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CONCEALED CARRY: ILLINOIS LAW IN REVIEW What you need to know about the new Illinois Concealed Carry Act, including the rights, responsibilities and liability of individuals, employers, property owners and governmental entities, with an emphasis on how to handle claims involving municipalities. We will also address Insurance Coverage considerations, and examine interesting case law that may impact how you evaluate claims.
Presented and Prepared by: Mark J. McClenathan
[email protected] Rockford, Illinois • 815.963.4454
Heyl, Royster, Voelker & Allen PEORIA • CHICAGO • EDWARDSVILLE • ROCKFORD • SPRINGFIELD • URBANA
© 2015 Heyl, Royster, Voelker & Allen
Concealed Carry:Illinois Law In Review
Mark McClenathan – Rockford Office
Background
• Firearm Concealed Carry Act, 430 ILCS 66/1
• Effective January 1, 2014
• Act allows individuals with a valid license issued by the Illinois Department of State Police to carry a concealed handgun.
Background on IL Concealed Carry
• Shepard v. Madigan
734 F.3d 748 (7th Cir. 2013)
– Federal suit that challenged Illinois’ unconstitutional ban on carrying firearms for self-unconstitutional ban on carrying firearms for selfdefense outside the home.
– Plaintiff was church treasurer Mary Shepard, an Illinois resident and a trained gun owner with no criminal record, and licensed to carry a concealed handgun in two other states.
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Shepard v. Madigan
• While working as the treasurer of her church, Shepard and an 83-year-old co-worker were attacked and beaten by a 6-foot, 3-inch, 245-pound man with a violent past and a criminal record.
– They suffered major injuries to the head, neck and upper body with the church treasurer undergoing extensive surgery and physical therapy.
Shepard v. Madigan
• “Mary Shepard is a victim of anti self-defense activists in the Illinois legislature who have consistently refused to recognize that good people have the right to protect themselves when they go about their everyday business ” they go about their everyday business.”
Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012)
• The Illinois Unlawful Use of Weapons (UUW) 720 ILCS 5/24-1, statute and the Illinois Aggravated Unlawful Use of a Weapon (AUUW) 720 ILCS 5/24-1.6, statute, which (AUUW) 720 ILCS 5/24 1.6, statute, which prohibited the carrying of firearms in public, violated the Second Amendment right to bear arms for self-defense outside the home
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Procedural History
• Governor Pat Quinn had used his veto authority to suggest changes, including allowing employers to “prohibit an employee from carrying a concealed firearm during any part of the employee’s employment . . .” p y p y
• On July 9, 2013, the Illinois Legislature overrodeGovernor Pat Quinn’s amendatory veto of the Illinois Firearm Concealed Carry Act. The legislative transcript reflects the July 9, 2013 deadline for implementing the law was a primary concern.
Qualifications for Concealed Carry
• Concealed Carry License
– Valid FOID Card
– At least 21 years of age
16 hours of firearm training– 16 hours of firearm training
– Background check restrictions
• DUI’s, violent misdemeanors, pending arrest warrants, alcohol/drug treatment programs
– Concealed Carry License Application
Mary Shepard got her CCP
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Concealed Carry and the Law
• Individual Rights and Responsibilities
• Employer Rights and Responsibilities
• Property Owner Rights and Responsibilities
• Governmental Entity Rights and Responsibilities
• Insurance Coverage Considerations
Individual Rights and Responsibilities
• Use of Force in Defense of Person
– Necessary to Prevent a Forcible Felony
– Use of Force by Aggressor
• Use of Force in Defense of Dwelling
• Use of Force in Defense of Other Property
What do our clients ask usthe most about CC?
May employers prohibit employees from carrying concealed firearms at
SHOULD employers prohibit employees from carrying concealed
• The answer depends on several factors
concealed firearms at work?
carrying concealed firearms at work?
• Yes
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What do our clients ask usthe most about CC?
Can I prohibit CC on my property?
SHOULD I prohibit CC on my property?
