When it comes to nursing home abuse, families often struggle with two competing emotions. On one hand, there is a desire to see justice and hold wrongdoers accountable. On the other hand, there are the practical elements of a legal action that must be considered when attempting to negotiate a fair and reasonable financial settlement. Unlike a typical car accident or slip and fall injury, emotions can run wild, making it very difficult for grieving loved ones to accurately make financial decisions. So, how do you actually determine the reasonable and fair value of a nursing home injury case? Experienced…
“Change,” Ben Chun (CC BY-SA 2.0) by Jim Doppke As I prepare to attend the #MAKELAWBETTER conference tomorrow, I reflect on the all the talk of innovation in law – talk we sorely need. The ethics and professional responsibility realm should be, and often is, at the forefront of the discussion. As we ponder changes in methods, we should also ponder changes in norms and standards. The Illinois ethical landscape should change with the changing times, too. We have the fifth-largest active attorney population in the United States, and as Prof. Daniel B. Rodriguez pointed out at…
In a surprisingly cutting-edge move, the State of Illinois has enacted the Artificial Intelligence Video Interview Act.  Public Act 101-260 becomes effective January 1, 2020. An employer seeking to record video interviews and use artificial intelligence to analyze job applicant videos must, before the interview, 1) notify each applicant that artificial intelligence may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position; and 2) provide the applicant with information of how the artificial intelligence works and what characteristics it uses to evaluate applicants; and 3) obtain consent from the applicant to so evaluated.…
To take Stone on face value, their claim is in earnest that: “If MillerCoors succeeds in supplanting Stone’s craft beers with Keystone as “STONE” in the minds of consumers, Stone’s brand and trademark will be destroyed.” But for MillerCoors part, the pragmatic narrative they’re attempting to lodged against Stone doesn’t pull any punches: “Stone Brewing is failing keep pace [sic] in an ever more crowded craft beer segment and needed to revitalize its now-outdated image as an iconoclast. Stone Brewing’s market is increasingly populated by beers that are rated in official beer tastings as simply better than Stone Brewings’ “strong…
UPDATE: The Third Circuit recently affirmed the United States District Court for the Eastern District of Pennsylvania in Transportation Ins. Co v. Heathland Hosp. Group LLC, — Fed. Appx. —-, 2019 WL 3383876, at *1 (3d Cir. July 26, 2019), a case which we wrote about last year.  Transportation arose out of a car accident in which the plaintiff’s husband was fatally injured when he was struck by a driver who allegedly became intoxicated at a country club whose drink sales were allegedly managed by the insured. The dispositive issue was whether coverage was barred by liquor liability exclusion,…
A manufacturer of yachts was sued by a disgruntled buyer for breach of contract after the yacht he ordered was not usable in waters in the European Union as he originally specified. The buyer lost in court, however, because he argued that the yacht was a total loss, and the company presented evidence that the conversion to allow the yacht to operate in Europe would cost less than $2,000, and that it had repaired other small defects for free. Porter, Inc. is an Indiana company that manufactures boats under the Formula and Thunderbird trade names. In September 2012, Erich Schwaiger…
Synopsis: The Six Ways to Close an Illinois (and many State and Federal) Workers’ Compensation Claims.   Editor’s comment: We keep having clients ask so we wanted to provide our expert legal guidance on this important topic for all sides of the matrix. When the defense team at KCB&A speak at local, regional and national conferences, we are routinely advised the cool thing about IL WC is a claims handler or risk manager can actually “close” files if you do things correctly. In our neighboring states, many systems don’t allow for “complete” closure and little annoying things can happen to…
NJ Establishes Permanent Hemp Program, Friendlier Environment for CBD Than NY and PA On August 9, 2019, New Jersey Governor Phil Murphy signed A5322 into law, making the Garden State the latest to establish a permanent program for the cultivation, handling, processing, transport, and sale of hemp and hemp-derived products. A5322 is immediately effective and it repeals New Jersey’s prior Industrial Hemp Pilot Program, which went into effect in 2018. Consistent with the Agriculture Improvement Act of 2018 (the 2018 Farm Bill, which we discussed previously), A5322 specifies that hemp, hemp-derived cannabinoids, and hemp products, including hemp-derived cannabidiol (CBD),…
