Because both people and freight must move freely across the country, operating a transportation business is often a lucrative endeavor. Still, trucks, buses and trains can be dangerous for employees, customers, vendors and others. Eventually, many transportation...
Year: 2021
Tilt-Wall Construction Gets a Second Look Following Recent Midwest Storms
The recent spate of violent storms in the Midwest has resulted in the collapse, or partial collapse of a number of “tilt-wall” buildings. Tilt-up or Tilt-wall construction is where the exterior wall is cast on-site, face down on a casting bed. After the concrete is...
Knight Nicastro MacKay, LLC Secures Early Dismissal in Asbestos Case
Peoria's Richard Tomich recently obtained a victory for a corporate client via the dismissal of an asbestos claim filed in Madison County, Illinois on behalf of a deceased former employee. The outcome was achieved shortly after receiving the case and was the byproduct...
Cook County’s New Qualified Protective Order Imposes New Hurdles for Defendants
The Illinois Supreme Court recently decided the HIPAA Qualified Protective Order (“QPO”) previously used in Cook County must be modified due to the insufficiency of privacy protections under the current order. The Court held liability insurers are now prohibited from...

KNM Team Secures Defense Verdict in Wrongful Death Case
After a five-day jury trial, KNM's Derek MacKay and Phillip Raine secured a complete defense verdict on behalf of the client, a Lawrence, Kansas bar and restaurant. The claim arose after an intoxicated bar patron fell down a set of stairs and collided with another bar...
How do savvy shop owners avoid slip-and-fall lawsuits?
If you are a small business owner, you undoubtedly spend a significant amount of time attracting new customers and retaining existing ones. While part of the equation is offering an in-demand product or service, you must also provide an appealing place for your...
Illinois Supreme Court Holds Insurer Cannot Depreciate Labor Costs
In a recent unanimous opinion authored by Justice Michael Burke, the Illinois Supreme Court answered the certified question of whether an insurer may depreciate labor costs in determining the “actual cash value” (ACV) of a covered loss when a homeowner’s policy does...

Eighth Circuit Hands Welcome Win to UIM Insurers, Reversing Western District’s Decision on “Per Occurrence” Limits of Insurance Provisions
Earlier this summer, the Eighth Circuit Court of Appeals issued a decision upholding the “Per Occurrence” limits of liability for underinsured motorist coverage under Missouri law. In Brazil v. Auto-Owners Ins. Co., the Eighth Circuit reversed the decision entered by...

A Major Change for Minor Settlements
On August 28, 2021, the State of Missouri put into effect the “Missouri Statutory Thresholds for Settlements Involving Minors Act.” This Act impacts the way that minor settlements are handled in the State of Missouri. Most importantly, court approval is no longer...

KNM Secures Defense Verdict for Class 1 Railroad in Toxic Exposure Cancer Lawsuit
After a five-day trial, jurors needed only a few minutes to return a defense verdict for BNSF Railway Company (“BNSF”) in a lawsuit in which a former employee claimed that exposure to toxic substances caused her lung cancer. Chad Knight and Erik Nelson of Knight...