For many years Illinois has followed the “Massachusetts Rule” for snow and ice accumulations. Illinois Pattern Jury Instructions 125.04 codifies the “natural” accumulation rule and as been instrumental in allowing defendants to present strong defenses to slip and fall accidents that oftentimes result in very significant damages.

Today, the U.S. Supreme Court in Henry Schein, Inc. v. Archer & White Sales, Inc. unanimously held that where parties agree in a contract to submit even the gateway question of arbitrability to an arbitrator, the Federal Arbitration Act and Supreme Court precedent compel federal courts to honor that contractual agreement even where the arbitration demand appears ‘wholly groundless.'

Our summary of the most important labor and employment law developments from Illinois, Indiana and Wisconsin in 2018.

In Roh v. Starbucks Corp., a federal appeals court dismissed a negligence lawsuit brought by parents against Starbucks, holding Starbucks was not responsible for injuries that led to the amputation of a 3-year old child's finger who was playing in the store, because the child's parents bore the duty of protecting the child from any harm arising from his play.

(Insurer May Not Pursue Subrogation as to Rights of Insured Suspended Corporation)