Examines Illinois Appellate Court ruling that lack of jury trial didn’t outweigh untimely motion nor void judgment made when court had proper jurisdiction
This entry was posted in Personal Injury and tagged Illinois Appellate Court, Personal Jurisdiction, Subject Matter Jurisdiction on .
Analyzes Illinois Appellate ruling denying improper venue and forum non conveniens in case where co-defendant was dismissed after time required to appear
This entry was posted in Professional Liability and tagged Forum, Forum Non Conveniens, Illinois Appellate Court, Improper Venue, Venue on .
Analyzes the importance of an attorney’s client being legally defined as an insurance producer versus an insurance agent or insurance broker
This entry was posted in Insurance Law and tagged Illinois Appellate Court, Insurance Agent, Insurance Broker, Insurance Producer on .
In Illinois, statutes provide protection to a disabled person with respect to the time within which a cause of action for personal injury will accrue. Under traditional legal thought, the cause of action begins to accrue and the statute of limitations begins to run immediately on the date of injury. In cases where the injury […]
This entry was posted in Illinois Law, Statute of Limitations and tagged Disabled Person, Illinois Appellate Court, Personal Representative, Statute of Limitations Trigger on .
The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most […]
This entry was posted in Cybersecurity, Illinois Biometric Information Privacy Act and tagged BIPA, Illinois Appellate Court on .
In Campbell v. General Electric, 2018 IL App (1st) 173051, the Appellate Court of Illinois, First District, recently reversed the Cook County Circuit Court’s finding of personal jurisdiction over General Electric (“GE”) in an asbestos case. In directing that GE be dismissed from the case due to a lack of personal jurisdiction, the court struck down […]
This entry was posted in Toxic Tort and tagged Asbestos, Illinois Appellate Court, Personal Jurisdiction on .
Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]
This entry was posted in Illinois Law, Medical Malpractice and tagged Illinois Appellate Court on .
In a recent decision, the Illinois Appellate Court, Third District, considered what should and should not be considered by a trial court when making a determination on a motion to stay a declaratory judgment action on insurance coverage pending resolution of the underlying litigation. Pekin Insurance Company v. Johnson-Downs Construction, Inc., 2017 IL App (3d) […]
This entry was posted in Commercial Litigation, Illinois Law, Insurance Law and tagged Illinois Appellate Court, Insurance on .
Judicial estoppel, also known as estoppel by inconsistent positions of law, precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Often, it is asserted as an affirmative defense in a personal injury lawsuit where the plaintiff failed to disclose the existence […]
This entry was posted in Civil Litigation, Commercial Litigation, Illinois Supreme Court, Torts and tagged Bankruptcy, Illinois Appellate Court, Judicial Estoppel on .
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim would have been non-compensable as untimely under the law’s repose provisions. The Decedent was allegedly […]
This entry was posted in Asbestos and tagged Illinois Appellate Court, Restatement (Second) of Conflicts of Laws, Statute of Repose, Workers Compensation Exclusive Remedy on .
