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
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,
Where Can Your LLC Be Sued?
In order for a federal court to have jurisdiction over a lawsuit, there are several requirements that must be met. Failing to establish these requirements leaves a lawsuit open to an easy dismissal. Unless the cause of action is brought under a federal statute, the amount in controversy in the lawsuit must be more than
“I Agree” – Is It Binding?
Most people have never read the entirety of the terms and conditions of the iTunes end-user license agreement, or any other similar online agreement. Yet almost all of us have clicked on “I agree” and moved on, despite never having read what we are agreeing to. This risky move just became a little less risky.
Does cutting hours to satisfy ACA, violate ERISA?
The Affordable Care Act, sometimes referred to as Obamacare or the ACA, requires employers who employ 50 or more “full-time equivalents” to offer affordable minimum-value coverage to those employees and their dependents or pay a penalty in the event that any of their full-time employees receive federal premium assistance to purchase individual coverage in the