By: Jeanne Hoffmann The Illinois Supreme Court recently issued its opinion in Acuity v. M/I Homes of Chi., LLC, 2023 IL 129087, taking a full about-face from Illinois precedent on the issue of whether CGL coverage for “property” damage” caused by an “occurrence” can be found if the only damage […]

By: Christopher Puckelwartz The Illinois Appellate Court First District reaffirmed Illinois Supreme Court precedent regarding the lack of liability for various contractors to third parties when adhering to engineering specifications in Bitsky v. City of Chicago, et. al., 2023 IL App (1st) 220266. In Bitsky, Plaintiffs were walking down a […]

Downey & Lenkov is pleased to announce the addition of Wisconsin to their publication of the 2022 Premises Liability article. This publication is a must-have resource for handling premises liability claims such as comparative negligence, open and obvious hazards, natural accumulation, spoliation of evidence, and many more. Capital member Storrs […]

By: Jeffrey Kehl On May 27, 2022, Judge Marcia Maras entered her long-awaited decision on whether the 2021 Prejudgment Interest Statute is unconstitutional. In Hyland v. Advocate Health, Cook County Law Division Case No. 17 L-003541 Judge Maris concluded that the statute, which imposes 6% prejudgment interest on the difference between the last […]

Of Counsel Samuel Levine has been published in ALI CLE’s The Practical Real Estate Lawyer – May 2022 Issue. Samuel’s article “Consequences of Stopping Construction: Delays and Disruptions Resulting from Catastrophes” details the impacts of suspending a construction project and the importance of defining the suspension parameters in a contract to […]

By: Marcy Bennett  In McDonald v. Symphony Bronzeville, Park, LLC (2022 IL 126511), the Supreme Court of The State of Illinois found that the exclusivity provisions of the Illinois Workers’ Compensation Act (Act) did not bar Plaintiff from bringing suit against an employer under the Biometric Information Privacy Act (BIPA). […]

By: Jeffrey Kehl In Munoz v. Bulley & Andrews, LLC, 127067 (January 21, 2022), the Illinois Supreme Court held that the exclusive remedy provision of the Workers’ Compensation Act, which bars any direct action of an employee against their employer for negligence, does not apply to a general contractor who […]

By: Jessica Jackler On January 13, 2022, the United States Supreme Court granted an emergency stay of OSHA’s Emergency Temporary Standard (ETS) requiring all employers with at least 100 employees to mandate that all employees be fully vaccinated against COVID-19, or (on a voluntary basis) provide an option for employees […]

By: Storrs Downey & Jessica Jackler As we last reported in our December L&E Newsletter, OSHA’s Emergency Temporary Standard (ETS) requiring employers with at least 100 employees to mandate that all employees be fully vaccinated against COVID-19 or submit to weekly testing was stayed by the U.S. Court of Appeals […]

By: Storrs Downey & Jessica Jackler On December 21, 2021, Chicago Mayor Lori Lightfoot announced that beginning January 3, 2022, patrons age 5 and older will need to show proof of full vaccination against COVID-19 to enter restaurants, bars, indoor fitness facilities, and indoor entertainment and recreation venues where food […]