Heyl Royster

 

Emily Perkins

Emily Perkins


Significant Cases

  • D.R. v. Individual Realtor and Realty Company (2017) - Obtained defense verdict for real estate agent in a jury trial in which plaintiff claimed damages related to representations made in the course of the purchase of a home. One year after purchasing the home, the plaintiff experienced a septic tank failure that resulted in damage to his basement. The plaintiff claimed that he was unaware that the home was serviced by a septic tank and that the agent misrepresented that the home was connected to city sewer. The court granted summary judgment prior to trial on the plaintiff’s claims of fraudulent concealment, breach of contract, and professional malpractice. The judge granted the firm’s motion to strike a negligence per secount at trial. Following trial, the jury entered a defense verdict as to the fraudulent misrepresentation count, and the judge entered judgment in favor of the defendants as to counts relating to the Illinois Consumer Fraud and Deceptive Business Practices Act and breach of fiduciary duty claims.
  • Young v. ___ (C.D. Ill 2017) - Represented seven clinical therapists in an inadequate mental health treatment claim. The court granted the defendants’ summary judgment motion and agreed that the plaintiff could not support his claim by demonstrating that any of the individual defendants failed to provide him sufficient mental health treatment. The defendants provided evidence, including the plaintiff’s clinical progress notes which established the plaintiff’s engagement in the treatment process, to defeat the plaintiff’s claim.
  • Adams v. ___ (C.D. Ill 2017) - Successfully defended grievance examiner of a state facility in two religious claims: the Religious Land Use and Institutionalized Persons Act claim and a First Amendment claim for the freedom of religion. The Central District granted the defendant’s summary judgment motion and agreed the policies at the facility did not have any effect on the plaintiffs’ religious beliefs. Furthermore, the facility’s failure to initiate a specific non-denominational Christian church service for these plaintiffs was not a violation of the plaintiffs’ First Amendment right because there are currently several Christian church services for the plaintiffs to attend.
  • Hughes v. ___ (C.D. Ill 2017) - Defended grievance examiner in a claim relating to the quality of food at a state facility. The court agreed that the grievance examiner had no control over the food service. Additionally, the grievance examiner properly addressed the plaintiff’s concerns outlined in his grievances and attempts to resolve. The court granted the defendant’s summary judgment motion.
  • Poole v. ___ (2015) - Successfully argued summary judgment motion in state court as it related to Plaintiff’s cause of action for deliberate indifference for failing to protect him from another inmate as well as deliberate indifference to his medical needs against jail personnel. The court agreed that there was no evidence that the plaintiff’s attacker was a specific risk of harm to the plaintiff and that the defendants were not personally involved in administering plaintiff’s medication or medical treatment.
  • Strickland v. ___ (C.D. Ill 2016) - Defended jail personnel in a claim for deliberate indifference to plaintiff’s serious medical needs due to a back brace that was allegedly confiscated during his incarceration. The Central District granted defendants’ summary judgment motion based on the fact that the defendants lacked personal involvement as it related to any alleged confiscation of a back brace as well as any personal involvement in his medical care or treatment.

