Hepler Broom, LLC

Do ISO’s New “Access or Disclosure of Confidential or Personal Information and Data-Related Liability” Exclusions Eliminate Insurance Coverage for Cyber Liability and Data Breach Claims?

May 5, 2014

A New York trial judge’s recent decision in Zurich American Insurance v. Sony Corporation of America has set the legal blogosphere aflutter with arguments and counter-arguments as to whether cyber liability and data breach claims fall within the “Personal and Advertising Injury Liability” coverage section (Coverage B) afforded by most commercial general liability (CGL) policies. […]

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 […]

HeplerBroom LLC Helps Secure Dismissal of Corporate Officers in Securities Class Action

April 10, 2014

On March 18, 2014, District Judge Stephen N. Limbaugh, Jr. issued a Memorandum and Order dismissing the former Chief Executive Officer and Chief Financial Officer of Patriot Coal Corporation in a stock drop securities class action filed in the Eastern District of Missouri.   Glenn E. Davis, Partner in HeplerBroom LLC’s St. Louis office assisted Sidley […]

Are Data Breach Claims Covered by a Commercial General Liability Policy?

April 1, 2014

“Hello, Mr. Jones. Did you just try to make a $10,000 jewelry purchase in Brazil?” To put it mildly, that is not the type of question that want your customers– or as an insurance company, the customers of your policyholder– to receive. All too often, however, despite the best security efforts, data breaches of sensitive […]

Illinois’ Eavesdropping Statute Overreaches

March 31, 2014

Free Speech Trumps Conversational Privacy In a recent pair of decisions, the Supreme Court of Illinois resolved the tension between freedom of speech and privacy in favor of freedom of speech. In People v. Clark, 2014 IL 115776 the Court held that Illinois’ eavesdropping statute was so overbroad it violated the First Amendment of the […]

SCOTUS Washes Out Manufacturers’ Challenge to Consumer Class Actions

March 3, 2014

Supreme Court Refuses to Review Consumer Appliance Defect Class Actions Critics of the Supreme Court as consistently “pro-business” welcomed the Court’s February 24, 2014 order denying certiorari in a series of consumer class action cases alleging defects in millions of front loading washing machines.  A pair of recent Sixth Circuit and Seventh Circuit decisions, and […]

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 […]