CM Report of Recent Decisions
2007 Volume 4
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Articles in this report
Big Daubert Hurdles In Fire & Explosion Litigation - Revisiting The Importance Of Testing An Expert's Theories
Previously, we discussed the general principles governing admissibility of expert testimony in fire and explosion litigation since the U.S. Supreme Court’s ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Failure to meet the “testing factor” has become, under certain circumstances, a significant hurdle for ensuring that the fact finder is provided with the often crucial expert opinion testimony.
ERISA Statutory Overview and Fiduciary Duties
Following is a brief introduction to ERISA and the fiduciary duties imposed thereunder. It may be of particular interest to employers and to insurers issuing fiduciary liability and/or professional errors and omissions (“E & O") policies.
FACTA Or Fiction? Printing Electronic Credit Card Receipts Can Cost A Business Millions Of Dollars
A flood of new class action cases have been filed against business owners allege willful violations of the Fair and Accurate Credit Transactions Act. The complaints typically accuse business owners of placing consumers at risk for identity theft by failing to truncate card numbers and expiration dates on credit card and debit card receipts provided to cardholders during business transactions.
Florida Federal Courts Split On Whether Federal Repeal Of Vehicle Lessor Vicarious Liability Is Constitutional
Three recent Florida Federal District Court decisions have reached differing conclusions on whether Congress exceeded its Commerce Clause power in enacting the Graves Amendment to the Transportation Equity Act. The Graves Amendment was signed into law in 2005 and provides that vehicle lessors may not be held vicariously liable for the negligence of those who rent from them.
Glimmer Of Hope For Employers In Multi-Employee "Pattern And Practice" Harassment Litigation
May the EEOC, on behalf of a large group of employees, bring a “pattern and practice” sexual harassment lawsuit and recover compensatory and punitive damages for all members of the group, regardless of whether or not individual employees were subjectively offended by the conduct?
Kajima: Illinois Supreme Court Holds Horizontal Exhaustion Prevails Over Targeted Tender
Providing uniformity to the myriad Illinois appellate decisions addressing allocation in Illinois, the Illinois Supreme Court holds that all primary policies must be exhausted prior to reaching excess policies in Kajima Const. Services, Inc. v. St. Paul Fire & Marine Ins. Co., 2007 WL 4200949 (Ill. Nov. 20, 2007).
Ohio Appellate Court Holds That Collapse Coverage Exists After Bricks Fall Off Of Insured Property
The Ohio Court of Appeals, Fifth District recently considered whether a first party property insurance policy that stated “[w]e will pay for direct physical loss or damage … caused by collapse of a building or any part of a building” provided coverage for claimed property damage consisting of a bowed wall and crumbling bricks.
Protect Your Appellate Records: Ask For Jury Instructions Explaining The Operation And Effect Of Joint And Several Liability
The Illinois legislature modified the common law rule of joint and several liability through 735 ILCS §2-1117. A minimally responsible tortfeasor (i.e., less than 25%), has several liability only. Unzicker v. Kraft Food Ingredients Corp., 203 Ill. 2d 64, 78, 783 N.E.2d 1024 (2002).
