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Blog Posts

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“Personal Assistants” Seem To Be State Employees.

The Illinois Workers’ Compensation Commission has historically rejected the argument that “personal assistants” are not State employees. This was re-emphasized in Hoffman v. Madigan, 2017 IL App (4th) 160392. In Hoffman, a State agency, the Department of Central Management Services (“CMS”) brought a complaint against the Attorney General seeking injunctive […]

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You May Not Have As Much Insurance Coverage As You Think

Many are not aware that the law allows an insurance company to apply a “set-off” based on moneys received from a different portion of the defendant’s insurance policy. A “set-off” is a provision in the contract language that allows the insurance company to reduce coverage in one section of insurance […]

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Insurance Coverage Depends on Contractual Interpretation of “Reasonable Belief”

On September 25, 2017, the Illinois Appellate Court for the First District reversed summary judgment and rebuffed Founders Insurance Company’s argument that existing Illinois case law allowed it to refuse coverage after a driver with only a learner’s permit collided with another vehicle because a licensed adult was not in […]

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Goldstein Bender & Romanoff Secure Appellate Victory Against Medtronic in Infuse™ Litigation

On September 20, 2017, the Illinois Appellate Court for the First District released its opinion in Senayda Norabuena and Miguel Torres v. Medtronic, Inc., 2017 IL App (1st) 162928*, reversing the trial court’s prior dismissal of Norabuena and Torres’ products liability claims.  Partner Ryan M. Griffin and Associate Scott M. […]

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Appellate Court Reaffirms Requirement to Strictly Adhere to 735 ILCS 5/2-203

On September 11, 2017, the Illinois Appellate Court for the First District reaffirmed that plaintiffs must strictly adhere to 735 ILCS 5/2-203 if they wish to seek alternative service of process on a defendant. In Thompson v. Braggs, et. al. 2017 IL App (1st) 161329, the First District was tasked […]

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Does the City of Chicago have a Duty to Inspect its Property?

The City of Chicago is vast, and stretches approximately 234 square miles.  Although this area is indeed vast, the City of Chicago still DOES have a duty to inspect and maintain its property, which includes streets and sidewalks, so that the public ways are free from unreasonably dangerous and defective conditions. For […]

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Is Your Physician Legally Responsible for Your Opioid Addiction?

As the opioid epidemic reaches the forefront of political and media attention, some have started to ask whether prescribing physicians should bear some legal responsibility for the overwhelming cost of drug rehabilitation, and in the most tragic cases, overdose.  Currently, state attorneys general and some federal regulators are testing the […]

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Understanding Illinois Car Insurance

As the warm weather slowly, but surely makes its way towards Chicago, summer vacations begin. This means more and more drivers and their loved ones begin to plan for long road trips. Make it a part of your plan to be aware of the car insurance law in your state […]

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Cause for concern over some e-cigarettes going up in smoke?

Several cases have been filed in the Circuit Court of Cook County against certain manufacturers and retailers of electronic cigarettes, otherwise known as “e-cigs.” Made popular by numerous celebrities, the use and production of e-cigs has skyrocketed in recent years as an alternative for people who want to quit smoking.  […]

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United States Supreme Court finds that FEHBA preempts state anti-subrogation and anti-reimbursement laws

The United States Supreme Court in, Coventry Health Care of Missouri, Inc. v. Nevils,  announced that the Federal Employee Health Benefits Act of 1959, 5 U.S.C. §8902 (FEHBA) preempts any State anti-subrogation or anti-reimbursement law.  Although most Americans do not have health insurance through FEHBA, this decision will inevitably make […]