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Author: Stacy D. Fulco

I am a Chicago lawyer and I specialize in the defense and handling of claims and litigation within the retail, restaurant and hospitality industries.
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
man standing on parking lot
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
Dram & Social Host Laws

Punitive Damages Available in Wrongful Death and Survival Claims in Illinois


On August 11, 2023, Illinois Governor J.B. Pritzker signed into law a bill that amends the Wrongful Death Act (740 ILCS 180/1 and 740 ILCS 180/2) and the Survival Act (755 ILCS 5/27-6) to allow the recovery of punitive damages. This new law does not apply in malpractice actions against…
Posted on November 17, 2023November 17, 2023 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
Defense Wins

Defense Wins! – Dismissal of Death Case


For all of you bar and restaurant owners out there - this one's for you! The plaintiff was the Estate of a minor who died in a one-vehicle motorcycle accident and he was intoxicated at the time of the accident. The plaintiff alleged the minor went to four different bars…
Posted on May 12, 2023May 12, 2023 by Stacy D. Fulco by Stacy D. Fulco
ice pieces in water
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…
Posted on March 22, 2023March 22, 2023 by Stacy D. Fulco by Stacy D. Fulco
Dram & Social Host Laws

One Year Limitation Period for Dramshop Claims – No Exceptions!


In a long awaited opinion, the Third District Appellate Court recently solidified the one-year limitation period for Dramshop Act claims. This is a huge win for dram defendants, insurers and counsel. As a reminder: A cause of action brought pursuant to the Dramshop Act “shall be barred unless commenced within…
Posted on July 12, 2022July 12, 2022 by Stacy D. Fulco by Stacy D. Fulco

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