys have sought discovery production of communication between direct defendant physicians who are disclosed as (f)(3) witnesses and his/her attorneys. The position that   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 »

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