• Yes, if you are the owner.
• It depends…
The finally, everyone wants to know:
• When am I liable if I shoot someone?
Should I shoot? Guns? Here?
• When am I liable if someone on my property y p p ygets shot by someone with CC?
EMPLOYER Rights andResponsibilities
• Employer = Private and Public Employers
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May employers prohibit employees from carrying concealed firearms?
• Answer: Yes, in at least three potential ways:
– Under the Act if employment is in one of the prohibited areas (government building, school, or hospital);
– Under the Act if the property owner decides to post the Illinois State Police sign, which prohibits everyonefrom carrying a concealed handgun on the property; and
– Outside the Act pursuant to a particular employment policy (include in employee handbook).
Does allowing concealed carry expose employers to liability?
• In light of the concealed carry law and the absence of immunity for employers:
– Employers face increased liability for consenting to the presence of firearms in the workplaceto the presence of firearms in the workplace
– Workers’ compensation is recoverable
• Employers should consider prohibiting firearms
Statistics
• Violence caused 17% of workplace fatalities in 2011
• Gun-related deaths were most frequent
• Most workplace shootings were caused by employees or former employees (Kraft Foods example)
• Risk factors:
– Face-to-face contact with public
– Exchange of money
– Delivery of services or goods
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Effect on Employers andBusiness Owners
• The Act specifies numerous areas where concealed carry licensees are prohibited from knowingly carrying a firearm.
E l h ld d t i h th th • Employers should determine whether they own or operate any of these “prohibited areas.”
Property Owners
• Employers, who are property owners, can prohibit anyone from otherwise carrying lawfully concealed firearms on their propertyby following the procedures in the Act and posting a sign that complies with the Illinois State Police signage requirements
– Exception: parking lot “safe haven”
Prohibited Areas: Concealed Carry Is Not Allowed
• Prohibited areas include:
– Local government buildings – “Any building or portion of a building under the control of a unit of local government.” g
– State government buildings (courts and buildings controlled by the executive and legislative branches)
– Federally prohibited areas – “Any area where firearms are prohibited under federal law.”
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Prohibited Areas (cont.)
– Schools and child care facilities
– Public and private colleges and universities
– Parks, playgrounds, athletic facilities and stadiums
– Amusement parks and zoos
– Libraries and museums
– Nuclear facilities
– Airports
– Gambling facilities
– Certain bars, taverns, and other places serving alcohol
Prohibited Areas (cont.)
• Public transportation – “Any bus, train, or form of transportation… .”
• Hospitals – “Any building, real property, and parking area under the control of a public or parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home.”
Prohibited Areas (cont.)
• Permitted Special Events – “Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle.”
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Prohibited Areas (cont.)
• Concealed carry is not allowed at certain bars, taverns and other places that serve alcohol + 50% rule
• Chicago Ordinance: All businesses serving • Chicago Ordinance: All businesses serving alcohol.
Exceptions to NO concealed carry:
Exceptions to “prohibited areas”
• Public Right of Way
• Parked Cars
Parking Lots Exception
Parking lots are an exception
• Firearms and ammunition can be stored in a vehicle in most parking areas
• License holder can carry firearm outside of vehicle for sole purpose of storing it inside trunk
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Parking Lot Exception
• A licensee is “permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area.”
430 ILCS 66/65(b)
Employers as Property Owners
• Employers should determine whether they operate in any of the foregoing “prohibited areas.”
• Even if not if an employer is a property owner • Even if not, if an employer is a property owner, it may still prohibit firearms pursuant to the law.
• 430 ILCS 66/65(a-10)
Employers as Property Owners
Owner of Private Property May Prohibit:
“The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The yowner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.”
430 ILCS 66/65(a-10)
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Sign: No Guns Allowed
• Owners of prohibited areas may utilize signage larger in size than the template provided, at their discretion.
• Prohibited areas may include additional language on their signs.
• If prohibited areas use a larger sign or include If prohibited areas use a larger sign or include additional language, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4” x 6” dimension required by the Act.
