When Does a Primary Insurer Have a Duty to Advise an Insured of Potential Excess Policy Exposure
An insurance company’s duty to its insured does not end with the appointment of counsel. Rather, it extends past that and requires a primary insurer keep their insured abreast of the litigation progress, status and, as described in length in R.C. Wegman Construction Co. v. Admiral Insurance Co., that there would be excess insurance exposure
The Illinois Business Corporation Act’s Survival Statute for Suits against Dissolved Corporations
In the recent case of Pielet v. Pielet, 365 Ill. Dec. 497 (Ill. 2012), the Illinois Supreme Court discussed when a plaintiff may sue a dissolved corporation under Section 12.80 of the Illinois Business Corporation Act, also referred to as the “Survival Statute.” In Pielet, the Pielets, a husband who died during the litigation and
How Facebook Posts Are Protected Under The NLRA
THE DIGITAL WATER COOLER: HOW FACEBOOK POSTS ARE PROTECTED UNDER THE NLRA THE LAW: The National Labor Relations Act was created to protect the rights of employees. One such right was for employees to act together to address conditions at work. The common image is of employees standing around the water cooler, complaining about the
The Cat, The Monkey, And The Liable Employer
A monkey convinces a cat to reach into a fire to extract some roasting chestnuts. The cat burns its paws and loses all of the chestnuts to the monkey. The monkey escapes unharmed, free to perform the same con all over again. The term “cat’s paw” seems out of place in the middle of a
Fiduciary Duties To Employers And Non-Competes
A recent Northern District of Illinois decision, Instant Tech., LLC v. DeFazio, 12 C 491, 2014 WL 1759184 (N.D. Ill. May 2, 2014), has shed some light on the applicability of non-solicitation, non-recruitment and non-disclosure covenants in Employment Agreements. In Instant Tech, the court held that these types of restrictive covenants were unenforceable in certain
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