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.

The Second District Appellate Court recently affirmed a Winnebago County Court’s decision denying civil penalties against the State’s Attorney for failure to comply with plaintiff’s FOIA request. The Second District’s opinion in Williams v. Bruscato, 2021 IL App (2d) 190971 (July 21, 2021) further clarified when civil penalties can be imposed on public bodies that fail to comply with a FOIA request. The plaintiff, Marvin Williams, filed a complaint alleging that the State’s Attorney violated FOIA when it denied all three of his requests for grand jury records concerning criminal charges against him. The trial court agreed with the State’s…
Plaintiff fell in a pothole and was injured while crossing a service drive next to her home and so sued the City of Chicago. The City’s Tort Immunity Act motion for summary judgment was affirmed on appeal. Crespo-Fregoso v. City of Chicago, 2021 IL App (1st) 200972 (August 9, 2021). The Local Governmental and Governmental Employees Tort Immunity Act provides that “a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted to use…
Tressler attorneys are speaking at the Illinois Municipal League’s 108th Annual Conference on September 23-25, 2021 at the Hilton Chicago. Please click here to register. We look forward to seeing you there! When: September 23-25, 2021 Where: Hilton Chicago, 720 South Michigan Avenue, Chicago, IL 60605 Presentations: Navigating a Harassment/Discrimination Free Workplace Speakers: Darcy L. Proctor, Elizabeth F. Wagman and Kathleen M. Gibbons Date: Thursday, September 23th, Continental B&C, lobby level Time: 10:10am CST This session focuses on preventing, responding to and defending against harassment and discrimination claims that arise in the workplace. The interactive presentation will take audience…
After the tragic events that occurred in Surfside, Florida, it is important for Associations to understand the responsibility that they have in maintaining the structure of their condominium building. Cosmetic issues are often easy to spot, for example, a sagging ceiling, windows that stick or will not close completely and doors that jam or cannot be closed properly. When managers see these issues, they are often repaired right away. However, issues within the foundation of your building, such as cracks in the foundation are harder to spot. Cracks in the foundation can lead to framing issues, roof issues and even leaks.…
We are pleased to invite you to our upcoming virtual Tressler Talk: Reconsidering Student Discipline and the Role of Restorative Justice Practices Thursday, August 5, 20211:00-2:00pm CT Join us for this complimentary webinar to learn about the history of student discipline in the school setting, the current state of student discipline and expectations for the 2021-2022 school year, including the role of restorative practices.This presentation will combine the legal insight of Tressler education attorneys Elizabeth Wagman, Kathleen Gibbons and Darcy Proctor with the renowned restorative justice experience of Dr. Robert Spicer. Participants will come away from this engaging presentation understanding…
In the wake of the tragic collapse of the Champlain Towers in Surfside, Florida, last month, many Condominium Associations are questioning whether deferring maintenance on their property is still a safe option. According to media reports, the estimated cost to repair the Champlain South premises totaled $15 million. However, the condo had only $800,000 in reserves for such contingencies. Unit owners were faced with individual special assessments between $80,000 and $200,000 each. After facing owner pressure, the board refused to levy these assessments and further deferred essential maintenance, thus contributing to the resulting disaster. Responsible members of condo boards need…
In a decision last week entitled Landry’s, Inc. v. The Ins. Co. Of The State Of Pennsylvania, No. 19-20430, 2021 WL 3075937 (5th Circ., July 21, 2021), the Fifth Circuit Court of Appeals found coverage under a CGL Policy for a traditional data breach. More particularly, the Fifth Circuit held the insurer has a duty to defend Landry’s in the litigation that resulted from a breach incident involving credit card information. This case marks a departure from the general premise that there is no coverage to be found under CGL policies for liability resulting from “classic” data breach incidents. The…
Gov. JB Pritzker has announced a phase out of the statewide moratorium on evictions to begin August 1, 2021, and to end by August 31, 2021.  This announcement was made in conjunction with the state’s launch of a $1.5 billion rental relief program for Illinois. Repeated executive orders issued by the governor during the pandemic have banned virtually all evictions in Illinois since March 2020. However, the eventual end to the eviction moratorium is expected in a few short weeks and our offices anticipate a wave of issues for landlord/tenant clients. Given these changes, it is important to be cognizant of pandemic-related laws to…
