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ILLINOIS COURT FINDS IN FAVOR OF GENERAL CONTRACTOR IN WORKER DEATH CASE, FOLLOWING SECTION 414 OF THE RESTATEMENT

By: Werner Sabo, Of Counsel  A recent Illinois decision found in favor of a general contractor where the estate of a deceased construction worker alleged that the general contractor had breached a duty toward the worker and failed to prevent the worker’s death. In Meza v. F.H. Paschen, 2017 IL App (1st) 161569-U (Dec. 7, 2017), the worker was an…

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AMUSEMENT RIDE INDUSTRY-COMMON CARRIER EXPOSURE

By: Joseph Eichberger, Income Member A patron of an amusement ride was injured on the ride. The patron sued the owner/operator in negligence on two different theories.  One theory pled that the owner/operator owed the patron the duty of ordinary care. The other theory pled that the owner/operator owed the duty of highest care because the ride was a ‘common carrier’…

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WHAT DOES WORKERS’ COMPENSATION PAY FOR?

On 12/13/17, Rich Lenkov was quoted in the Super Lawyers article, “What Does Workers’ Compensation Pay For?” The article discusses the types of coverage for injured employees in Illinois. Click here to read more.

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FALSE CLAIMS AND WHISTLEBLOWERS

By: Margery Newman, Income Member Due to a historical unwillingness to utilize minority and female-owned businesses in the construction industry, public bodies in Illinois have instituted diversity programs. These programs are designed to increase the number of minority and female-owned businesses in the construction industry. For ease of reference, both of these groups will be referred to as Disadvantaged Business…

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THINGS TO CONSIDER WHEN INTEREST RATES ARE RISING!

By:  Bob Bramlette, Income Member In June, the Federal Reserve increased the prime rate by 0.25%. The Fed also announced that that it will start allowing about $10 billion in Treasury securities and mortgage-backed securities to mature every month, and eventually the amount is expected to increase to $30 billion a month in Treasury securities and $20 billion in mortgage-backed…

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7th Circuit Restricts Extent of Medical Leave Under ADA

By: Storrs Downey, Capital Member While all employers with 50 or more employees must provide their employees up to 12 weeks of leave under the Family and Medical Leave Act (FMLA), less clear is how much additional time beyond those 12 weeks an employer must provide its employees under the Americans with Disabilities Act (ADA).  The new Seventh Circuit Court…

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WHICH DOCUMENTS CAN AN ILLINOIS ARCHITECT SIGN AND SEAL?

By: Jim Zahn, Of Counsel The answer to the above question is found in the following two complex statutes governing the practice of architecture in Illinois.  They are as follows: The Illinois Architecture Practice Act of 1989, 225 Illinois Compiled Statutes, 305/1 – 305/40, Inclusive (Current through Public Act 96-060), commonly referred to as the “Act”. Title 68: Professions and Occupations,…

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SUPREME COURT CLARIFIES RESTATEMENT SECOND 414 RETAINED CONTROL CLAIMS FROM VICARIOUS LIABILITY CLAIMS

By: Geoff Bryce, Capital Member Patrick Joseph Carney v. Union Pacific Railroad Company, 2016 Ill. 118984, 77 N.E. 3rd 1 (2017) has flown under the radar.  This case significantly clarifies what most additional insured endorsements will cover in a work site accident case.  Most additional insured endorsements cover various liability claims but not direct negligence claims.  Carney holds there is a…

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COURT EXPANDS POTENTIAL INSURANCE COVERAGE FOR CONSTRUCTION DEFECTS

By: Tina Paries, Income Member In Illinois, courts look at the allegations of a complaint and language of an insurance policy to determine whether the potential for coverage exists.  If it does, then an insurer has a duty to defend its insured against those allegations. One area where the courts have been consistent is where property damage is caused by defective…

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EMPLOYEE DECLINED VACCINATIONS AND RELIGIOUS BELIEFS: EMPLOYER OBLIGATION TO ACCOMMODATE

By: Storrs Downey, Capital Member We have previously written an article on religious accommodations,“Religious Accommodations In The Workplace: Practical Lessons,” DRI’s In-House Defense Quarterly Magazine, Summer 2016, and continue to keep a close eye on how the courts are addressing religious protections within the context of the employment setting. In 2016 Mission Hospital, Inc., a North Carolina corporation, was sued…

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