• The required signs “shall be clearly and conspicuously posted at the entrance of the building, premises or real property.”
Sign: No Guns Allowed
• The background is white, with no text, other than the reference to 403 ILCS 66/65, and no other marking within the one-inch area surrounding the graphic design. The graphic design is a handgun in black ink surrounded by a red circle with diagonal slash across the handgun. The circle shall be 4 inches in diameter. The black rectangle surrounding the image must measure 4 inches tall by 6 inches wide.
Ambiguities of the Act
• Private Property If Posted by Owner –“The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.”
430 ILCS 66/65(a-10)
• What if you are not the property owner?
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Ambiguities of the Act
• Does not address a number of employee-related issues.
• Can employees carry firearms while working?– Can an employer prohibit employees from carrying
firearms outside the workplace while conducting firearms outside the workplace while conducting employer’s business?
– Raises employment law issues
– Imposes liability upon employers whose employees were conducting employer’s business at the time of an incident
Ambiguities of the Act
• Does a TENANT have any rights to prohibit concealed carry on the premises, like the OWNER?
Potential Employer Liability
• No immunity provision
• Vicarious Liability
• Negligence Claims
– Hiring, Supervision, Retention
• OSHA General Duty Clause
– “Each employer shall furnish . . . a place of employment which are free from recognized hazards that are . . . likely to cause death or serious physical harm to his employees.” 29 U.S.C. § 654(a)(1)
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SHOULD Employers Prohibit Employees from Carrying Concealed Firearms at Work?
• There is no settled law in Illinois on the liability issues
• Other states’ experiences provide a basis for Other states experiences provide a basis for discussion
States Surrounding Illinois:Concealed Carry Laws
• Employer May Prohibit CC While Employee is in Course of Job, but Not as to Personal Vehicle in Parking Area
I di Wi i K d Mi hi• Indiana, Wisconsin, Kansas and Michigan
• Missouri and Ohio:
– Employer May Prohibit as to Employer-Owned Vehicles
Case Law
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Burlington Ins. Co. v.Phillips-Garrett, Inc. (Illinois)
• Bar employee shot a patron
• Patron’s mother sued based on negligence
• Insurance policy had “assault and battery exclusion”
• Incident fit the definition of a battery
• Insurance company had no duty to defend and indemnify
37 F. Supp. 3d 1005 (S.D. Ill. 2014)
Adames v. Sheahan (Illinois)
• Parents of a boy who was killed when his friend accidentally shot him with a gun that belonged to his father, a correctional officer, brought suit against the county sheriff under the theory of respondeat superiorp p
• Court held sheriff was not liable because correctional officer was not acting in the scope of his employment when he stored the gun in his bedroom closet
233 Ill. 2d 276 (2009)
Estate of Smith v. Mahoney’s Silver Nugget, Inc. (Nevada)
• A casino patron was shot in a fatal altercation at a casino lounge.
• The estate of the deceased brought an action against the casino.
• The shooter possessed a concealed weapon on the premises.
• Supreme Court of Nevada held that the casino owed no duty to the deceased as a matter of law.
265 P.3d 688 (Nev. 2011)
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Robinson v. Hudson Speciality Ins. Group (Alabama)
• Robinson and a group of friends went to a nightclub
• Two men shot Robinson five times
• Robinson survived but was severely injured
• Robinson sued night club owner for negligence• Robinson sued night club owner for negligence
• Insurance company denied coverage and refused to defend the corporation that owned the night club.
