Category: Uncategorized
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
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,
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
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
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
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
Sales Tax and Online Sales
On December 2, 2013—Cyber Monday—the Supreme Court declined certiorari to hear an appeal from two of the nation’s largest online retailers, Amazon.com and Overstock.com. As is the tradition, the Supreme Court made no comment in its refusal to hear the appeal.[1] The internet merchants were appealing a decision from the New York Court of Appeals,
Can an Employer Have Employees Waive Their Rights to Pursue Litigation
In a move sure to please employers, the Fifth Circuit recently overturned the National Labor Relation Board’s ruling in D.R. Horton, Inc. v. NLRB.[1] The case centered on whether an employer can require, as a condition of employment, an employee to waive his rights to pursue a class action complaint and instead to accept arbitration
What Does Delayed Notice to an Insurer Mean in Illinois?
In the vast majority of states, when an insurance company intends to deny a claim by its insured because the insured did not promptly notify the insurance company of a potential tort claim, the insurance company must show that it was prejudiced by the delay in or lack of notice. Illinois is one of only
Protection and Compliance under the Illinois Automatic Contract Renewal Act
Contracts rarely exist in a vacuum: successful business relationships usually beget more successful business, and a convenient method to nurture these relationships is to provide for such in the contract through an automatic contract renewal clause. Automatic renewal provisions, sometimes referred to as “evergreen clauses,” can be a helpful way to secure future business. They