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 Illinois Supreme Court issued a much-anticipated opinion in Tims v. Black Horse Carriers, Inc., 2023 IL 127801 on February 2, 2023. Tims settles — once and for all — the burning question of which statute of limitations applies to claims advanced under the Illinois Biometric Information Privacy Act (“BIPA”). Under the appellate opinion, Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, BIPA litigants were arguably subject to two putative class periods depending on which BIPA violations were alleged.  But that is now over. All BIPA claims are subject to a five-year statute of limitations. Period. End of Story. Except in
Continue Reading The Statute of Limitations Debate is Over But That’s Not All Tims Does

We are pleased to invite you to our upcoming virtual Tressler Talk:What the Fed? Understanding Financials in HOA LawThursday, February 16, 20231:00-2:00pm CT WebinarJoin us for this complimentary webinar to learn about association financials, recent changes in the law and the impact on the condominium and common-interest community association industry. Tressler’s experienced Illinois HOA and Condo Law attorneys will be joined by local CIBC banking professionals for this special presentation.

One hour of CAMICB Continuing Education Credit is currently pending. All are welcome. We hope to see you then!

Register Now: https://cvent.me/MzbkqQ

View Event Website: https://cvent.me/80MmnR

Meet Our Speakers:
Continue Reading Tressler Talks: What the Fed? Understanding Financials in HOA Law

As Election Day creeps closer and candidate signs litter the landscape, a brief reminder regarding legal restrictions on political signage is appropriate:

Electioneering outside the 100-foot campaign-free zone is permitted

“Electioneering” is conduct that urges a vote for or against a party, candidate, or issue or engaging in political discussion within 100 feet of a polling place. 10 ILCS 5/7-41(c), 5/17-29.  Electioneering may take the form of either verbal communication or non-verbal communication – displaying signs, wearing campaign buttons, or distributing campaign literature.

Sections 7-41 and 17-29 identify that the 100-foot zone runs from each entrance to the voting room itself,
Continue Reading Election Season, Electioneering and Campaign Sign Reminders

Tressler attorneys have been selected to speak at the 2023 IAPD/IPRA Soaring to New Heights Conference. Join John O’DriscollAndrew PaineDarcy ProctorElizabeth WagmanKathleen GibbonsJames HessMarlene Fuentes, Drew O’Donnell and Courtney Willits at the Hyatt Regency Chicago on January 26-28, 2023. Please click here to register. We hope to see you there!

When: January 26-28, 2023

Where: Hyatt Regency Chicago, 151 East Wacker Dr., Chicago, IL, 60601

Conference Website: http://www.ilparksconference.com/

Presentations:

Public Meeting Best Practices: Dealing with Engaged, Passionate, and Sometimes Unruly Members of the Public

  • Session: 130
  • Date: 1/27/23
  • Time:


Continue Reading 2023 IAPD/IPRA Soaring to New Heights Conference

By Zachary Greening

In First Mercury Insurance Co. v. First Florida Building Corporation, 20-cv-1929 (M.D. Fla Jan. 3, 2023), the court rejected an insurer’s bid to have evidence considered outside the underlying complaint concerning the claimant’s employment status to determine the duty to defend. This underlying suit involves a personal injury claim where the claimant sustained severe injuries while working at a construction site. The insurer claimed there was no duty to defend or indemnify the insured because the underlying plaintiff was an employee of the insured, meaning the employer liability and workers’ compensation exclusions should apply. After filing a declaratory
Continue Reading Florida Court Upholds Eight-Corners Rule, Rejecting Exception: Extrinsic Evidence Must Resolve Duty to Defend and Be Undisputed

In 2017, the Illinois General Assembly passed Public Act 100-0200 to update the Illinois Smoke Detector Act. Public Act 100-0200 requires all Illinois single and multi-family homes to have a smoke alarm with a sealed 10-year battery by January 1, 2023. The legislator provided several exceptions to this law—please review to see if your community is exempt. First, any building built after 1988 is not required to have 10-year sealed batteries installed. Second, any dwelling with a wireless integrated alarm system that uses low-power radio frequency communications does not need to install a 10-year sealed battery. Finally, any dwelling with
Continue Reading Sound the Alarm: New Illinois Law Requires 10-Year Battery Smoke Alarms to Be Installed in Homes

Happy New Year from our families to yours! It has been a great year and we are proud to have wonderful clients, attorneys, staff and colleagues. We are honored that you have put your trust in our team and are thrilled by the excellent results we’ve achieved for our clients this year!

Tressler values the importance of having a healthy work-life balance and spending time with friends and family, especially during the holidays. To end 2022, the HOA/Condo Law Practice Group celebrated the holiday season with a painting class with our families. Check out the fun pictures below!

Cheers to
Continue Reading Happy New Year from Tressler’s HOA/Condo Law Practice Group!

