Civil Litigation

  The Missouri Supreme Court recently affirmed a trial court’s order denying an insurance company’s motion to intervene and set aside a judgment that was entered following the plaintiffs’ contract with a defendant to limit recovery of the judgment against the insurance company pursuant to Missouri Statute Section 537.065. Desai, M.D., et al. v. Seneca Specialty Insurance Company, SC97361. Plaintiffs Dr. Neil Desai and Heta Desai filed a lawsuit for personal injuries against defendant Garcia Empire, LLC. Garcia Empire had a commercial general liability policy issued by Seneca Specialty Insurance Company. Seneca sought to intervene in the lawsuit after the…
Anyone who has spent time reviewing claim forms and bills submitted by medical providers has probably encountered at least some of the more typical fraud schemes: overbilling, false claims, or maybe even kickbacks and bribery. Sophisticated technology, investigative techniques, and data analytics let us zoom in – and out – to identify these traditional forms of fraud at the individual claim level and on a system-wide scale. But a recent opinion by the New York Court of Appeals, the state’s highest court, should serve as a reminder to look out for a different sort of fraud that might not be…
On September 9, 2019, Midwest Generation, LLC (“MWG”) asked the Illinois Pollution Control Board (“Board”) to reconsider its interim order of June 20, 2019, in the enforcement case of Sierra Club v. Midwest Generation, LLC (docketed as PCB 13-15). That decision may have far-reaching implications for any party that has entered into an environmental compliance or remediation agreement with regulators incorporating Groundwater Management Zones (“GMZs”). According to MWG, the Board misconstrued the Illinois Environmental Protection Act and operative regulations when it found the company liable for continued violations and, in the process, drastically lowered the value of GMZs. Midwest Generation’s…
Are you ready to buy your very first home? Or maybe you’ve found a low-cost property that you want to wisely invest in. Whatever your reason for purchasing real estate, this article will guide you step-by-step through the process to a successful closing. Once you identify real estate you are interested in, many times with the help of a real estate agent, there are five stages until the ownership officially transfers and you receive the keys to your new property: Contract (Offer/Acceptance) Attorney Review Inspection Contingency Financing Contingency Closing 1. Contract (Offer/Acceptance) The contract formation begins with a buyer sending an…
On Wednesday, September 18, Mauck & Baker hosted a press conference in Millennium Park to announce its lawsuit against the City of Chicago on behalf of four Wheaton College students (and inevitably all Americans) who want the freedom to exercise their First Amendment rights in a traditional public forum. The cameramen and reporters from Fox, ABC, Chicago Tribune, WORLD radio, and WBBM weren’t the only ones in attendance, however. Many members of our law firm also came to show support and join in prayer—which was exactly how John Mauck opened before announcing the details of the lawsuit. [above] Attorney…
A startling new report shows how financially devastating the opioid epidemic has been for the people and businesses of Long Island. According to research from the Fiscal Policy Institute (FPI), Nassau and Suffolk counties suffered an estimated $16.6 billion in economic damages in 2016 and 2017—equivalent to roughly $22.4 million a day. That equates to a stunning 4.5 percent of Long Island’s gross domestic product (GDP). According to the report, 45,450 individuals on Long Island are currently living with opioid addiction. Those figures compound quickly for employers, who in 2017 suffered average costs of more than $5,000 per employee. Aggressive…
Sept. 26 is National Mesothelioma Awareness Day, a time for mesothelioma survivors and the asbestos-prevention community to come together to support victims and survivors and to recognize the serious long-term challenges ahead. Across the country and around the world, thousands of people are living with mesothelioma—thousands more are developing mesothelioma and don’t even know it yet. The key to fighting back is raising awareness so more people are educated about the disease and its only known cause: asbestos. A Day Dedicated to Mesothelioma Awareness Mesothelioma Awareness Day was first observed in 2004 on Sept. 26, which makes this the 16th…
As construction projects become more complex, new technologies and innovations more specialized, trades more regulated, and bidding more competitive, general construction contractors have become increasingly reliant on subcontractors to perform construction contracts. The result is that general contractors are less able to control, inspect, and even assess the work. Yet despite this continued shift, general contractors continue to assume almost complete contractual responsibility for job completion. Imagine this scenario from a recent case that was tried to verdict. A construction contract for a large building renovation included the installation of two elevators. The contract documents and specifications (all drafted by…
