Analysis of appellate court decision reversing defense verdict based on prejudicial closing argument comments
This entry was posted in Civil Litigation and tagged Closing Arguments on .
Category Archives: Civil Litigation
Illinois Appellate Court Ruling on Forum Non Conveniens Venue Transfers
December 22, 2020
Illinois Appellate Court says place of injury is most significant factor in weighing public interest factors for venue transfers
This entry was posted in Civil Litigation and tagged Forum Non Conveniens, Motion to Transfer on .
In the Seventh Circuit it has long been acceptable to file a Motion to Dismiss in order to enforce a forum selection clause. See Auto. Mechanics Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc., 502 F.3d 740, 746 (7th Cir. 2007). But a just-published case out of the Northern District of […]
This entry was posted in Civil Litigation, Forum Selection and tagged Motion to Dismiss, Motion to Transfer, Venue on .
Three Strategies for Successfully Resolving Your Case
December 14, 2018
We hear that as many as 95% of all civil cases settle or are otherwise resolved without a trial. A civil trial lawyer’s job is to be ready, willing, and able to handle the 5% of cases that do go to trial. We read appellate cases that decide issues in those cases that go to […]
This entry was posted in Civil Litigation on .
The Madison County Circuit Court recently held that a distributor has a duty of care/duty to warn a secondary exposure plaintiff in the matter of Iben v. A.W. Chesterton Company, et al. In reaching this conclusion, the Court denied defendant Graybar Electric Company’s Motion for Summary Judgment. Iben is a wrongful-death claim arising from allegations […]
This entry was posted in Civil Litigation and tagged Legal Duty on .
Illinois courts have long made clear that when a conflict of interest exists between an insured and its insurer, the insured is entitled to independent counsel of the insured’s own choosing and at the insurer’s reasonable expense. See Maryland Cas. Co. v. Peppers, 64 Ill.2d 187, 193 (1976). What is less clear, however, is when […]
This entry was posted in Civil Litigation, Illinois Law, Insurance, Insurance Law and tagged Independent Counsel, Punitive damages on .
When Independent Insurance Producers are Not-So-Independent: Illinois Appellate Court Rejects Insurer Request for Policy Rescission Due to Producer Conduct
February 27, 2018
Independent insurance producers often are thought to be, well, independent from the insurance companies for which they sell policies. Independent producers typically sell insurance policies for a number of carriers, and often work with intermediaries to sell policies for even more carriers, so that they can offer their policyholder clients the insurance product most suitable […]
This entry was posted in Civil Litigation, Commercial Litigation, Insurance Law and tagged Appellate Review, Broker Liability, Right to Rescind on .
Standing in Data-Breach Cases – Risk of Future Injury Remains Unsettled: SCOTUS Skirts Apparent Circuit Conflict
February 20, 2018
Today the U.S. Supreme Court denied a cert petition in a matter aimed at resolving whether a plaintiff who alleges a substantial risk of harm in the future has standing under Article III of the Constitution. A ruling in the case, CareFirst v. Attias, would have had major implications for data-breach litigation and in class […]
This entry was posted in Civil Litigation, Class Actions, U.S. Supreme Court and tagged Cyber Breach, Data Breach, Standing on .
Illinois District Court Applies Bristol-Myers to Class Actions as well as Mass Tort Cases
February 20, 2018
In a recent decision, the Northern District of Illinois held the U.S. Supreme Court’s seminal decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) applied to jurisdiction determinations in class actions. In so holding, the court in DeBernardis v. NBTY, Inc. No. 1:17-cv-06125 (N.D. Ill. Jan. 18, 2018) placed […]
This entry was posted in Civil Litigation, Class Actions and tagged Personal Jurisdiction on .
In the seminal case outlining the contours of permissible civil liability against religious organizations, the Missouri Supreme Court in Gibson v. Brewer made clear that civil courts must not be in the business of analyzing or interpreting religious doctrine and administration. Any such “excessive entanglement” between church and state has the effect of inhibiting religion, […]
This entry was posted in Civil Litigation, First Amendment and tagged Clergy, Missouri Court of Appeals, Sexual Abuse Claims on .