On August 9, 2019, Governor J.B. Pritzker signed Public Act 101-0221, also known as the Workplace Transparency Act, creating new protections for employees and contractors and rules for employers regarding sexual harassment. Most public entities are aware that the Act requires all employers in Illinois to provide annual sexual harassment prevention training to all employees. However, a reminder is necessary that it also requires that public entities report all adverse judgments and administrative rulings against it from the preceding calendar year to the Illinois Department of Human Rights.

Adverse judgments and administrative rulings are any final and non-appealable judgments issued
Continue Reading Workplace Transparency Act Reporting Mandate for Illinois Employers

During the winter months, the rate and risk of residential fires increases. Your condo or HOA is not immune to this. The increase is often attributed to additional electricity use, holiday décor, Christmas trees and the increased use of electric space heaters. Residents and owners need to be sure that they are using common sense when they are lighting that fire or favorite holiday-scented candle and practice other fire prevention practices. However, we are also seeing a national increase of electronic batteries in everyday use, including vehicles. The proliferation of EVs (“electric vehicles”) is only complicating matters and leading to even more of an influx
Continue Reading ‘Tis the Season…for Fire Prevention

In Moran v. Calumet City, 2022 WL 17173891, (7th Cir. 2022), the court provided further insight as to whether fabricated evidence influenced a jury’s guilty verdict. There, a jury convicted Moran of attempted murder with a firearm but was later acquitted when exculpatory evidence, including a ballistics report linking the firearm to a different shooter, had not been turned over to the defense before trial. Moran filed suit seeking redress for a decade spent behind bars alleging that two detectives fabricated a police report and gave false testimony during his trial that led to his criminal conviction.

Under Seventh Circuit
Continue Reading What’s Material in a Fabrication of Evidence Claim?

As the new year approaches, it is important for association boards and community association professionals to be cognizant of new laws that may impact the industry. For 2023, there are a few updates, mainly to Section 22.1 of the Illinois Condominium Property Act. This change to Section 22.1 was made in response to prior litigation against associations and their managing agents for requiring owners to pay a fee for a resale disclosure when selling their unit/lot.

The first update is to Section 22.1 of the Illinois Condominium Property Act. The amendment now requires Boards to comply with a written request
Continue Reading 2023 Illinois HOA/Condo Legislative Updates

In Ziccarelli v. Dart, 35 F. 4th 1079 (7th Cir. 2022), the Court of Appeals held that employers may violate the Family and Medical Leave Act (“FMLA”) by simply discouraging employees from exercising their rights under the FMLA without actually denying a leave request. On October 12, 2022, the U.S. Supreme Court declined to review the decision leaving the 7th Circuit ruling intact.

The Ziccarelli case involved FMLA claims brought by a corrections officer who had developed several serious health conditions over his long career with the Cook County Sheriff’s Office. Due to these conditions, the employee had taken intermittent
Continue Reading Denial of FMLA Benefits is Not Required to Prove FMLA Interference Claim

I am not sure where this year went, but we have already experienced the first frost in the Chicagoland area. Like it or not, winter is right around the corner! This article should serve as a reminder that if you have not started your winter preparations, do so now.

Boards of HOAs and condos, as well as partners in property management, can recognize that the coming months in Illinois lead to weather conditions that increase the rate of slip-and-fall accidents. Inadequate or improper snow removal can be one of the contributing factors. The following tips regarding property management when it comes to
Continue Reading The More You Know Before the First Snow: Condo and HOA Winter Preparation

A recent ruling of the Illinois First District Appellate Court affirmed the Melrose Park Board of Fire and Police Commissioners’ decision to fire a Melrose Park Police Officer following a string of alleged misconduct.

In Scatchell v. Board of Fire & Police Commissioners for the Village of Melrose Park et al, (2022 Ill App (1st) 201361 a (now former) Melrose Park police officer, John Scatchell, brought a suit contesting his firing. In late 2017, Scatchell took paid leave to recover from an injury he suffered while on duty. During his leave, the police department learned that Scatchell was allegedly out
Continue Reading Appellate Court Upholds Firing of Police Officer Following Issuance of Garrity Warning

Transgender legal issues can be tricky for local government bodies. The Seventh Circuit Court of Appeals recently ruled for a Muslim inmate who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard. West v. Radtke, 20-1570 (Sept 16, 2022).

Rufus West, an inmate at the Green Bay Correctional Institution asserted that strip searches by prison guards who were female at birth conflict with his religious faith, which bars him from exposing his body to a woman other than his wife. West sued after a prison guard, who is a transgender man, participated in a
Continue Reading Strip Search By Transgender Guard Violated Inmate’s Religious Rights

In June, Governor Pritzker signed The Decennial Committees on Local Government Efficiency Act into law (Public Act 102-1088). This new law applies to any unit of local government that levies taxes, with the specific exception of municipalities and counties. This broad sweeping law requires units of government to form a specialized committee by June 2023 for the purpose of studying the efficiencies of local government. These committees must meet at least three times, comply with the Open Meetings Act and requires an opportunity for public feedback at the conclusion of each meeting. The scope and breadth of their
Continue Reading New Law to Promote Local Government Efficiency