In March, 2024, summary judgment was entered on behalf of my client in the Northern District of Illinois District Court based on the de minimis rule. Our case was in federal court based on diversity, so the court applied Illinois law. First, a quick reminder of the de minimis rule: Pursuant to the de minimis […] The post DEFENSE WINS! – The De Minimis Rule appeared first on Retail, Restaurant & Hospitality Law ..read more

I am happy to report a recent summary judgment win in federal court based on the de minimis rule. In this case, the plaintiff testified she was in the parking lot of a store, and upon exiting her vehicle, she tripped because there was a height deviation between the cement curb next to her vehicle […] The post DEFENSE WINS! – De Minimis Rule appeared first on Retail, Restaurant & Hospitality Law ..read more

On August 11, 2023, Illinois Governor J.B. Pritzker signed into law a bill that amends the Wrongful Death Act (740 ILCS 180/1 and 740 ILCS 180/2) and the Survival Act (755 ILCS 5/27-6) to allow the recovery of punitive damages. This new law does not apply in malpractice actions against medical providers or lawyers, and ..read more

After 3 ½ LONG years of litigation I am very happy to have this matter resolved – especially with a win! This case involved an alleged trip and fall outside the restaurant, in a landscaped area. The plaintiff was an older gentleman who could not have been nicer but did not have the greatest memory.  ..read more

On August 11, 2023, Illinois Governor J.B. Pritzker signed into law a bill that amends the Wrongful Death Act (740 ILCS 180/1 and 740 ILCS 180/2) and the Survival Act (755 ILCS 5/27-6) to allow the recovery of punitive damages. This new law does not apply in malpractice actions against medical providers or lawyers, and ..read more

Anytime we can get a case transferred out of Cook County Circuit Court it’s a good day – for many reasons. We were able to do so for a client, having the case transferred to Grundy County based on the doctrine of forum non conveniens. The doctrine of forum non conveniens presupposes the existence of ..read more

For all of you bar and restaurant owners out there – this one’s for you! The plaintiff was the Estate of a minor who died in a one-vehicle motorcycle accident and he was intoxicated at the time of the accident. The plaintiff alleged the minor went to four different bars prior to the accident. Pursuant ..read more

“My courtroom is where summary motions come to die!” That is what the judge told us when he granted our motion for summary judgment in Will County, Illinois. The entire courtroom agreed with his statement and the judge was shocked by his own actions, but the natural accumulation doctrine is KING! In this case, the ..read more

In a long awaited opinion, the Third District Appellate Court recently solidified the one-year limitation period for Dramshop Act claims. This is a huge win for dram defendants, insurers and counsel. As a reminder: A cause of action brought pursuant to the Dramshop Act “shall be barred unless commenced within one year next after the ..read more

On July 1, 2022, pre-judgment interest in tort related lawsuits became law in Illinois (735 ILCS 5/2-1303).  On May 27, 2022, Judge Marcia Maras ruled that law is unconstitutional and invalid. (Hyland v. Advocate, Case No. 17 L 3541).  The defendant argued the law violated multiple Illinois Constitutional provisions including: (1) the right to a ..read more