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.

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

Tressler is proud to welcome Michael Vargas as an associate in the Government Practice Group in our Chicago office. Michael concentrates his practice on the representation of Illinois municipalities, park districts, school districts and other units of local government in transactional matters. He has experience representing school districts in day-to-day employment and student-related matters including employee investigations, negotiating with various unions, drafting and negotiating procurement contracts, student discipline and teacher discipline.

In addition, Michael has counseled clients regarding the Open Meetings Act, Freedom of Information Act, Illinois School Student Records Act and new legislation.

“I am very excited to join Tressler
Continue Reading Michael Vargas Joins Tressler’s Government Practice Group

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

Local Government May Take Property Without Compensation if the Taking is Necessary to Protect Public Health and Safety

A recent Seventh Circuit decision re-affirmed precedent that, so long as the proper procedures are followed, local governments may take private property so long as the taking is necessary to protect public health and safety. In the recent case of Willow Way, LLC v. Village of Lyons, Illinois, No. 22-1775, the Court considered a dispute over the Village’s demolition of a dilapidated house on property owned by Willow Way, LLC. Willow Way argued that the demolition was a taking without compensation
Continue Reading A Case of Nuisance Abatement and Substantive Due Process

In Lehhy, et al. v City of Carbondale, 2023 IL APP  220542 the Plaintiff alleged that the City’s administrative fees were unconstitutional and that the City was reimbursed twice for the costs through administrative/ordinance fees and the Illinois Criminal and Traffic Assessment Act (Act).

The ordinance at issue addresses the towing and impounding of vehicles involved in a crime and provides two levels of administration fees. The City Code makes Level One a fee of $400 and Level Two a fee of $200. The complaint alleged that the City’s ordinance setting forth administrative fees had no reasonable relationship to
Continue Reading Municipal Towing and Administrative Fees Found to be Constitutional

We are pleased to invite you to our upcoming virtual Tressler Talk:HOA Board Basics – Annual Board Elections and Budget MeetingsThursday, October 5, 20232:00pm-3:00pm CT WebinarJoin Tressler’s experienced attorneys for this complimentary HOA board and property management training. This popular webinar is open to all, and attendees will come away with a deeper understanding of the annual board elections and budget meetings process. As always, our presenters will share engaging true stories to keep things fun (because “fun” is the first thing that comes to mind when thinking of HOAs and property management…right?) We’ve seen it all, and we’re here
Continue Reading Tressler Talks: HOA Board Basics – Annual Board Elections And Budget Meetings

We are excited to announce that Tressler attorney Andrew Paine will be competing as a member of the U.S. National Amputee Soccer Team at the 2023 Amp Football Cup. The team will square off against Poland, England, Japan and Costa Rica in Warsaw, Poland on September 16-17, 2023.“As some of you know, in March of 2022 I was in a snowmobile accident that resulted in significant injuries, including the amputation of my right leg just above the knee,” said Andrew Paine. “Now, a little more than a year later, I am honored and humbled to represent the United States as
Continue Reading Attorney Andrew S. Paine to Compete at the 2023 Amputee Football Cup in Poland

The Public Access Counselor (“PAC”) recently provided clarification of a difficult issue: the release of records involving juveniles. The PAC issued a binding opinion where it found that a Village did not violate the requirements of the Freedom of Information Act (“FOIA”) by withholding police reports involving both an adult arrestee and a minor arrestee in response to a FOIA request. 2023 PAC 76670. The Village cited the Juvenile Court Act of 1987 (“JCA”) when it denied certain records and withheld the reports in their entirety. The JCA protects the confidentiality of juvenile law enforcement and municipal ordinance violation
Continue Reading Recent PAC Decision Upholds Denial of Disclosure of Juvenile Police Reports

In Bitsky v. City of Chicago, et al., 2023 IL App (1st) 220266, the court reaffirmed its adherence to prior Illinois precedent which allows a contractor to avoid liability for a premises claim where it carefully follows specifications set by the state. In Bitsky, the plaintiff brought claims sounding in premises liability against the City of Chicago (the “City”), a general contractor and multiple subcontractors following a slip and fall on an alleged defective public sidewalk. The City and the general contractor both settled, but the subcontractors all moved for summary judgment on the grounds that they (i) carefully
Continue Reading Contractor’s Reliance on City’s Design Specifications Defeats a Premises Liability Claim

On June 15, 2023, in Michelle Giese v. City of Kankakee, the Seventh Circuit Court of Appeals ruled in favor of the City of Kankakee in a federal civil rights lawsuit. Plaintiff, Michelle Giese, a lieutenant in the fire department, alleged she was attacked by another firefighter while responding to a fire at a senior living facility. The City suspended the other firefighter for twenty-four hours without pay, ordered him to complete an anger management course and directed him to avoid working the same shift as Plaintiff for three months. Plaintiff alleged she experienced ongoing physical and mental injuries from
Continue Reading Firefighter’s Monell and Title VII Retaliation Claims Against City Tossed Out of Court

Every year more people are purchasing units in condominium associations. If it is your first home, an investment property, or a downsize, purchasing a unit in an association has many benefits. For example, the association will maintain the common elements and you may have access to many amenities. However, when buying a unit, one thing that owners often overlook is purchasing additional insurance for their unit.

Almost every Declaration in the state of Illinois requires homeowners to take out some form of insurance policy for the interior of their units. These insurance policies do not cover displacement, lost rent, or
Continue Reading Are You Adequately Insured Against Catastrophic Damage?

On June 9, 2023, Governor Pritzker signed Senate Bill 40 into law. This new law states that beginning on January 1, 2024, if a single-family home or multi-unit residential building constructs a new parking lot, every parking space must be equipped to install an electric vehicle charger. Further, there must be at least one parking space that has an electric vehicle charger. This new law does not apply if a developer needs to excavate an existing surface lot or another parking facility to retrofit the parking lot with the necessary conduit and wiring. This means that if an Association decides
Continue Reading New Law: Mandate for Installation of Electric Vehicle Chargers in Common Area Parking Lots 

On May 15, 2023, the U.S. Department of Education (“Department of Education”) released updated guidance on constitutionally protected school prayer and religious expression in the public school setting. This guidance was issued after the recent U.S. Supreme Court decision, which upheld a high school football coach’s right to pray after football games. Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022). The guidance is intended to “provide information on the current state of the law concerning constitutionally protected prayer and religious expression in public schools.”

To assist schools in applying the ruling in this recent Supreme Court decision,
Continue Reading Updated Guidance from the Department of Education on Prayer and Religious Expression