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 […]
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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 .
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 .
Read Your Insurance Policy Carefully: Insured Bound to Terms of Policy Despite Alleged Representations by Insurer’s Agent
February 6, 2018
As we have learned in recent days, we all need to be careful with the things we say, for sometimes those things we say can be used against us. But the life lessons do not end there. We also need to read things carefully, for the things we fail to read can be used against […]
This entry was posted in Civil Litigation, Commercial Litigation, Illinois Law, Insurance Law and tagged Discrepancy rule on .
Missouri Appellate Court Finds Ambiguity in Anti-Stacking Provision, Allows Stacking of Limits of Liability in Four Separate Auto Liability Policies
February 1, 2018
The Missouri Court of Appeals, Southern District, issued an opinion on Jan. 31, 2018, in Shelter Mutual Insurance Company v. Lester that allowed stacking of full auto liability coverage policy limits on four separate policies. The underlying matter involved bodily injury claims brought by multiple claimants. Each of the auto insurer’s liability policies had applicable […]
This entry was posted in Civil Litigation, Commercial Litigation, Insurance Law, Missouri Insurance Law and tagged Missouri Court of Appeals, Stacking on .