Hepler Broom, LLC

Category Archives: Civil Procedure

Spokeo Speak: SCOTUS Addresses Injury-in-Fact Standing in Spokeo

May 23, 2016

A Meaningful Class Action Defense Tool? On May 16, 2016 the High Court finally spoke on Spokeo, the long anticipated case involving what injury is necessary to sustain Article III standing in federal court.  Some predicted a blow to consumer protection and privacy related class actions in which neither the class representative nor the class […]

Maritime Removals Under § 1441(b)

July 2, 2015

The Eastern District of Missouri has added itself to the wave of federal district courts finding that a 2011 amendment to the removal statute, 28 U.S.C. § 1441(b), does not permit removal of general maritime cases to federal court. Ordinarily, claims brought under general maritime (or admiralty) law can’t be removed to federal court when the […]

Seventh Circuit Rejects Class Plaintiff’s Attempt to Avoid CAFA Removal by Limiting Damages Sought in Complaint

April 23, 2014

On April 9, 2014, the Seventh Circuit issued its opinion in Johnson v. Pushpin Holdings, LLC, No. 14-8006 (7th Cir. April 9, 2014). In Pushpin, the Seventh Circuit held that before a class is certified, a statement by the named plaintiff in the complaint does not limit the amount of potential damages that the class […]

Get in that Chicken Suit! The Role of Facts Outside the Court Record in Appellate Review

April 10, 2014

The qualifications for a clerkship with a federal circuit judge are steep: high class ranking from a top law school, significant law review experience, recommendations from well-respected faculty, etc. Now another qualification may be added to that list: the ability to don and doff poultry sanitary gear in less than two minutes. Such was the […]

Does the Illinois Insurance Code Allow Judicial Review of Arbitrators’ Interlocutory Discovery Orders Prior to a Final Adjudication?

February 27, 2014

Klehr v. Illinois Farmers Ins. Co., No. 121843, 1st Dist. No. 1-12-1843 The plaintiff was a passenger in a car hit by an uninsured driver. She suffered substantial injuries. And, the driver of the car in which the plaintiff rode was underinsured. Thus, her medical costs were not fully covered by insurance from either of […]

The Confidential Good-Faith Settlement Conundrum: The Case for Full Disclosure of Settlement Terms to Non-Settling Tortfeasors

February 7, 2014

The Joint Tortfeasor Contribution Act (the Act), 740 ILCS 100/0.01, et seq., codified the Illinois Supreme Court’s opinion in Skinner v. Reed-Prentice Division Package Machinery Co., 70 Ill. 2d 1 (1977), and created a right of contribution among joint tortfeasors. BHI Corp. v. Litgen Concrete Cutting & Coring Co., 214 Ill. 2d 356, 363 (2005). […]

U.S. Supreme Court Addresses When a State can Assert General Jurisdiction of Foreign Corporations

February 7, 2014

The United States Supreme Court recently handed down a decision that may affect whether and when state and federal district courts can exercise general jurisdiction over non-resident corporations.  In Daimler AG v. Bauman, et al., US Supreme Court no 11-965 (January 14, 2014), the U.S. Supreme Court held that Daimler AG, a German Corporation with […]

SCOTUS Charts Path for Forum Selection in Federal Courts

December 10, 2013

In many commercial contexts an agreement includes a provision that selects a forum for future dispute resolution.  Frequently, when conflict arises, a party may try to avoid the selected forum and file the first case on their home turf.  The other party to the contract has to respond, but how? Atlantic Marine Construction Co., a […]