Articles Posted in Commerical Litigation

How Does Illinois’s Collateral Source Rule Work?

If you have been injured in an accident due to someone else’s negligent actions, your own insurance company will often handle your medical expenses before you press charges. In many states, this could be brought against you in the course of a lawsuit. The defendant (i.e. those who were at fault) can try to use the fact that you’d already received compensation to reduce or eliminate their responsibility to pay damages.

Illinois, however, has a collateral source rule that prevents this from happening. In essence, the rule dictates that the defendant cannot submit evidence that you received compensation from a collateral source (such as your insurance company). There are a few reasons why this is beneficial to you, but it can also result in some challenges in recovering damages as well.

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Most people are aware of their right to recover damages in the event of an accident. If another party is at fault for your injury, you are generally able to recover monetary compensation for the resulting costs of the accident, including medical expenses, lost wages, and pain and suffering. The types of damages you may be awarded are grouped into three categories—economic, noneconomic, and punitive.

These are all calculated in their own ways and often require different forms of evidence, so it’s important to understand the differences between them.

Economic Damages

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How to Begin the Mediation Process

Mediation is far more efficient than litigation, and it may be more effective than arbitration in certain circumstances. The process involves a neutral third party who facilitates discussion between two clashing parties, so the results are more likely to favor both sides of the dispute. While the process is typically less formal than other forms of ADR, it does require some advance preparation.

Overcoming Deterrents

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Ultimately, people are the main force that drives a business. Your shareholders and executives have their roles in decision making, managers and supervisors handle floor-level administration, and employees are ultimately the ones who make everything go. However, as important as employees are to a company, it can sometimes be a risk for a business to hire people on to their team.

For this reason, it’s important for employers to be well aware of what liabilities they might face and how to mitigate them. It also helps for employees to be aware of these risks as well going in—in some cases, an employee’s conduct may fall upon their employer, but in other cases it may not.

Vicarious Liability

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Recent news shows the importance of including an arbitration clause in your contracts. Uber was recently confronted with a lawsuit by a user who claimed they sent an unsolicited text to his phone. This could be considered a violation of the Telephone Consumer Protection Act (TCPA), but Uber successfully drove the lawsuit into arbitration.

Impact of an Arbitration Clause

The main factor that allowed Uber to move the dispute into arbitration was the fact that they’d included an arbitration clause in their Terms of Use contract. Their Terms of Use were easy to access, didn’t require any scrolling, and were displayed in an easy-to-read font. As such, there was no reason why the plaintiff shouldn’t have known about their arbitration clause, which required all disputes to be handled through arbitration rather than in court.

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State, local, and federal governments often need access to land to build roads, government buildings, parks, water supply structures, and so on. The Fifth and Fourteenth Amendments allow the government to take private property inasmuch as they meet the following two requirements:

  • The owner of the property is given just compensation
  • The property is used for public purposes (such as those described above)
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If you work in Illinois, you are entitled to be compensated for your labors. There are various federal and state laws in place that are designed to protect your rights to prompt payment, and if those laws are violated, your employer could be held liable.

In some cases, your employer may attempt to avoid paying you (and in rare cases, flat out refuse), in which case you’ll need to bring the law to bear against them.

The Illinois Wage Payment and Collection Act

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Resolving IP Disputes – Litigation or ADR?

Intellectual property is more important to businesses than ever, with many entities relying on it almost entirely. When that property is compromised, it can cripple a business as operations grind to a halt. Even in corporations where IP is not their sole asset, these issues can still result in heavy losses as their position in the market is compromised.

Regardless of the entities involved, there are ways to resolve IP issues without going through a lengthy litigation process. Alternative dispute resolution (ADR) can be highly beneficial to parties involved in these disputes, whether they involve copyrighted material, trade secrets, patents, or trademarks.

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Business contracts are a key component of the way any company functions, but they also pose a certain amount of risk to those involved. After all, if one party fails to live up to their end of an agreement, it can lose your company thousands of dollars.

Fortunately, a well-written contract will protect your interests, and a breach can be remedied either with repayment of monetary damages or through other means.

Types of Breaches

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An arbitration clause is a statement in a contract that requires the parties named therein to resolve disputes through arbitration. This means litigation is not an option if a dispute arises, which can be beneficial for both parties involved. When properly drafted, an arbitration clause will afford a business greater security, more privacy, and lower expenditures.

Quicker Resolution

By and large, disputes can be resolved far more quickly through arbitration than they can through court hearings. The time it takes for a case to make it to court can amount to years, which is often an unacceptable timeframe for businesses. Arbitration hearings, on the other hand, require less preparation and waiting and can be resolved far more quickly than a court hearing with a judge and jury.

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