Author: Rock Fusco Connelly LLC
Illinois Statute Tolls Time to File Insurance Claims
Many insurance policies limit the time an insured can bring a suit against its insurance provider. Generally speaking, these clauses prevent the insured from bringing a lawsuit against the insurance company if the suit falls outside of the timeframe allowed by the policy. However, Illinois has passed a law that may allow claims to proceed
“Occurrence” Must Damage More Than the Project Itself to Trigger Insurer’s Duty to Defend
Under a commercial general liability policy, does an insurer have a duty to defend its insured when the insured’s work damages property that was outside the scope of work to be performed by the insured? This question has been asked many times, but was, until recently, unanswered under Illinois law. In the recent case of
Are Daily Fantasy Sports Legal in Illinois?
With the cool breeze of fall comes pumpkin spice lattes, scarves, and, of course, football. Like all sports, football also brings gambling. However, the rise of internet gambling and fantasy leagues has spawned a new twist to sports betting: daily fantasy sports. Federal law and several state laws currently exempt season-long fantasy sports games that
Updated: Final Overtime Rule from the U.S. Department of Labor
The new overtime rule from the United States Department of Labor takes effect on December 1, 2016. This new rule will affect businesses of every size across the country. The new rule roughly doubles what minimum salaried employees can earn before they are classified as exempt from receiving overtime pay for working more than 40
Failure To Inform Insured Of A Change In Policy Coverage Results In Expanded Liability For An Insurance Company
One of the most basic and powerful tools available for every party to a lawsuit is found under Illinois Supreme Court Rule 213. Simply known as “Interrogatories,” these questions provide a party with the tools to ask questions to the adverse party which must be answered truthfully and fully, outside of any objections. These questions
How Smaller Firms Are Attracting Bigger Clients
Smaller law firms are putting their hands up for work that was once automatically bestowed on only the largest of firms. The reason for the new shift in firm size is simple: corporate clients want lower rates and more personalized attention. For those reasons, Rock Fusco & Connelly, LLC has found itself in a unique
When are non-compete clauses too restrictive?
When it comes to non-compete clauses in employment agreements or employee handbooks, the first thing that comes to mind is that the position must be one that is of utter importance to the employer; that the employee is going to access to trade secrets and other confidential information. However, non-compete clauses are finding their way
The Seventh Circuit Finds that Sexual Orientation Is Still Not a Protected Class Under Title VII
The Federal Seventh Circuit Court of Appeals, recently rejected a professor’s claim that she had been unlawfully denied full-time employment because of her sexual orientation. Hively v. Ivy Tech Comm. College, 2016 WL 439703 (7th Cir. July 28, 2016). The case was brought by Kimberly Hively, a lesbian, part time adjunct professor at Ivy Tech
Apparent Agency and the Illinois Wage Payment and Collection Act
Many companies in Illinois attempt to limit their exposure to liability through the use of independent contractors or subcontractors. However, the theory of “apparent agency” has long been recognized in Illinois law as a way to extend liability to the principals for the actions of these contractors. Although the doctrine of apparent agency has a
New Law Makes Trade Secret Protection Uniform, But Creates New Controversy
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act (“DTSA”) into law. The DTSA provides a new federal court civil remedy for acts of trade secret misappropriation, among other key provisions. This is a major step forward in the protection of intellectual property in the United States, and not only because