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.

By: Matthew O’Malley

There are many pros to living in condominium associations, as they are often one of the more affordable options in urban environments and especially in many areas in the City of Chicago. Condos can provide a great sense of community and allow individuals to focus on just maintaining their unit without having to worry about some other maintenance issues such as roofs, masonry, snow removal, or landscaping.

With that said, purchasing a condo is a considerable investment and I am not just talking about an initial down payment or mortgage. Life within condo associations also has significant
Continue Reading Purchasing a Condominium Unit: Buyer Beware

By: John M. O’Driscoll

The Department of Justice (DOJ) published guidance on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements. https://beta.ada.gov/web-guidance/

The DOJ guidance discusses a wide variety of areas, such as the importance of web accessibility, barriers that some websites create, when the ADA requires web content to be accessible and other resources. The guidance also
Continue Reading New Web Accessibility Guidance Under the Americans with Disabilities Act

By: Rosa Tumialán

The debate concerning the applicability of general liability policies to claims arising out of violations of the Illinois Biometric Information Privacy Act (“BIPA”) has not gone all that well for insurers. The Illinois Supreme Court in West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978, held that a BIPA violation satisfies the publication criterion of the advertising injury coverage grant. The Krishna court then proceeded to hold that the Recording and Distribution exclusion did not apply in part because the version of the exclusion at issue, in that case, did not prohibit the “collection” of data—the specific
Continue Reading The Debate About GL Converge for BIPA Claims is Not Over — It is Just Starting

By: Sarah Elizabeth Melendez

Have you had a request for governing documents? Have you sold a condominium in the last few years? Are you currently living in one and plan to sell it in the foreseeable future? If you sold one, purchased one, or plan on selling one, and the unit is located in Illinois, you will have to deal with the Illinois Condominium Property Act, 765 ILCS 605 (“Act”), and specifically Section 22.1 of the Act. Under Section 22.1, sellers of a condominium unit are required to make available to prospective purchasers nine categories of documents and information specifically
Continue Reading Governing Document Production and You: New Caselaw Regarding Excessive Charges to Sellers

By: Courtney Willits

The Illinois Appellate Court recently heard a case, Calloway v. Chicago Police Department, 2022 IL App (1st) 210090, involving the Freedom of Information Act (FOIA) and whether the privacy provisions extend to deceased minors. In this case, Plaintiff brought suit against the Chicago Police Department seeking disclosure of records related to an officer-involved fatal shooting of a minor. The circuit court held that the confidentiality provisions that apply to law enforcement records of minors contained in the Juvenile Court Act of 1987 (the “JCA”) did not apply to deceased minors. The Chicago Police Department appealed.

Section
Continue Reading Appellate Court Ensures Privacy Protection Under The Juvenile Court Act From A FOIA Request Regarding A Deceased Minor

By Joseph Silverstein

Evicting a tenant in Illinois requires a detailed legal process. Therefore, it is important for landlords to be patient and wait for the court to enter a formal eviction order providing possession of the unit versus taking voluntary possession.  Indeed, there are consequences that landlords can face if they take matters into their own hands and attempt to remove their tenant before the formal eviction proceedings have concluded. Further, landlords with units located in the City of Chicago must be aware that Chicago has its own unique laws with regard to eviction.

Section 5-12-060 of the Chicago Municipal
Continue Reading Legal Update: Chicago Tenants Now Have Five Years to File a Lawsuit Against Landlords Who Unlawfully Enter into Their Unit to Take Possession

By: Darcy L. Proctor

Recently, in Christopher See v. Illinois Gaming Board, 2022 WL 831601, the Seventh Circuit Court of Appeals tossed out a federal lawsuit alleging First Amendment retaliation under 42 U.S.C. §1983 and discrimination in violation of the Americans with Disabilities Act (“ADA”). Plaintiff Christopher See is a law-enforcement officer for the Illinois Gaming Board, a state agency tasked with regulating gambling in Illinois. In his capacity as a union representative, the Plaintiff began voicing concern over the Board’s promotion policies, claiming that State Police employees were given unfair advantages over Gaming Board employees.

After expressing concerns to
Continue Reading Fitness-For-Duty Exam For Public-Safety Employee Upheld By Federal Court

On March 8, 2022, the Northern District of Illinois issued an opinion in State Auto. Mut. Insur. Co. v. Tony’s Finer Foods Enter., Inc., et al., 20-CV-6199, 2022 WL 683688 (N.D. Ill. Mar. 8, 2022) again addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq. The Northern District of Illinois previously addressed similar issues but rendered differing opinions in Am. Family Mut. Ins. Co., S.I. v. Caremel, Inc., 20 C 637, 2020 WL 8093501 (N.D. Ill. Jan. 7, 2022) and
Continue Reading Split Emerging Within Northern District of Illinois Concerning Application of ERP Exclusion in BIPA Lawsuits

By: Jim Hess

Last week, the appellate court affirmed the dismissal of a wrongful death lawsuit that was filed against the Chicago Transit Authority (CTA) continuing a history of decisions with respect to moving trains presenting an “open and obvious danger.”