• Policy contained assault/battery and weapons exclusion
984 F. Supp. 2d 1199 (S.D. Ala. 2013)
Baker v. Aetna Cas. & Surety Co. (Ohio)
• Employee was shot in the face during a robbery and brought an intentional tort claim against employer
• Intentional tort claim fell within employer’s • Intentional tort claim fell within employer s commercial liability insurance policy covering employer’s liability beyond workers’ compensation benefits
107 Ohio App. 3d 835 (10th Dist. 1995)
Workers’ Compensation
• When an employee is injured, workers’ compensation provides a remedy
• Injury must:
– Arise out of employment; and
– Occur in the course of employment
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4 Categories of Workplace Violence
• Criminal intent
– Violence is incidental to another crime, such as a robbery
• Customer/client– Perpetrator has a relationship with the businessPerpetrator has a relationship with the business
• Worker-on-worker– Past or current employee harms other employees
• Personal relationship– Assailant is usually an employee’s relative
Workers’ Compensation Examples
• Manchester, Conn. – worker accused of theft killed eight co-workers and seriously wounded others
• Kirkwood Mo – gunman opened fire at city • Kirkwood, Mo. – gunman opened fire at city council meeting, killing five and wounding two others
• Despite headlines, most homicides in the workplace result from robberies
Roberts v. Pup ‘N’ Taco Driveup (California)
• Employee killed during robbery
• Another employee failed to call for emergency help
• Employee’s mother sued employer for negligence
• Court dismissed negligence claim and held workers’ compensation provided the sole remedy
206 Cal. Rptr. 533 (2d Dist. 1984)
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Panpat v. Owens-Brockway Glass Container, Inc. (Oregon)
• A boyfriend and girlfriend worked the same shift at the employer’s manufacturing plant
• When relationship ended, the boyfriend told plant superintendent he was having difficulty coping
• While on medical leave, he entered the plant and shot and killed the girlfriend while she was working
• Court held incident did not arise out of employment334 Ore. 342 (2002)
Koerner v. OrangetownPolice Dept. (New York)
• Police officer’s wife accidentally shot and killed him with his service revolver
• Department policy required him to have firearm with him during off-duty hours
• Court held incident arose out of employment, but did not occur in course of employment because officer was off-duty when shooting occurred
• Workers’ compensation benefits were denied68 N.Y. 2d 974 (Ct. App. 1986)
Johnson v. Drummond (Maine)
• Law firm employee did not recover workers’ compensation for injuries caused by her husband shooting her in the firm’s reception area
• Firm’s office manager told employee not to use others as a “buffer” between her and her husbandothers as a “buffer” between her and her husband
• Court held dispute was personal in nature
• Workers’ compensation benefits were denied490 A.2d 676 (Me. 1985)
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Galaida v. AutoZone, Inc. (Florida)
• Employee had a loaded firearm in his car in employer’s parking lot
• On a cigarette break, employee opened his car door to get a cigarette
• The loaded firearm fell out of the car hit the ground The loaded firearm fell out of the car, hit the ground, and shot the employee in the leg
• Workers’ compensation benefits were denied because exposure to a firearm was not a foreseeable consequence of a cigarette break and firearm violated employer’s policy
882 So.2d 1111 (Ct. App. Fla. 2004)
Southland Corp. v. Hester (Arkansas)
• Employee was found in his employer’s office and had been shot with his own rifle
• Witnesses testified employee had no motive for suicide and he was not familiar with firearms
Estate bro ght claim nder orkers’ • Estate brought claim under workers’ compensation law
• Court denied benefits because firearm had no connection with employer’s business
253 Ark. 959 (1973)
Investigating Claims
• Promptly investigate claims
• Get copies of photographs, surveillance tapes, and employer’s workplace violence policy
• Identify a motive • Identify a motive
– Employment-related motives;
– Motives personal to the employee; or
– Motives neutral to the employee
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Employers’ Potential Liabilities For Allowing Guns at Work
• Workers’ Compensation
• Vicarious Liability
• Negligence Claims
– Negligent Hiring
– Negligent Supervision
– Negligent Retention
• OSHA General Duty Clause
Employers’ Potential Liabilities For Allowing Guns at Work
• In light of the concealed carry law and the absence of immunity for employers:
– Employers face increased liability for consenting to the presence of firearms in the workplaceto the presence of firearms in the workplace
– Workers’ compensation is recoverable
