Tressler LLP

Tressler LLP is a national law firm headquartered in Chicago, with eight offices located in five states - California, Illinois, New Jersey, New York and Pennsylvania. Tressler is comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, defense, claims management and reinsurance.

Tressler attorneys also represent clients in commercial litigation, employment, corporate transactions and intellectual property law. Tressler has one of the most experienced and multi-faceted government law practices in Illinois.

Section 2-107 of the Illinois Local Governmental and Government Tort Immunity Act provides that “A local public entity is not liable for injury caused by any action of its employees that is libelous or slanderous or for the provision of information either orally, in writing, by computer or any other electronic transmission or in a book or other form of library material.” The language “for the provision of information” was a key issue in Plaintiff 1 v. Bd. of Educ. of Lake Forest High School Dist.115, 2024 IL App (2d) 230173. The plaintiffs in this case had gone to
Continue Reading Illinois Appellate Court Affirms Dismissal of Lawsuit Based on Tort Immunity Act

Caitlin Frenzer focuses her practice on providing general counsel services to local governmental bodies. Caitlin represents clients on a variety of matters including zoning, contracts, employment, school law, economic development, intergovernmental agreements, compliance with the Illinois Freedom of Information Act and Illinois Open Meetings Act, drafting legislation and policy.

Caitlin received her B.A. from Auburn University and her J.D. from University of Illinois Chicago School of Law. Where are you from? I was born and raised in Chicago, IL. I grew up on the north side of the city in a neighborhood called Edgebrook, IL.

What was your first job? My first job was
Continue Reading Attorney Spotlight: Caitlin Frenzer

A valid arrest requires probable cause. In Madero v. McGuiness, No. 23-2574, the Seventh Circuit affirmed that the inquiry as to whether there is probable cause for an arrest is based on the information reasonably available to the police at the time of the subject arrest. In Madero, the plaintiff brought a Section 1983 action against a police officer alleging a false arrest violating the Fourth and Fourteenth Amendments. The arrest stemmed from an alleged altercation following a hit-and-run. Upon arrival at the scene, the defendant officer was provided with information from three witnesses that the plaintiff had been
Continue Reading Seventh Circuit Confirms that Probable Cause Inquiry is Centered on Information Available to Police at the Time of Arrest

While independent parties continue to challenge the application of the CTA to condominium and homeowner associations, it still appears to apply. We recommend that associations hold off on its reporting requirements as we continue to obtain further clarity on the CTA as it seems to be an ever-evolving statute. To that, new guidelines for compliance were issued on April 18, 2024. This involves a nationwide database of beneficial ownership (i.e. board members, as board members exercise substantial control over reporting company/association). Further, a reporting company may provide a FinCEN identifier (“FinCEN ID”) instead of the beneficial owner’s personal information when filing. This allows board
Continue Reading Quick Update on the Corporate Transparency Act: Do Condos and HOAs Have to Comply?

The Fair Labor Standards Act (FLSA or Act) requires covered employers to pay employees a minimum wage and, for employees who work more than 40 hours in a week, overtime premium pay of at least 1.5 times the employee’s regular rate of pay. Section 13(a)(1) of the FLSA exempts from the minimum wage and overtime pay requirements “any employee employed in a bona fide executive, administrative, or professional capacity”. The exemption is commonly referred to as the “white-collar” or executive, administrative or professional (EAP) exemption.

The U.S. Department of Labor (DOL) has issued a new federal overtime rule for executive, administrative,
Continue Reading U.S. Department of Labor Issues New Overtime Rule 

In the recent case of Mertes v. Village of Mt. Prospect (2024 IL App (1st) 221787), the Appellate Court considered a dispute over whether a Village firefighter, Eric Mertes, was properly determined to have suffered line-of-duty injuries that were “catastrophic” pursuant to the Public Safety Employee Benefits Act, also known as PSEBA, and if the Village was required to pay for Mertes’ health insurance coverage.

Between 1999 and 2012, Mertes suffered a series of back injuries while responding to emergency calls, and in several instances when he was not responding to emergencies. The Village’s Firefighters’ Pension Fund granted
Continue Reading Appellate Court Sends Municipalities Another Warning on the Dangers of Failing to Properly Administer Benefits Under PSEBA

The U.S. Supreme Court recently issued opinions in two cases involving First Amendment challenges to social media activity – Lindke v. Freed and O’Connor-Ratcliff v. Garnier.

In Lindke, the City Manager of Port Huron, Michigan had a personal Facebook profile. He deleted comments from a commenter and the City Manager blocked the commenter from future posts on the City Manager’s personal Facebook page. The commenter sued the City Manager under 42 U.S.C. §1983 alleging that the City Manager had violated his First Amendment rights. The commenter argued that he had the right to comment on the City Manager’s Facebook
Continue Reading New Social Media Guidance from the Supremes!

