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Category: Claim Handling / Investigations

About Stacy Fulco

I am a civil litigation trial attorney in Chicago, Illinois and I specialize in premises liability, security claims and general tort defense litigation.

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About this blog

In this blog I will discuss legal trends and developments, along with other topics of interest to the retail, restaurant and hospitality industries.
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  • One Year Limitation Period for Dramshop Claims – No Exceptions!
  • Cook County Judge Finds Pre-Judgment Interest Unconstitutional & Invalid
  • Defense Wins! – The Natural Accumulation Defense Wins Again
  • REMINDER – PRE-JUDGMENT INTEREST WRITTEN SETTLEMENT OFFER DUE SOON
  • NEW CASELAW: Natural Accumulation
  • Defense Wins! – Binding Arbitration
  • Defense Wins: Product Liability / Food Borne Illness
  • Pre-Judgement Interest in Illinois
  • Let’s Talk! – Appellate Review of Summary Judgment Motions
  • Updated Dram Shop Act Caps in Illinois for 2021
Claim Handling / Investigations

Fraudulent Injury Claims – Identify & Defend


According to the National Safety Council, falls are one of the leading causes of unintentional injuries in the United States, accounting for approximately 8.9 million visits to the ER and costing businesses $70 million annually. (2011 NSC Injury Facts). Admittedly the vast majority of falls in stores, restaurants and hotels…
Posted on April 11, 2016 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

Conducting Discovery – Think Outside The Box


One thing that drives me absolutely crazy is when attorneys conduct discovery like a robot. They issue the same written discovery to every plaintiff, review medical records by regurgitating information rather than analyzing it and question nothing about the plaintiff. If you are a defense attorney, stop doing this! If…
Posted on December 7, 2015 by Stacy D. Fulco by Stacy D. Fulco
Book Review

Minor Settlements – Is Court Approval Really Needed?


YES!  If you are settling a case on behalf of a minor in Illinois you must get court approval for any settlement, regardless the size of the claim and settlement. Many small claims involving children can be settled without litigation and each side is usually more than willing to keep…
Posted on November 9, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

Floor Inspection Policies & Their Impact On Civil Liability


Over the years I have defended retailers and restaurants in many slip, trip and fall cases so I’ve seen people fall in everything you can image.  I’ve also gone up against grapes and the infamous banana peel and am happy to say I was successful in defending such claims. As…
Posted on July 6, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

When To Retain Counsel Sooner Rather Than Later


I know what you’re thinking – typical defense lawyer trying to rack up the billable hours.  But just hear me out on this one.  There are incidents that warrant early counsel involvement.  These types of incidents fortunately do not happen every day, but they do happen.  The trick is to…
Posted on May 18, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

Spoliation of Evidence Refresher


Three of the scariest words in civil law are “spoliation of evidence.”  Just the threat of a spoliation claim makes claims examiners and lawyers sweat.  It’s the first legal concept every claim handler should learn, and stay updated on, as they change jurisdictions. I want to briefly talk about spoliation…
Posted on February 9, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

Putting An End To Fraudulent Personal Injury Claims


Fraudulent personal injury claims are far too familiar to the retail, restaurant and hospitality industries.  I recently published an article in the Chicago Lawyer Magazine addressing this very topic.  It is a discussion about how this practice hurts both plaintiff and defense attorneys and how we can all work together…
Posted on January 12, 2015January 12, 2015 by Stacy D. Fulco by Stacy D. Fulco
Claim Handling / Investigations

The Do’s and Don’ts of Taking Witness Statements


Sally slipped and fell on the ever problematic banana peel that was dropped on the floor by a little kid having a snack.  Unfortunately for Sally, her wrist is broken and she needs surgery. When a customer is injured on your property, your checklist of things to do while setting up the…
Posted on December 10, 2014 by Stacy D. Fulco by Stacy D. Fulco
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