General Contractor Can Be Liable For Subcontractor Mishap: The ‘Retained Control’ Exception

In Lederer v. Executive Construction, 2014 IL App (1st) 123170, a drywall subcontractor’s employee sued a general contractor and an electrical subcontractor after the stilt-walking employee tripped on an uncovered electrical outlet at a downtown (Chi.) office building construction site.  The outlet was left uncovered by the electrical subcontractor who was hired by the general contractor.  The …

The IL Fiduciary Obligations Act: Added Protection Against Bank Liability

Professional Business Automation Technology, LLC v. Old Plank Trail Community Bank, 2014 IL App (3d) 130044-U presents a recent illustration of the Fiduciary Obligations Act, 760 ILCS 65/7 (the “Fiduciary Act”) – a statute that immunizes banks from liability to a corporate customer that gets fleeced by a high-ranking employees. The only exceptions are where the …

Online Merchant Has No Duty to Protect Victims From Criminal Acts – Seventh Circuit 8.12.14

The Seventh Circuit recently examined the nature and scope of the legal duty owed by an Internet retailer to prevent a criminal attack on a third party.  In Vesely v. Armslist, LLC, (http://docs.justia.com/cases/federal/appellate-courts/ca7/13-3505/13-3505-2014-08-12.pdf) the plaintiff filed a wrongful death suit on behalf of his sister who was murdered by someone who purchased a handgun on Armslist.com …