Chicago’s Trump Tower Faces Lawsuit for ADA Violations

Trump International Hotel & Tower Chicago faces a new lawsuit for alleged violations of the Americans with Disabilities Act (ADA), targeted by a Florida man known for bringing these types of suits. In his three visits to Trump Tower from 2015-2017, alleged ADA violations were spotted in the restrooms in the lobby and the 16th […]

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Tax Incentives in the New Tax Cuts & Jobs Act

The new Tax Cuts and Jobs Act (the “Act”) provides tax incentives for making investments in low-income communities through Qualified Opportunity Zones.  Qualified Opportunity Zones will be designated by nomination of census tracts qualifying as low-income communities as well as tracts that are contiguous with low-income communities.  Governors of every state will have the opportunity […]

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False Claims Act Whistleblowers Continue to Falter

In recent years, the federal False Claims Act has produced many verdicts with price tags of hundreds of millions of dollars.  However, in recent months federal courts have been reluctant to rule in favor of whistleblowers, causing speculation that the end of such FCA verdicts is looming. For example, recently the U.S. Court of Appeals […]

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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 […]

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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 […]

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New Supreme Court Decision Bolsters Defense of Federal Consumer Protection Statutes

On May 16, 2016, the Supreme Court of the United States handed down its decision on Spokeo v. Robins, which provided new insights into the requirements to bring a lawsuit in federal court – and may serve as a valuable tool for defendants in the future. Plaintiffs in federal court must have “standing” to sue, […]

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First District Addresses Insurance Provider’s Right to Challenge Settlement despite Previously Forfeiting Its Right to Control Litigation

A recently decided First District Appellate case has provided clarity in regards to an insurance company’s ability to challenge settlements, particularly when an insurance company has already forfeited its right to control the litigation by reserving its right to deny coverage.  In particular, Central Mutual Insurance Co. v. Tracy’s Treasures, Inc., 385 Ill. Dec. 904 […]

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The Gray Area Of Anti-SLAPP

In 2007, the Illinois General Assembly enacted the Citizen Participation Act.  The Act was designed for the quick dismissal of “Strategic Lawsuits Against Public Participation,” or SLAPPs.  The General Assembly found that firms, developers, and other entities were using the legal system to attack and bankrupt opponents that took public action against them.  A heavily […]

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The Seventh Circuit’s Recent Opinions Upholding Dismissal of First Amendment Claims in Favor of the Government Entity’s Interest in Restricting Speech.

             In Volkman v. Ryker, 736 F.3d 1084 (7th Cir. 2013), the plaintiff, a correctional facility employee, filed suit pursuant to 42 U.S.C. § 1983 alleging several Illinois Department of Corrections (“IDOC”) employees retaliated against him for engaging in protected speech.  More specifically, Volkman alleged that he was given a […]

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Illinois Mortgagors Barred From Vacating A Judgement Of Foreclosure And Sale After The Mortgagee Files Its Motion To Confirm Sale

In Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Nov. 21, 2013), the Illinois Supreme Court clarified a perceived tension between the Illinois Code of Civil Procedure and the Illinois Mortgage Foreclosure Law (“IMFL”).  Specifically, section 5/2-1301(e)[1] of the Civil Code allows the court to set aside a default judgment against any party before […]

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