Author: Rock Fusco Connelly LLC
Pharmaceutical Representatives Must Be Licensed In Chicago
The Chicago City Council recently imposed a number of licensure and marketing requirements on pharmaceutical representatives in Chicago. Beginning on July 1, 2017, individuals who conduct business in the City of Chicago as a pharmaceutical representative for 15 or more days per year must obtain a license, which includes completing an educational course to be
Reasonable Accommodations Do Not Need to Satisfy Everyone
Employers do not need to provide every accommodation requested by an employee to be in compliance with the Americans with Disabilities Act (“ADA”). The Northern District of Illinois recently reaffirmed this principle in the case of Alanis v. Metra, 12-cv-7508. In this case, Alanis, a 10 year veteran at Metra, began suffering from a variety
First Appellate Court Clarifies the Implied Warranty of Habitability
On February 17, 2017, the First District Appellate Court issued a new decision which confirmed and clarified Illinois law regarding the implied warranty of habitability. The decision, Sienna Court Condominium Ass’n v. Champion Aluminum Corp., 2017 IL App (1st) 143364, came as a result of three consolidated appeals. The Decision confirmed and clarified three aspects
Illinois’s Freedom to Work Act
In Illinois, non-compete clauses are routinely under some form of attack as employees, employers, legislators, and the judiciary try to balance the freedom of contract against individual workers’ freedoms. Employers typically see non-compete clauses as a way to protect their intellectual properties, trade secrets, and client/customer contacts. Employees often see such clauses as a barrier
New Northern District of Illinois Ruling May Increase Awards in Debt Collection Cases
Section 1692k of the Fair Debt Collection Practices Act (the “FDCPA”) allows for an award of damages in successful class actions against debt collectors found to have violated the FDCPA above and beyond the customary individual and statutory damages awards for such violations. Under this section, the additional damage awards are not to exceed the
Engineering Services Are Lienable Improvements Even in the Predevelopment Phase
The Illinois Supreme Court recently reversed a 3rd District Appellate Court decision and extended protection to design professionals under the Illinois Mechanics Lien Act (the “Act”). The Court decided that an engineering firm’s predevelopment services supplied to an unfinished real estate project were still lienable under the Act, even though the services did not actually
ILLINOIS COURTS DETERMINE THE DIFFERENCE BETWEEN “PAY-WHEN-PAID” AND “PAY-IF-PAID” CONTRACTUAL LANGUAGE
In 2006, Lake County Grading Co. was contracted by FCL Investors, Inc. (“FCL”), to excavate and install a sewer line for a development in Northbrook, Illinois. FCL was previously hired by Northshore Center THC to be the general contractor for the development after taking out a mortgage to develop the property. After submitting and receiving
ILLINOIS APPELLATE COURT CLARIFIES THE MINIMUM CONTACTS REQUIRED TO COLLECT STATE SALES TAX
Out of state companies can sometimes be exposed to liability for failing to collect sales tax on internet and catalog sales to Illinois residents. A recent Illinois appellate decision, The People ex rel. Beeler, Schad and Diamond, P.C., v Relax the Back Corp., 2016 IL App (1st) 151580, sheds light on what type of connections
The New Wave of Minimum Wage Laws in Cook County
On October 26, 2016, the Cook County Board of Commissioners passed an ordinance increasing the minimum wage in suburban Cook County. It is a tiered increase that will begin on July 1, 2017, and will increase by a dollar each year until 2020. After 2020, the increases will adjust with the rate of inflation. Thus,
Illinois Supreme Court Preserves the Right to a 12-Person Jury
On the eve of former Governor Pat Quinn’s last day in office, the Illinois General Assembly passed a law that raised the daily pay rate for jurors. However, the law also provided that the size of juries in Illinois should be halved, from 12 jurors to just 6.[1] While much of the legal community applauded