Publications

  • “Certain Patient Records Deemed Privileged Under Patient Safety Act,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • "Interlocutory Appeals of Certain Orders" chapter in Illinois Civil Appeals: State and Federal, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • "Expert Discovery," chapter in Medical Malpractice, Illinois Institute for Continuing Legal Education (2018) - Read Excerpt
  • “Temporary Labor and the Illinois Responsible Job Creation Act,” InterBusiness Issues (2018) - Download Article
  • “The Naked Truth: The Constitutionality of Public-Nudity Ordinances,” Illinois Defense Counsel Quarterly (2018) - Download Article
  • "Survey of Illinois Law: Employment Law," Southern Illinois University Law Journal (2015) - Download Article; (2017) - Download Article
  • “The Tort Immunity Act,” Illinois Defense Counsel Quarterly Monograph (2017) - Download Article
  • “Seventh Circuit Addresses the Parameters of Class-of-One Equal Protection Claims,” Illinois Defense Counsel Quarterly (2017) - Download Article
  • “Union Jobs Replaced by Technology Results in Unfair Labor Practice Charge,” Employer’s Edge - Heyl Royster Employment Newsletter (2017) - Read Article
  • “The Motor Carrier Overtime Exemptions: The Importance of Proper Employee Classification,”  Heyl Royster Trucking Practice Newsletter (2016) - Read Article
  • “How Can Employers Respond to Race Discrimination? Promote Diversity," Employer's Edge - Heyl Royster Employment Newsletter (2016) - Read Article
  • "High Heels in the Workplace: Can Employers Still Require Women to Wear Them?," Employer's Edge - Heyl Royster Employment Newsletter (2016) - Read Article
  • "Do Not Hire: Illinois Supreme Court's Decision Regarding Mandatory Grievance Arbitration," A Lesson Learned Newsletter/Employer's Edge - Heyl Royster Education & Employment Newsletters (2016) - Read Article
  • "Seventh Circuit Addresses Public Employee Speech," Illinois Defense Counsel Quarterly (2016) - Download Article
  • "Severance Agreement Upheld by Seventh Circuit Proves Big Win for Employers," Employer's Edge - Heyl Royster Employment Newsletter (2016) - Read Article
  • "An Overview of New Laws Affecting Illinois Employers in 2016," Employer's Edge - Heyl Royster Employment Newsletter (2016) - Read Article
  • "It's What You Say AND How You Say It: How to Properly Conduct Business Succession Planning," Employer's Edge - Heyl Royster Employment Newsletter (2015) - Read Article
  • "Whose Right of Way is it Anyway?," Heyl Royster Governmental Newsletter (2015) - Read Article
  • “Supreme Court Limits the Scope of Personal Jurisdiction,”  DRI, The Voice - Weekly Feature (2015) - Read Article
  • "Regulating Appearance in the Workplace," Employer's Edge - Heyl Royster Employment Newsletter (2015) - Read Article
  • "Supreme Court Places Burden on Employers to Address Religious Accommodations," Employer's Edge - Heyl Royster Employment Newsletter (2015) - Read Article
  • "Interlocutory Appeals of Certain Orders" chapter in Civil Appeals (Illinois): State and Federal 2015, Illinois Institute for Continuing Legal Education (2015)
  • "Affidavit and Health-Professional's Report Requirements Extended to Medical Battery Claims," Illinois Defense Counsel Quarterly (2015) - Download Article
  • "Illinois Appellate Court Allows Recovery of Extraordinary Expenses in Wrongful Pregnancy Action," Heyl Royster Medicolegal Monitor Newsletter (2015) – Read Article
  • “Public Bodies Prohibited from Requiring Community Members to Disclose Address Before Public Comment,” Illinois County Magazine (2015) - Read Article
  • "Illinois 'LEADS' Information Exempt from Disclosure under FOIA," National Law Review (2014)
  • "Illinois Shooting Ranges Permissible Under Definition of Private Recreation in Zoning Code," National Law Review (2014)
  • "Regulating Appearance in the Workplace: An Employer's Guide to Avoid Employment Discrimination Lawsuits," National Law Review (2014)
  • "Conviction Reversed for Illinois DUI Offense Outside the Corporate Limits," National Law Review (2014)
  • "'Distraction Exception' Narrowed by Illinois Supreme Court Re: Personal Injury," National Law Review (2014)
  • "Recovery of Extraordinary Expenses Permitted in Wrongful Pregnancy Action," International Association of Defense Counsel Medical Defense and Health Law Committee Newsletter (2014)

Public Speaking

  • “Sexual Harassment Prevention and Tips”
    IAPD/IPRA Soaring to New Heights Conference 2019
  • “Sexual Harassment Update for Public Employers”
    Heyl Royster’s 33rd Annual Claims Handling Seminar 2018
  • “Sexual Harassment Update for Public Employers”
    Heyl Royster “Sunshine Laws” Governmental Seminar 2018
  • “How to Minimize Cyber Liability”
    104th Annual Illinois Municipal League Conference 2017
  • “Premises Liability Update”
    Heyl Royster's 32nd Annual Claims Handling Seminar 2017
  • “Ethics in Employment Law”
    National Business Institute: Illinois Employment Law 2017
  • “Cyber Liability for Public Bodies”
    Illinois Association of County Board Members New Employment Laws Seminar 2017
  • “Mitigating Volunteer Liability”
    IASB/IASA/IASBO’s Joint Annual Conference 2016
  • “Sexual Harassment Awareness and Prevention”
    Heyl Royster Employers' Day Seminar 2016
  • “Social Media - Must Know Legal and Insurance Risks”
    Kuhl & Company Insurance Quarterly Seminar 2016
  • “The Lindbergh Kidnapping/Murder Trial and Transactions with Clients”
    PCBA and MCBA Professional Ethics Seminars - Tried and True: Part III 2016
  • “Harassment-Free & Diversity Workplace Awareness Training”
    Peoria Area Convention and Visitors Bureau 2016
  • “2016 Legislative Update for Public Employers”
    Heyl Royster Lunch & Learn Governmental Seminar 2016
  • “New Laws Affecting Illinois Employers”
    Heyl Royster Annual Employment Seminar/Webinar 2015
  • “Recent Legal Decisions Affecting Businesses and Employers”
    Heyl Royster Lunch & Learn Commercial Litigation Seminar/Webinar 2015