Tressler LLP represented the Board of Elections for the City of Chicago in a complaint that challenged the inclusion of an advisory referendum initiated by the City Council on the March 19, 2024 primary ballot. The plaintiffs consisted of a group of trade associations, building owners, business owners and individuals who sought to have a court enter an order directing the Board to remove the advisory referendum from the ballot or in the alternative, to suppress the counting of the votes on the referendum following the election.  The Board moved to dismiss the complaint and strike the plaintiffs’ motion for judgment
Continue Reading Tressler Wins in Appellate Court on Behalf of the Board of Elections for the City of Chicago

In 2022, an inmate sent a letter to the mayor of Taylorville, IL complaining about the City attorney and other matters. The letter also included a FOIA request for a copy of the letter. The City’s FOIA officer denied the inmate’s FOIA request. The inmate filed a complaint under FOIA arguing that when the mayor received his letter it became a public record as defined by the FOIA and that there was no legal basis for denying his request for a copy of the letter. The City filed a motion to dismiss, which was granted by the circuit court. The
Continue Reading Mayor is Not a “Public Body” Under FOIA

As previously reported, new reporting requirements under the Corporate Transparency Act (“CTA”) went into effect in January 2024. These changes require certain corporate entities (including condominium and homeowner associations) to provide personal details of the individuals who exercise control over the company (i.e. members of the board of directors). In response to these new requirements, the National Small Business Association filed a lawsuit against the U.S. Treasury Department contending that these new reporting requirements are unconstitutional because they infringe on protected rights of state sovereignty, privacy and due process.

On March 1, 2024, U.S. District Judge Liles C. Burke
Continue Reading Update to the Illinois Corporate Transparency Act: Do Condos and HOAs Have to Comply?

The Unemployment Insurance Act (“Act”) requires all Illinois employers to file a report with the Illinois Department of Employment Security (“IDES”) containing certain information about “newly hired employees.” The definition of “newly hired employees” was amended by Public Act 103-0343, signed into law by Governor Pritzker on July 28, 2023.

Newly Hired Employees Defined

As of January 1, 2024, all Illinois employers must report both employees and independent contractors who (i) have not previously been employed by the employer or (ii) who were previously employed by the employer but have separated from that prior employment for at least 60 consecutive
Continue Reading New Reporting Requirements Under Unemployment Insurance Act

We are pleased to invite you to our upcoming virtual Tressler Talk:Tressler Talks: Important Nuances in HOA Collections, Foreclosures and BankruptciesTuesday, March 5, 20242:00pm-3:00pm CT WebinarJoin Tressler’s experienced attorneys for this complimentary Illinois HOA board and property management training. Get ready for some cringe-worthy true stories from our popular presenters! Attendees will come away with a deeper understanding of the complex relationships between Illinois law, the board’s fiduciary obligation and the community manager’s role in the legal process. 1.0 Hour of CAMICB Credit is currently pending. 

Register Now: cvent.me/xP7Xzq

View Event Website: cvent.me/EPqK98

Meet Our Speakers:

Kathryn FormellerPartner
Continue Reading Tressler Talks: Important Nuances in HOA Collections, Foreclosures and Bankruptcies

The Corporate Transparency Act (“CTA”) is a federal law that was initially enacted in 2021 to prevent fraud and money laundering. Effective January 1, 2024, there are new reporting requirements regarding ownership under the CTA for certain types of corporate entities (arguably including condominium and homeowner associations).

The CTA defines a “domestic reporting company” as “a corporation, limited liability company, and any other entity created by the filing of a document with a secretary of state or any similar office in the United States.”Although unclear, this definition appears to incorporate all condominium and homeowner associations incorporated with the State of
Continue Reading Illinois Corporate Transparency Act – Do Condos and HOAs Have to Comply?

This holiday season, Tressler’s HOA/Condo Law Practice Group attorneys Kathryn A. Formeller, Katerina Tsoukalas-Heitkemper and Matthew J. O’Malley share their favorite traditions, memories, food and recipes. Check them out below. We wish you a Happy Holidays and a wonderful New Year!

Kathryn A. Formeller – Partner

Favorite Holiday Recipe:

Thanksgiving Day: Whipped Sweet Potatoes and Bananas with Honey.

Favorite Holiday Tradition:

My family and I visit the reindeer at Chalet Nursery the day after Thanksgiving.

Favorite Holiday Movie:

Home Alone (the original).

Katerina Tsoukalas-Heitkemper – Partner

Favorite Holiday Tradition:

I am a HUGE nutcracker collector. I have been
Continue Reading Tressler’s HOA Law Holiday Highlight – Part I

In the recent case of Martin v. City of Chicago, 2023 IL App (1st) 221116 (November 15, 2023) 3d Div., Cook Co., the Appellate Court addressed the issue of public entity liability for injuries caused by defective sidewalks. The Plaintiff, Sarah Martin, alleged that she sustained injuries after falling into a hole in a sidewalk in Chicago. Martin filed a lawsuit against the city, alleging that the city was negligent in maintaining the sidewalk in a safe condition. The trial court considered the case as one of premises liability and instructed the jury to determine if the Plaintiff was
Continue Reading Do You Own a Sidewalk? Appellate Court Gives Public Entities Another Win in Sidewalk Defect Cases

A recent First District Illinois Appellate Court ruling in the case of Lara Stachler v. The Board of Education of the City of Chicago, 2023 IL App (1st) 221092, rejected the plaintiff-appellant’s assertion that the Illinois Human Rights Act entitles an employee to accommodations for pregnancy-related medical conditions even when the accommodation would preclude the employee from performing the essential functions of her job. The court further held that an employee must advise her employer when an employer-provided private room to breastfeed or express breastmilk is inadequate.

Upon return from maternity leave to her work as a speech-language pathologist with
Continue Reading Granting Request for Remote Work to Employee Due to Pregnancy-Related Conditions Not Required Where it Would Eliminate Key Function of Her Position