Retail, Restaurant & Hospitality Law

Defense Wins

DEFENSE WINS! – The De Minimis Rule

In March, 2024, summary judgment was entered on behalf of my client in the Northern District of Illinois District Court based on the de minimis rule. Our case was in federal court based on diversity, so the court applied Illinois law. First, a quick reminder of the de minimis rule:…

Posted on April 26, 2024April 26, 2024 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

DEFENSE WINS! – Binding Arbitration Involving Safe Ingress/Egress

After 3 ½ LONG years of litigation I am very happy to have this matter resolved – especially with a win! This case involved an alleged trip and fall outside the restaurant, in a landscaped area. The plaintiff was an older gentleman who could not have been nicer but did…

Posted on September 18, 2023November 10, 2023 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

DEFENSE WINS! – Motion To Transfer Venue Due To Forum Non Conveniens Granted

Anytime we can get a case transferred out of Cook County Circuit Court it’s a good day – for many reasons. We were able to do so for a client, having the case transferred to Grundy County based on the doctrine of forum non conveniens. The doctrine of forum non…

Posted on September 9, 2023September 9, 2023 by Stacy D. Fulco by Stacy D. Fulco

Update In Illinois Law / Procedure

Cook County Judge Finds Pre-Judgment Interest Unconstitutional & Invalid

On July 1, 2022, pre-judgment interest in tort related lawsuits became law in Illinois (735 ILCS 5/2-1303). On May 27, 2022, Judge Marcia Maras ruled that law is unconstitutional and invalid. (Hyland v. Advocate, Case No. 17 L 3541). The defendant argued the law violated multiple Illinois Constitutional provisions including:…

Posted on May 31, 2022May 31, 2022 by Stacy D. Fulco by Stacy D. Fulco

Natural Accumulation Law

Defense Wins! – The Natural Accumulation Defense Wins Again

My latest natural accumulation defense win involves two of my favorite nuisances of the rule - inside and water dripping from a shopping cart. The plaintiff and her friend were walking into a large retail store and it was raining outside. The plaintiff walked through the electronic slide doors, walked…

Posted on March 2, 2022March 2, 2022 by Stacy D. Fulco by Stacy D. Fulco

Update In Illinois Law / Procedure

REMINDER – PRE-JUDGMENT INTEREST WRITTEN SETTLEMENT OFFER DUE SOON

The Illinois Pre-Judgment Interest Act took effect in Illinois on July 1, 2021. (735 ILCS 5/2-1303). This law provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per year. For any case pending at the time the Act…

Posted on January 3, 2022January 3, 2022 by Stacy D. Fulco by Stacy D. Fulco

Natural Accumulation Law

NEW CASELAW: Natural Accumulation

There is a new reported decision in Illinois regarding natural accumulation that is worth noting, Gore v. Pilot Travel Centers, LLC, 2021 IL App (3d) 210077. The plaintiff slipped and fell on ice on the sidewalk of a gas station. The plaintiff testified the parking area of the gas station…

Posted on December 22, 2021December 23, 2021 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Binding Arbitration

In the time of Covid, jury trials are few and far between, but some cases are not meant to be settled. In these situations I highly recommend binding arbitration. The plaintiff gets her "day in court", the price is extremely reasonable compared to a trial, it is highly efficient because…

Posted on December 10, 2021December 10, 2021 by Stacy D. Fulco by Stacy D. Fulco

Let's Talk

Let’s Talk! – Appellate Review of Summary Judgment Motions

Welcome to a new addition to the Blog - Let's Talk! Here is how it will work - Whenever I have a topic I want to discuss I will put it here and on LinkedIn and we shall see what type of reaction and conversation develops. Maybe some of the…

Posted on February 5, 2021February 5, 2021 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins: Natural Accumulation (again!)

Oh how do I love the natural accumulation doctrine - let me count the ways! Yep - summary judgment was granted on yet another case based on natural accumulation. This time in Kane County, Illinois. In this case, the plaintiff sued the store who controlled the parking lot, the company…

Posted on January 22, 2021January 22, 2021 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Natural Accumulation Applies INSIDE

What is the greatest defense rule created in Illinois for retailers, restaurants and hospitality companies? You guessed it - the natural accumulation rule! Hands down this is my favorite rule because regardless of what county I'm in (yes, even Cook County), judges fairly and accurately apply this rule which means…

Posted on August 25, 2020August 25, 2020 by Stacy D. Fulco by Stacy D. Fulco

General / Miscellaneous

Congrats Albertsons! – Retailer of the Year

Congratulations Albertsons Companies! Supermarket News selected Albertsons Companies as its Retailer of the Year for 2020. If you live around Chicago, this company is better known to you as Jewel-Osco. This distinction is very well deserving as Albertsons has been having quite an amazing year. The company and its employees…

Posted on July 27, 2020July 27, 2020 by Stacy D. Fulco by Stacy D. Fulco

Criminal Acts of Third Parties

Retail & Hospitality Security Seminar - The Best Defense is a Good Offense. I am honored to be speaking about this incredibly important topic with two great speakers - Jon Groussman from Lowers Risk Group and Elizabeth Stouder of Richardson, Whitman, Large & Badger in Portland, Maine. This is a…

Posted on September 29, 2019September 29, 2019 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

DEFENSE WINS! – De Minimis Rule

I am happy to report a recent summary judgment win in federal court based on the de minimis rule. In this case, the plaintiff testified she was in the parking lot of a store, and upon exiting her vehicle, she tripped because there was a height deviation between the cement…

Posted on April 5, 2024April 5, 2024 by Stacy D. Fulco by Stacy D. Fulco

Defense Wins

Defense Wins! – Natural Accumulation

"My courtroom is where summary motions come to die!" That is what the judge told us when he granted our motion for summary judgment in Will County, Illinois. The entire courtroom agreed with his statement and the judge was shocked by his own actions, but the natural accumulation doctrine is…

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