David M. Holmes Partner

     

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Publications

  • Seventh Circuit Issues Four Coordinated Decisions Finding No Coverage for COVID-19 Losses

    Seventh Circuit Finds No Coverage for COVID-19 Losses

    December 15, 2021

    The Seventh Circuit issued four decisions on December 9, 2021, affirming the dismissal of lawsuits seeking business income coverage for losses sustained from COVID-19 closure orders. The decisions reflect the Seventh Circuit’s clear position that most all-risk property policies will not provide coverage for the massive losses sustained by businesses during the pandemic shutdowns.

  • Employment Issues Related to the COVID-19 Pandemic: A Comparative Law Review

    April 6, 2020

    Wilson Elser has compiled information on the state laws in all 50 states and the District of Columbia with respect to certain key issues that employers must or may need to address in terminating or reducing their workforce during the COVID-19 pandemic.
  • Smoking Cannabis Legally in Illinois: What’s an Employer to Do?

    Employers in Illinois Dealing with Legalized Marijuana

    January 21, 2020

    The Illinois Cannabis Regulation Tax Act permits personal and recreational cannabis use for all individuals 21 years of age or older. While there will be much to work out as Illinois navigates its new cannabis laws, employers may maintain the same standards at work that they had before the law became effective. But, they need to know and follow the new law’s requirements.

  • Employment Newsletter

    Chicago’s Paid Sick Leave Ordinance

    August 2016

  • Employment Newsletter

    Seventh Circuit on Class Action Waivers

    June 2016

  • Madison County, IL, Judge Eliminates Advance Trial Date Reservations for Asbestos Plaintiffs

    April 2, 2012

    The newly assigned judge to the asbestos docket in Madison County, IL, has ended the ability of local plaintiffs’ firms to “market” trial dates for mesothelioma cases, thereby changing the way plaintiffs’ counsel practice law in Madison County. Judge Clarence Harrison entered an order on March 29, 2012, stating that trial dates will be assigned on a case-by-case basis rather than by pre-assigned trial settings given to specific plaintiffs’ counsel.
  • Duty to Protect Employees’ Families at Issue: Is Employer Liable for Secondhand Asbestos Exposure at Premises?

    July 2011

    Amid disagreement among Illinois appellate courts, the Illinois Supreme Court will hear and should ultimately rule on employer liability in secondhand asbestos cases.
  • Employer asbestos defendant owes duty of care to families of employees

    July 2010

    On June 10, 2010, the Fifth District Illinois Appellate Court ruled in Simpkins v. CSX Corporation and CSX Transportation that employers owe a duty to protect their employees' immediate family members against take-home asbestos exposure even though no relationship exists between the employer and the family member.

  • Whether and when "English-only" rules in the workplace are discriminatory

    May 2010

    The population of the United States is becoming increasingly diverse.  Recent surveys reflect that Hispanics currently comprise more than 15 percent of the population – more than 46 million people – making them the country’s largest minority group.  As such, employers should make it a priority to become more knowledgeable about issues pertaining to Hispanic-Americans and other non-native English speakers in the workplace in order to avoid potential legal problems now and in the coming years.
  • Premises liability asbestos defendant is not liable for second-hand exposure

    June 2009

    Second-hand or bystander asbestos exposure litigation has been increasing in Illinois, but a recent Illinois Appellate Court opinion has held that premises defendants cannot be found liable under a second-hand exposure theory.  On May 29, 2009, the Second District Appellate Court ruled in Nelson, et al. v. Aurora Equipment Company, in a case of first impression, that an asbestos defendant is not liable for alleged asbestos injuries under the theory of premises liability to a plaintiff who was never present on the defendant's premises.

  • Nolan v. Weil-McLain decision changes legal landscape

    April 2009

    On April 16, 2009, the Illinois Supreme Court issued its long-awaited decision in Nolan v. Weil-McLain, providing some relief to defendants who have been barred from introducing evidence of other asbestos exposure.

Additional Publications

"Family and Medical Leave Act - The Final Rule," Association of Lloyd's Brokers Newsletter, May 2009
"The Family and Medical Leave Act," Employee Benefit Plan Review, Vol. 62, No. 11, May 2008
"Fear of Contracting AIDS: When is it a Recognized Cause of Action?," Trial Lawyers Guide, Vol. 41, No. 4, 1999