• Employers should consider prohibiting firearms
Prevention of Workplace Violence
• Steps to prevent workplace violence include:
– Train supervisors to spot potentially violent employees
– Improve physical security Improve physical security
• Adequate lighting
• Alarms
• Controlled entry points
– Develop and enforce a workplace violence policy
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Governmental Entity Rights and Responsibilities
• Law Enforcement Agency Liability
– Policies
– Trainingg
– Granting of CC Permit
– 430 ILCS 66/45
Governmental Entity Rights and Responsibilities
• Reporting Requirements
– Law Enforcement – 430 ILCS 65/8.1
– School Administrator, Principal – 430 ILCS 66/105, p
– Immunity – 430 ILCS 66/110
Governmental Entity Rights and Responsibilities
• Odds and Ends
– Don’t forget PROHIBITED AREAS
– Privacy Issues related to CCy
– Seizure of guns
– Public Safety
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Coverage Issues
Insurance Policy Provisions
• Coverage depends on:
– Language of the policy
– Allegations in complaint against the insured
Coverage applies to an “occurrence ” An • Coverage applies to an “occurrence.” An occurrence is defined as “an accident, including continuous or repeated exposure to conditions which results in ‘bodily injury’ and/or ‘property damage’ neither expected nor intended from the standpoint of the Insured.”
Insurance Policy Provisions
• Some policies do not define “accident”
• Illinois courts have defined “accident” as:
– “An unforeseen occurrence, usually of an t d di t h t ith lt untoward or disastrous character, with a result
that is unintended and unexpected”
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Insurance Policy Provisions
• Exclusions
– Policies often exclude coverage for intentional acts
C i l d d f “b dil i j t – Coverage is excluded for “bodily injury or property damage expected or intended from the standpoint of the insured.”
Insurance Policy Provisions
• Exclusions
– Policies often exclude coverage for criminal acts
– Coverage is excluded for “bodily injury arising out f i i l t itt d b t th di ti of a criminal act committed by or at the direction
of the insured.”
20th Century Ins. Co. v. Stewart (California)
• Insured was playing Russian roulette
• Gun did not discharge for the first two people, but discharged and killed the third person
• Insurance policy contained an intentional/criminal Insurance policy contained an intentional/criminal acts exclusion
• Exclusion barred coverage for “bodily injury or property damage which is a foreseeable result of an intentional or criminal act of any insured….”
63 Cal. App. 4th 1333 (4th Dist. 1998)
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Personal Liability
• Homeowners’ policies often contain an exception for self-defense
• “This exclusion does not apply to bodily injury resulting from the use of reasonable force by resulting from the use of reasonable force by an insured to protect persons or property.”
Premises Liability under the Act
• Private Property If Posted by Owner –“The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence.”
• What if you are not the property owner?
Premises Liability under the Act
• What about tenants?
• There seems to be three options:
– Ask landlord to post sign at property’s entrance
– Ask landlord for permission to post the sign at the entrance to tenant’s business
– Post sign without landlord’s permission
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Strahin v. Cleavenger (West Virginia)
• A landowner’s guest was shot by a third party and sought damages from the landowner.
• “In the context of premises liability, we have said that the duty owed by landowners or said that the duty owed by landowners or possessors of property … to any non-trespassing entrant is a duty of reasonable care under the circumstances.”
216 W. Va. 175 (2004)
Commercial General Liability Policies
• Assault and battery exclusion:
– “This insurance does not apply to: Assault, Battery, or Other Physical Altercations.”
A lt “A illf l tt t th t t i fli t – Assault: “Any willful attempt or threat to inflict injury upon the person of another …”
– Battery: “Wrongful physical contact with a person without his or her consent that entails some injury or offensive touching.”
Commercial General Liability Policies
• Willful and Malicious Exclusion:
– “We do not cover injury resulting from a willful and malicious act, no matter at whom the act was directed.
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Personal Firearms Liability Insurance
Insuring Agreement:
• Personal Firearms Liability Insurance protects you against liability suits for any injuries you unintentionally cause while hunting or trapping on public or private land. This coverage also covers you while shooting in competitions or at private shooting rangescompetitions or at private shooting ranges.