In Pryor v. Chicago Transit Authority, 2022 IL App (1st) 200895, a plaintiff alleged that a train operator “negligently and willfully and wantonly operated the train” that struck and killed her son when he walked from the platform onto the tracks as the train was approaching. The lawsuit also claimed that the driver failed to reduce the speed
Continue Reading Appellate Court Upholds Application of “Open and Obvious” Danger With Dismissal of Wrongful Death Lawsuit Against the CTA

On March 1, 2022, the Northern District of Illinois issued an opinion in Citizens Insur. Co of Am., & Hanover Insur. Co. v. Thermoflex Waukegan, LLC, 20-CV-05980, 2022 WL 602534 (N.D. Ill. Mar. 1, 2022) addressing whether insurance coverage existed for an employer with respect to its employee’s claims of violations of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq.

In Thermoflex, an employee filed a class-action lawsuit against its employer in Illinois state court, alleging that his employer collected its employees’ handprint data in violation of BIPA. The employer collected the handprint data for purposes
Continue Reading Northern District Injects Confusion as to Whether Insurers Can Rely on the Employment-Related Practices Exclusion to Preclude Coverage for an Employee BIPA Suit

By: Matthew O’Malley

The last 24 months have been unprecedented. Every industry and individual has been impacted by the COVID-19 pandemic. It is helpful to reflect on some of the lessons we can learn from this pandemic, and I have gained the following insight through my representation of condominiums and community associations in the Chicago-land area.

First and foremost, be reasonable. If you are serving on a Board or a unit owner, always try to work things out before anything escalates. Condos and HOAs are communities after all, and many times those who are in dispute are neighbors and have
Continue Reading Two Years In: What Condominiums and Community Associations Can Learn from the COVID-19 Pandemic

By: Courtney Willits

The Illinois Attorney General’s Public Access Counselor (PAC) recently issued PAC Opinion 22-003 where they found a City Council in violation of the Open Meetings Act (OMA) for its remote meeting practices. An individual filed a request for review with the PAC claiming that the Sumner City Council provided inadequate notice when they held a remote meeting in January 2022. She claimed that the City posted an agenda of the meeting at City Hall, which stated it would be held via Zoom, but it did not include the access link or information on how to attend the
Continue Reading Better Take Note…Proper Notice is Required for Hybrid Meetings

In McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, the Illinois Supreme Court issued an opinion finding the exclusive remedy provisions of the Illinois Workers’ Compensation Act (“Compensation Act”) 820 ILCS 305/1 et seq. does not bar an employee’s claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq.

An employee filed a class-action lawsuit against her employer for violating BIPA. Her employer required its employees to use a biometric timekeeping system in order to scan an employee’s fingerprint for purposes of authenticating an employee and tracking their time at work. The
Continue Reading The Illinois Workers’ Compensation Act Does Not Bar An Employee’s Claim Under BIPA

By: Samantha Rothman

In West Bend Mutual Insurance Company
v. Community United School District 300,
2021 IL App (2d) 210108, the insurer sought a declaration
that it had no duty to defend an additional insured, a school district, in
connection with several lawsuits filed on behalf of minors. The minors were
allegedly sexually molested and/or abused during after-school programs run by
the named insured, a Boys and Girls Club, which had rented the district
premises. Among other things, the insurer sought a declaration that it owed no
duty to defend the district because it was not provided notice of the
Continue Reading Illinois Court Finds Notice Requirement Not Applicable to Additional Insured

It’s 2022 and the PAC is back! In its first opinion in 2022, in a binding opinion, the PAC ruled in favor of a public body in a FOIA appeal involving the attorney-client privilege exception of FOIA.

On October 4, 2021, a journalist, submitted a FOIA request to the State’s Attorney’s Office seeking copies of any and all reports the State’s Attorney gave to Kane County Board members regarding alleged actions to fund an educational degree using County funds. On October 8, 2021, the State’s Attorney’s Office denied the request pursuant to section 7(1)(m) of FOIA. In the denial letter, the
Continue Reading Attorney-Client Privilege As FOIA Exemption

By: Joseph Silverstein

In 2021, the Illinois General Assembly did not make any amendments to the Illinois Common Interest Community Association Act and only made one significant change to the Illinois Condominium Property Act (the “Act”).  Effective January 1, 2022, Section 18(a)(1) of the Act was amended to allow an association’s declaration or amendment to an association’s declaration to require a majority of members of the board of directors to be made up of unit owners who occupy their units as their primary residence. Specifically, Section 18(a)(1) of the Act, as amended, provides as follows:

(a)(1) The election from among
Continue Reading 2022 Legislative Updates