Eileen Letts is a Chicago-based equity partner at Zuber, Lawler & Del Duca LLP where she specializes in personal injury law. What drew you to personal injury law? I started practicing personal injury defense work when I was with the City of Chicago. I enjoyed it and have continued to practice in the area ever since. How has your practice evolved over the last few years? [I] have been involved in more mediations/arbitrations to resolve cases before trial. From your perspective, how can lawyers adapt to the changing legal profession? We have to adapt to the practice now being 24/7.…
After a divorce is made final, and sometimes even before that, an Illinois family court will enter an order regarding the allocation of parental responsibilities. This order controls how parental responsibilities are shared between the divorcing couple. One of these responsibilities is time shared with a child. Determining Parenting Time If a divorcing couple has not agreed on a parenting schedule, the court will determine how and when visitation will take place in the best interest of the child. The court will do so relying on expert opinions and considering several factors, including the following: Each parent’s wishes; Wishes…
Each year, Illinois law schools welcome hundreds of new students to the legal profession. The Commission on Professionalism is privileged to once again facilitate a professionalism orientation for incoming students at each of Illinois’s nine law schools. The professionalism orientation is designed to introduce first-year law students to the core concepts of attorney professionalism. The orientations are held in conjunction with broader law school orientation activities. 2019 marks the 13th year that the Commission has led the program. At each orientation, judges and justices from across Illinois deliver remarks reflecting on the importance of civility and professionalism in the law.…
Aug 13, 2019 | Blog | Chronic pain is a frustrating and widely misunderstood condition that disables roughly 100 million Americans. A variety of circumstances can cause it — including trauma, surgery, cancer, and nerve damage. Unfortunately, this pain can persist even after the underlying condition resolves. If you’re struggling with chronic pain, you may be eligible for long-term disability benefits — but don’t be surprised if the insurance company puts up a fight and denies your claim. In this article, the disability insurance lawyers at Bryant Legal Group explain the essentials of a chronic pain syndrome claim. What…
The recent reports that Ohio’s Platform Beer Co. has sold/partnererd with AB InBev aren’t the only reason the beer company has been in the news. They’ve got an ongoing trademark dispute with Bottle Logic. Bottle Logic is opposing Platforms attempt to register these two lightbulb marks: Based on Bottle Logic’s prior registration of these two lightbulb marks: Recently the Trademark Trial and Appeal Board told the craft brewers that they’re going to need to get ready for a trial by denying their motions for summary judgment. (link to opinion) Bottle Logic opposes Platform Beer’s attempt to register…
  Tuesday, August 13, 2019     The Illinois Governor just signed legislation making it easier for municipal officials to complete the required Open Meetings Act training. Under current law, all elected and appointed members of public bodies in the state of Illinois must complete the electronic OMA training offered by the Illinois Attorney General within 90 days of taking office. Previous amendments to the OMA authorized  officials in park districts, school districts, drainage districts and others to satisfy the training requirement through alternative programs. Pursuant to P.A. 101-814, an elected or appointed official on a public body of a…
On August 6, 2019, Acting Governor Sheila Oliver signed a bill (S-1790) imposing tougher penalties for “wage theft.” The law significantly increases penalties for employers, including potential imprisonment for employers who run afoul of its provisions, and provides added protections for employee retaliation claims. The law imposes a new joint and several liability provision for client-employers and labor contractors, specifically, it declares any waiver of joint and several liability as “void and unenforceable.”  Employers need to understand the implications of the new law and ensure compliance with the State Wage and Hour Laws.     Increased Fines and Penalties: The new…
Legal Marijuana Shouldn’t Mean Dazed and Confused Workers! Starting on January 1 consumers will be able to buy marijuana for recreational use from licensed sellers.   Pot users will no longer need to worry about fines or jail time – but employees will need to pay attention to their employers’ policies about drug screenings and the use of cannabis at work. Employers should consider how they want to handle the legalization of cannabis in terms of workplace policies, written guidelines and staff training on the many issues that employers will be facing.  Employers should take the time to review Section 10-50