• Coverage for bodily injury or property damagecaused by the use of a firearm, air gun, bow & arrow, or trapping equipment when you are legally obligated for damages
• Most defense costs
Personal Firearms Liability Insurance
• Exclusions:
– Only covers the individual insured member – NO household members
– Claims made by your spouse or household Claims made by your spouse or household member
– Injury caused from loaded firearm while transported in vehicle
– Injury intentionally caused by you
Personal Firearms Liability Insurance
• Exclusions:
– Injury arising out of any actual or alleged criminal activity
I j d d th i fl f d – Injury caused under the influence of drugs or alcohol
– Punitive damages
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Self Defense Insurance
Self-defense Insurance includes coverage for:
• Criminal defense reimbursement and civil suit damages, up to the limit selected
• The cost of civil suit defense, in addition to the limit of liability for bodily injury and property damage liability for bodily injury and property damage
• Criminal defense reimbursement for alleged criminal actions involving self-defense when you are acquitted of charges
• Bodily injury or property damage caused by the use of a firearm
Mandated Firearms Insurance
• Mandated Firearms Insurance?
• Not in Illinois
• Not in other states
• At least 20 bills introduced, so not for lack of trying.
Watch it…I’m carrying a Concealed Weapon…MY LAWYER!
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Mark J. McClenathan
- Partner
Mark concentrates his practice in commercial and civil litigation. He has extensively defended product liability, professional and construction liability, trucking, and agriculture liability cases. He is chair of the firm's Construction Practice. Mark has handled cases in state courts in more than 19 counties in northern Illinois, including Cook County, and in federal court in the Northern District of Illinois. He has successfully tried numerous high-exposure construction, trucking, and product liability cases to verdict. In October 2012, Mark obtained a defense verdict for a trucking company in a wrongful death lawsuit in LaSalle County, IL where the plaintiff claimed violations of numerous federal and state trucking regulations. Mark has an extensive background in building construction and mechanics. Mark has also successfully defended product liability cases involving construction equipment, automobiles and trucks, industrial equipment and machine tools, and hunting products. Mark has represented manufacturers and retailers of ladders, cranes, machine tools, engines, fuel systems (in semi-tractor trucks and luxury yachts), deer hunting stands, electrical systems and equipment, food manufacturing equipment, amusement park attractions, building materials, and lawnmowers. He has represented numerous general and subcontractors in building, civil and road projects. As part of his professional liability practice, Mark has defended engineers, architects, agents and brokers, and real estate appraisers. Mark has successfully defended farmers, farm service companies and co-ops, and grain storage facilities. Mark has recently defended cases involving chemical spills and spray drift/off target claims, crop and nursery damage claims, farm equipment accidents, and grain bin fatalities. In addition, Mark has represented clients in the areas of business and corporate law, construction law, and real estate. Also, Mark has represented municipalities and clients before various governmental bodies, and has experience in annexations, subdivisions and
developments, zoning, and intergovernmental agreements. Mark joined Heyl Royster in 1989, and became a partner with the firm in 1998. Prior to joining Heyl Royster, Mark worked for the legal department of the Defense Logistics Agency (Defense Contract Services) of the Department of Defense in Chicago; the legal departments of Land O'Lakes, Inc. in St. Paul and 3M Corporation in Minneapolis. Significant Cases Represented a restaurant and bar at trial in a
wrongful death lawsuit in Winnebago County, IL involving the shooting of the plaintiff decedent. Obtained summary judgment on the Dram Shop counts before trial, and obtained a defense verdict on the remaining negligence counts at trial.
Represented a trucking company at trial in a wrongful death lawsuit in LaSalle County, IL where the plaintiff claimed violations of numerous federal and state trucking regulations. At trial, Mark obtained a defense verdict.
Defended and obtained dismissal of a federal lawsuit filed against the designer and builder of an ethanol plant in which the owner claimed lost income and production resulting from several fires at the plant.
