CM Report of Recent Decisions
2005 Volume 4
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
Class Actions - Illinois No Longer A Judicial Hell Hole
By two split decisions issued in late 2005, the Illinois Supreme Court has slammed the door on that which may charitably be characterized as “creative” claims of economic damage.
Litigation is frequently competitive, hard-fought and fraught with many hurdles. Developing a winning case requires that you and your counsel seek the edge at every step in the journey. Big opportunities for marshalling critical testimony and evidence exist by pursuing permissible ex parte contacts with your adversary’s current and former employees. Below is a general discussion of the ethical boundaries and practical tips for effectively contacting and interviewing such witnesses.
On September 22, 2005, the Illinois Supreme Court reversed the Illinois Appellate Court, finding that the “saving provision” of Section 13-207 allowed an otherwise time-barred counterclaim for contribution.
Maintenance And Cure Denied Where Plaintiff Willfully Concealed Pre-Existing Back Trouble
In Rickey Brown v. Parker Drilling Offshore Cor., 2005 A.M.C. 827 (5th Cir. 2005), the U.S. Fifth Circuit Court of Appeals held that a Jones Act employer may deny maintenance and cure benefits to an injured seaman when the employer can establish that the seaman intentionally concealed a preexisting medical condition.
New York Court Appeals Dismisses "Second Hand Asbestos" Claim
While logic might suggest (and plaintiffs maintain) that the incidence of asbestos-related disease allegedly caused by the kind of secondhand exposure at issue in this case is rather low, experience counsels that the number of new plaintiffs’ claims would not necessarily reflect that reality.
Ninth Circuit Holds That “Willful Noncompliance” Under Fair Credit Act Does Not Require Malice Or Evil Motives But Only Conscious Or Reckless Disregard
The Fair Credit Reporting Act (“FCRA”) was implemented to ensure the accuracy and fairness of credit reporting. The FCRA limits the persons or entities which may obtain a consumer’s credit report and requires anyone who obtains such reports to notify the consumers when “adverse action” has been taken in reliance on a consumer credit report.
Second Circuit Recognizes Admirality Jurisdiction Over Insurance Policies Which Are Primarily "Maritime" In Nature
Second Circuit Recognizes Admirality Jurisdiction Over Insurance Policies Which Are Primarily "Maritime" In Nature
Sixth Circuit Predicts Michigan Legislature Did Not Intend To Invalidate Coinsurance Provisions By Repealing Coinsurance
Sixth Circuit Predicts Michigan Legislature Did Not Intend To Invalidate Coinsurance Provisions By Repealing Coinsurance Statute
The Technicalities of appellate practice: Use of an appellate specialist during every stage of the Appellate process is crucial to the successful prosecution of any appeal.
