Protections Against Implied Warranty of Habitability Claims Broadened in Illinois

Author: Scott Ruksakiati

Guest Editor: Grace Shuman

October 29, 2021 9:00am

For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch.  “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his spontaneous purchase of a beat-up convertible.  That same lesson was one homebuyers learned for many years.  In Illinois, a seller of real property was not liable to a purchaser for defects in the design or construction of the property which existed, even in a latent state, at the time of the sale.

Good Faith Under the Contribution Act – Not Always Good for the Defense

Author: Mark Shanberg

Guest Editor: Kiran Gupta

October 4, 2021 5:17pm

The Joint Tortfeasor Contribution Act is not as straightforward as attorneys might think. Section three of the Joint Tortfeasor Contribution Act provides the pro rata share of each tortfeasor shall be determined in accordance with his relative culpability and no person shall be required to contribute to one seeking contribution an amount greater than his pro rata share

It’s Official—Illinois Now Provides for Pre-Judgement Interest

Author: Mark Shanberg

July 2, 2021 9:00am

On May 28, 2021, Governor J.B. Pritzker signed Senate Bill 72 into law as Public Act 102-0006. The Act amends 735 ILCS 5/2-1303(a). The amendment became effective on July 1, 2021. Pursuant to Public Act 102-0006, the Illinois judgment interest statute now imposes prejudgment interest in all actions seeking damages for personal injury or wrongful death, including claims based on negligence, willful and wanton misconduct, intentional conduct, or strict liability.

Illinois Biometric Privacy Law Does Not Require Showing of Actual Injury

Author: Mark Shanberg

Guest Editor: Kiran Gupta

April 2, 2021 9:00am

The Illinois Biometric Privacy Act (BIPA) went into effect in 2008 and imposes requirements and restrictions on private sector businesses which collect or otherwise obtain biometric information, including fingerprints, retina scans, and facial geometry scans from individuals.  Among other requirements, businesses must receive written consent from individuals before obtaining their biometric data, and they must disclose their policies for usage and retention of the information.  For negligent violations, individuals can recover the greater of $1,000 or their actual losses.  For reckless violations, the baseline award increases to $5,000.  This article will discuss a recent Illinois Rosenbach v. Six Flags Entertainment Corp., Supreme Court decision addressing the application of BIPA. A general overview of BIPA will provide helpful context to our analysis.

Time is on Their Side: If Illinois House Bill 3360 Becomes Law – Allowing Plaintiffs to Recover Pre-Judgement Interest

Author: Mark Shanberg

March 1, 2021 12:36pm

On January 13, 2021, with the backing and encouragement of the Illinois Trial Lawyers Association, the Illinois General Assembly passed House Bill 3360, which amends section 2-1303 of the Illinois Code of Civil Procedure.  This bill would amend the state’s prejudgment interest statute to allow recovery of nine percent interest per year on all personal injury and wrongful death claims decided in favor of plaintiff.  If passed into law, plaintiffs in personal injury and wrongful death cases will recover prejudgment interest at the rate of nine percent per year on all damages awarded in a trial.

Special Interrogatories in Illinois State Court are Now Weighted in Favor of Plaintiffs

Author: Mark Shanberg

February 1, 2021 8:16pm

The use of special interrogatories is the practice of submitting to the jury specific written questions regarding the facts giving rise to their verdict.  Special interrogatories entered into the American jurisprudence system through the common law, and its modern use and application is typically governed by statute.  In Illinois, the special interrogatories statute is codified in 735 ILCS 5/2-1108.  The Federal Rules of Civil Procedure also provide for the use of special…

Illinois Practice Note: Amendment to Rule 23

Author: Scott Ruksakiati

January 11, 2021 9:00am

The Illinois Supreme Court has implemented a change to a rule that has long frustrated Illinois practitioners. Beginning January 1, 2021, orders issued by the Appellate Court under Rule 23 may now be cited in legal briefs as persuasive authority. To understand the significance of the amendment, a bit of history is in order.

Can a Home Office Establish Venue in Illinois?

Author: Scott Ruksakiati

Guest Editor: Nathan Berkeley

November 30, 2020 3:26pm

During an extended period of COVID-19-related changes to the way businesses operate, and considering the uncertainty of what the situation may be in the coming months, the potential significance of a recent Illinois Supreme Court’s opinion on the issue of whether a home office is sufficient for purposes of establishing venue cannot be overemphasized. Even though the facts of Tabirta v. Cummings, 2020 IL 124798, originated well before COVID-19 surfaced to influence many parts of everyday life, its issuance during the pandemic serves to provide guidance for business owners and defense counsel alike moving forward, especially when so many employees are working from home.

The Discovery and Use of Social Media Evidence in Illinois

Author: Mark Shanberg

November 2, 2020 3:00pm

Most “standard” sets of interrogatories directed at a plaintiff seek information concerning the existence of any social media platforms such as Facebook, Instagram/Finsta, Twitter, and Snapchat.  Assuming the existence of one or more of these accounts, unless and until the plaintiff’s counsel instructs their client to stop posting on these account(s), often times the plaintiff will continue posting photographs and “updates” recounting their recent activities.  In this regard, a preservation letter and/or order requiring the plaintiff to preserve any photographs…

Liability Protections in a COVID-19 World

Author: Scott Ruksakiati

Guest Editor: David Kahn

October 5, 2020 1:46pm

Soon after States began imposing quarantine restrictions due to the COVID-19 pandemic, it became readily apparent many businesses would be severely and negatively impacted, perhaps permanently. Certainly, for home improvement and home gardening retailers, both online and brick-and-mortar, 2020 has been a lucrative year.  However, other businesses, such as gyms, salons, restaurants, and bars, which rely primarily on patrons visiting their locations in person, have seen catastrophic consequences due to the pandemic. The federal government recognized the devastating effects pandemic-related restrictions would…

Illinois Clearly Defines When Motor Vehicle Negligence is Afforded Immunity Under the EMS Act

Author: Nathan Berkeley

Guest Editor: David Kahn

September 1, 2020 8:30am

Illinois is one of 24 states with providing immunity to authorized paramedics and emergency medical responders. Section 3.150(a) of the Illinois Emergency Medical Services (EMS) Systems Act (the “EMS Act”) grants civil liability immunity for emergency or non-emergency medical services provided during department training, conducting their duties, or in an emergency, excluding willful and wanton misconduct. The public policy reasons for providing immunity to emergency medical personnel are clear – to encourage…

Copyright © 2001–2022 Tyson & Mendes LLP. All Rights Reserved. Website by Big Behavior.