Back-to-school driving cautionary tips from a lawyer’s perspective
8/28/23
With Fulton and DeKalb County schools beginning classes August 7, 2023, all major Atlanta Metro school districts are back in session for the 2023-24 school year. While we are glad that our students are back in …
A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the Civil Rights Act …
8/23/23
Last month, the Seventh Circuit joined the Eleventh Circuit by deciding that state law-based negligence claims are preempted by the Federal Aviation Administration Authorization Act (“FAAAA”). In 1994, Congress sought to deregulate the trucking industry upon …
Eleventh Circuit holds one text message sufficient to establish standing in robocall case
8/21/23
By: Matthew N. Foree
Article III of the Constitution limits federal-court jurisdiction to actual cases or controversies. Generally, for there to be a case or controversy capable of resolution, the plaintiff must have a personal stake in the case, or …
COVID-19 immunity for health care facilities upheld in Illinois
8/18/23
By: Kevin M. Ringel
In a victory for health care providers in Illinois, a state appellate court held yesterday that Governor Pritzker’s executive order issued in the early days of the COVID-19 pandemic grants immunity for ordinary negligence claims to …
ABA passes hotly debated amendments to Model Rule 1.16
8/16/23
By: Patrick J. Cosgrove and Yinan Ma
The ABA House of Delegates approved amendments to ABA Model Rule of Professional Conduct 1.16, Declining or Terminating Representation, and Comments [1], and [2]. According to the Report to the House of Delegates …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …
Punitive damages are now permitted to be sought in Illinois wrongful death and survival actions
8/14/23
By: Jonathan Schwartz, Kingshuk K. Roy, and Donald Patrick Eckler
On August 11, 2023, Governor Pritzker signed HB 219, which amended 740 ILCS 180/1, 740 ILCS 180/2, and 755 ILCS 5/27-6, to allow punitive damages to be recoverable …
8/10/23
By: Kevin G. Kenneally and David M. Harding
The EPA is currently seeking public comment on a proposed rule to expand the hazardous substances designation to certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 by the Second …
Court of Appeals of Georgia Affirms No Continuous Representation Rule in Georgia
8/7/23
By: Marissa A. Dunn and Jessica C. Samford
As the famous line from Spiderman goes, “with great power comes great responsibility.” Lawyers are familiar with this notion when representing clients and should take great care to clearly define the scope …
Illinois Appellate Court Says Broker Owes No Duty to Additional Insured
8/1/23
In a case of first impression, the Illinois Appellate Court, First District has ruled on a motion to dismiss that 1) an insurance broker does not owe a duty to an additional insured in the claims …