Archive for Emily Flores

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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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UPCOMING WEBINAR: The Other Side: 5 IL WC Issues From A Petitioner’s Attorney’s Point Of View

Join Rich Lenkov and special guest David B. Menchetti for 5 Illinois workers’ compensation issues, from the perspective of a petitioner’s attorney. The webinar will examine: • Neutral Risk: Why There Is No Such Thing • Utilization Review: The Good, The Bad & The Ugly • AMA Impairment Ratings: What You Need To Know • Opioids: Use, Abuse & Disuse…

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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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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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CAN SENATE EXPEL ROY MOORE? ALSO, HAZING, CHICAGO LAWYER COLUMNISTS ON OFFICE POLITICS AND MORE!

Michigan State Professor of Law Brian Kalt discusses whether the Senate can do anything in opposition to Roy Moore winning a Senate seat. Wake Forest School of Law Professor Gregory Parks discusses the rise of hazing incidents and litigation. Nicolas Bourtin of Sullivan & Cromwell discusses 5 myths about white-collar crime. Inside Out columnists Christina Martini and David Susler discuss their…

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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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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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COOK COUNTY AND CHICAGO MINIMUM WAGE INCREASES

By: Jessica B. Jackler On July 1, 2017, Cook County’s minimum wage increased to $10.00 per hour for non-tipped employees and $4.95 for tipped employees. Chicago’s new minimum wage increased to $11.00 per hour for non-tipped and $6.10 for tipped employees. All employers that maintain a business facility within the geographic boundaries of Chicago and/or are subject to one or…

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