Represented civil engineers and highway construction contractors in defense of complex claims relating to road construction design, construction supervision, and alleged road defects (such as failed concrete, pavement markings, construction signage), leading to personal injuries and wrongful death claims. Mark obtained dismissal of all claims.
Defended a complex claim, including claims for injunctive relief and breach of contract, brought by an Illinois municipality against its cable franchisee for alleged violations of a Franchise Agreement, including litigation over the interpretation of the amended Illinois Cable and Video Customer Protection Law, 220 ILCS 5/22-501(b)(3) and related municipal regulations.
Learn more about our speakers at www.heylroyster.com
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Defended and obtained dismissal of a federal claim against a farm service for negligently spraying a farmer's corn crop with a herbicide in violation of federal statues, rules and regulations, and allegedly destroying his corn crop.
Defended and obtained dismissal of two separate preferential treatment claims in the U.S. Bankruptcy Court against creditors of companies filing for bankruptcy, and successfully prosecuted a Section 523 Complaint to Determine the Dischargeability of a Debt in a construction case.
Transactions Assisted various municipalities on
incorporations; drafting new or amending existing zoning, subdivision, and general ordinances; drafting comprehensive plans; negotiating and drafting border agreements and annexation agreements.
Represented municipalities in court on border disputes.
Represented municipalities before administrative boards on disciplinary proceedings (including police issues).
Represented Ken Rock Community Center on sale of commercial/school property.
Publications "Proposed Law Would Not Allow Counties to
Set Standards for Wind-Farms," Heyl Royster Governmental Practice Client Alert, 2014
"Sale of Goods - Disclaiming of Warranties and Consequential Damages," Heyl Royster Business & Commercial Litigation Newsletter, 2014
"Municipal Bankruptcy - Can an Illinois Municipality File for Bankruptcy Protection?," Heyl Royster Governmental Newsletter, 2014
"Protect Your Business - The Three Component Test For Restrictive Covenants In Employment Contracts," June 2013, Heyl Royster Business & Commercial Litigation Newsletter, 2013
"The Effect of The Illinois Firearm Concealed Carry Act on Municipalities" (2013)
Public Speaking “Discrimination and Retaliation (Civil Rights Act,
ADEA, ADA, and other)” Recent Legal Decisions Affecting Businesses & Employers, Heyl Royster Seminar (2015)
“Staying Out of Litigation: When to Require Liability Waivers” IAPD/IPRA “Soaring to New Heights” Conference (2015)
“New Concealed Carry Law Considerations for Employers” Illinois Defense Counsel Seminar, Chicago (2014)
“How to Use Technology Advancements in Construction Litigation” Illinois Association of Defense Counsel and the Illinois Insurance Association Spring Symposium (2014)
“Medical Cannabis: A Primer For Employers and Governmental Entities” Heyl Royster Lunch & Learn Seminar/Webinar (2014)
“Building Your Community's Future: Best Practices for Local Government Construction Projects” (2013)
“Uninsured and Underinsured Arbitration” ISBA Insurance Section, Chicago (2011)
“Uninsured and Underinsured Motorist Law Update” Heyl Royster Claims Seminar (2010 and 2011)
Professional Recognition Selected as a Leading Lawyer in Illinois. Only
five percent of lawyers in the state are named as Leading Lawyers
Winnebago County Pro Bono Volunteer of the Year (1990)
Court certified mediator, Winnebago County Professional Associations Winnebago County Bar Association Illinois State Bar Association Illinois Association of Defense Trial Counsel
(Vice-Chair, Construction Law Committee 2014-2015)
Defense Research Institute Court Admissions State Courts of Illinois United States District Court, Northern District
of Illinois Education Juris Doctor, Hamline University School of Law,
1987 Bachelor of Arts (magna cum laude), University
of Wisconsin - Eau Claire, 1984 Porter Scholar, Beloit College, 1979-1980
Learn more about our speakers at www.heylroyster.com