In a decision earlier last week, in Mahanoy Area School District v. B.L., the U.S. Supreme Court ruled that a student cheerleader’s off-campus F-bombs about her school is protected speech under the First Amendment. The speech involved a series of F-bombs issued in 2017 on Snapchat by Brandi Levy, then a 14-year-old cheerleader, who failed to make the varsity cheer team at her Pennsylvania School. In response, Levy posted a photo of herself and a friend flipping the bird to the camera, along with a message that said, “F***the school, F***cheer, F***everything.” The posts were made on Levy’s personal cell…
It is expected that many Americans will be celebrating the Fourth of July, and quite frankly, we all deserve it after living through a global pandemic for nearly 16 months.  While Independence Day is synonymous with all things American (apple pie, baseball, the flag and beautiful fireworks displays), recreational use of these pyrotechnics can pose liability and hazards to both people and property. We recommend that community associations and condominium associations remind residents of the dangers, the law and ultimately adopt rules and regulations in an effort to keep residents and the Association’s property safe. As a general reminder, the…
We are pleased to invite you to our upcoming virtual Tressler Talk:Handling Disasters – Building Code Violations, Fires and Leaks Tuesday, June 22, 20211:00-2:00pm CT Join Tressler’s experienced attorneys for this complimentary webinar to learn about building code violations and how they impact your association clients; fires and the turmoil that unfolds if you don’t have a plan of action for this type of disaster; and best practices for the handling of leaks and water damage. Participants earn 1.0 Hour CAMICB Continuing Education Credit. Register Now: https://cvent.me/n9EY83 View Event Website: https://cvent.me/M8RZQ3 Meet Our Speakers Kathryn A. FormellerPartner at…
On June 11, 2021, the State of Illinois officially moved into Phase 5 of the Restore Illinois Plan. This means that all businesses, large-scale events, conventions, amusement parks, seated spectator events and more can resume operating at full capacity. Additionally, in accordance with the Centers for Disease Control and Prevention, there is no longer an outdoor mask requirement and the Department of Commerce and Economic Opportunity (DCEO) guidance that has been governing business operations throughout the pandemic is discontinued, allowing businesses to return to their normal business practices. Per the Illinois Department of Public Health (IDPH) Phase 5 Guidance for Businesses and
On May 20, 2021, the Illinois Supreme Court delivered its opinion in W. Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978[1] regarding whether the claims contained in a lawsuit alleging the violation of the Biometric Information Privacy Act (“BIPA”) were covered under a business owners’ liability policy. In the underlying lawsuit, Klaudia Sekura (“Sekura”)[2] filed a class-action suit against Krishna Schaumburg Tan, Inc. (“Krishna”), a tanning salon and franchisee of L.A. Tan for violating BIPA by requiring its customers, including Sekura, to scan their fingerprints without first getting their signed, written release to allow…
Click here to view the trailer on YouTube. Check out Kathryn Formeller on the Professionals’ new YouTube channel! She joins forces with other professional ladies to provide quick tips and helpful productivity tricks in a Life Hack series. Click here to view the Professionals’ YouTube channel. About Kathryn Formeller Kathryn is a partner and Co-Chair of the Condominium & Common Interest Community Association Law practice. Her practice includes representing condominium associations and common interest community associations in a variety of areas, including rule enforcement, interpretation of governing documents, review and negotiation of contracts, and collection of assessments. Kat also…
Before an election, some municipalities will supply a packet of information to prospective candidates indicating the number of signatures required by law to be placed on a ballot. However, can a prospective candidate rely on the number of required signatures provided by the municipality? The answer is… no! A controversy arose out of the Village of Glendale Heights where the Village Clerk distributed candidate packets with the wrong information in them.  The Clerk had reviewed the State Board of Elections Candidate’s Guide and apparently misinterpreted the filing requirements regarding the number of signatures for a petition. 10 ILCS 5/10-3 of the…
In Greer v. Board of Education of the City of Chicago, 2021 IL App (1st) 200429, the appellate court found that reviewing 28,000 pages of records responsive to a FOIA request was not unduly burdensome. On October 12, 2018, Tyrone Greer (“Greer”) submitted a FOIA request to the Board of Education of the City of Chicago (“Board”) seeking records related to racial discrimination claims he made between 1999 and 2005. There were approximately 28,000 pages of records responsive to Greer’s request that would need to be reviewed for potential exemptions. The Board asked Greer to narrow his request, but Greer…