Defense Wins – Retail, Restaurant & Hospitality Law

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

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

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

Defense Wins

Defense Wins: Product Liability / Food Borne Illness

Summary judgment was granted on behalf of my client in a case involving a claim of salmonella poisoning and the plaintiff did not appeal the ruling. The moral to this case is that timing matters! The plaintiff claimed he worked an overnight shift at a factory (but did not eat)…

Posted on June 30, 2021June 30, 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

Defense Wins

Defense Wins: No Evidence of Defect

Another Defense Wins victory to share. This one is a actually comical. The plaintiff claimed she was hit on the right side of her face and the right shoulder by a case of water bottles that fell from the top of a water bottle display in a store. In fact,…

Posted on February 12, 2020February 12, 2020 by Stacy D. Fulco by Stacy D. Fulco