Let’s Get Ready to Race! Thank you for being part of the Miles for Meso community and the 11th Annual Alton Miles for Meso 5k Run & 3k Fun Run/Walk. Below is everything you need to know about attending the race. Packet Pickup Early packet pickup for registered participants will take place from 7 a.m. to 5 p.m. Friday at Simmons Hanly Conroy, located across the street from Marquette High School at 1 Court Street in Alton, Illinois. Race-day registration is from 7:30 to 8:30 a.m. Saturday at the registration tent located in Simmons Hanly Conroy’s main parking lot. If…
Written by Soo Yeon Lee, Esq. Buying and selling a house is one of the largest transactions in anyone’s life. In most instances, you will work with a real estate agent who will list your property, and an attorney who will guide you through the legal process. This article guides you through the  selling process, from having a prospective buyer to a successful closing. Once you receive an offer, there are five stages to go through: Contract (Offer/Acceptance) Attorney Review Inspection Contingency Financing Contingency Closing 1. Contract (Offer/Acceptance) When a potential buyer makes an offer, they will send you a…
A number of you have inquired about the recently enacted LGBT History mandate in public schools and are wondering what can be done to protect students. You, like many Christian parents, are concerned about your children being indoctrinated with the belief that a homosexual lifestyle is desirable and perfectly good. Although we don’t know the specifics of the curriculum at this time, the law does require all schools in the state include “the role and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this State” in official textbooks. This likely means we can…
Missouri’s inaugural medical marijuana facility application period ended just over two weeks ago on August 19, 2019. Now that the smoke begins to clear from the application process, hopeful applicants can focus their energy on fostering relationships so that their businesses can launch as soon as possible. With even the earliest anticipated harvest being at least several weeks after licenses are issued in December of this year, Missouri residents can expect this new industry to begin taking shape in the early months of 2020. The Missouri Department of Health and Senior Services (“Department” or “DHSS”) is expected to issue 348…
On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries. Particular provisions of the new venue rules apply specifically to lawsuits involving claims against insurance companies. First, Sections 375.1800 and 508.010 now provide that domestic and foreign insurance companies are deemed a resident of the county where their registered offices are maintained, including for venue purposes. A foreign insurance company that does…
In a landmark judgement, Oklahoma judge Thad Balkman ruled on Monday, Aug. 26, that Johnson & Johnson is liable for playing a large role in sparking the state’s opioid crisis through its deceptive marketing practices. With thousands of opioid lawsuits still pending, and another major opioid trial set for October, Monday’s ruling could set a new precedent in the fight against irresponsible drug manufacturers. It is the first lawsuit in the United States to hold a pharmaceutical company responsible for one of the worst and most deadly drug epidemics in modern history. As a result of Judge Balkman’s ruling,…
HeplerBroom has a long history of defending insurance producers across Illinois, with a strong appellate record on the ordinary-care duty and statute of limitations issues in particular. Western Cons. Prem. Properties, Inc., v. Norman-Spencer Agency, Inc., 845 F.3d 313 (7th Cir. 2017) (duty); RVP, LLC, v. Advantage Insurance Services, Inc., 2017 IL App (3d) 160276 (statute of limitations). We’re seeing new cases in which the producer defendant is alleged to owe a duty not only to its client to procure the policy he requests, but also to an additional insured on that policy. The typical circumstance is when a general…
Survivors of child sexual abuse in New York may yet have a shot at justice, thanks to a new law called the Child Victims Act, or CVA, which opens up the rules on filing sexual abuse lawsuits past a certain age. Within the past week, hundreds of survivors have stepped forward, bringing civil charges against individuals and institutions in the state of New York. Hundreds, if not thousands more are expected in the coming months. The growing amount of sexual abuse lawsuits have all come in response to the CVA. Effective Wed., Aug. 14, the law establishes a one-year…