CM Report of Recent Decisions (2011v4)
2011 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. The PDF version is now interactive.
Articles in this report
*Be Aggressive In Attacking Class Actions—Look For Misconduct Of Class Counsel
The Seventh Circuit overturned a lower court's decision allowing a lawsuit to proceed as a class action, criticizing the class action plaintiff's counsel for a lack of integrity in bringing the action. The case is Creative Montessori Learning Centers v. Ashford Gear LLC, No. 11-8020, 2011 WL 5924421 (7th Cir. 2011).
California Supreme Court Holds That Cal-OSHA Safety Regulations Are Delegable
California's Privette doctrine holds that employees of independent contractors injured in the workplace cannot generally sue the party that hired the independent contractor unless the hirer concealed a preexisting dangerous condition or engaged in some other form of affirmative misconduct that contributed to the injury.
Failure To Present Proper Statement Of Facts In Appellate Brief Fatal To Appeal
The Illinois Appellate Court, First District reiterates that the rules of appellate procedure governing content and format of appellate briefs are not "mere suggestions" and that failure to comply can be fatal to the unwary litigant's appeal in Walters v. Rodriguez, 2011 IL App (1st) 103488, 2011 WL 5554025 (Ill. App. 1 Dist.).
Negligent Misrepresentation Found To Be An Occurrence
A homeowner's insurer had a duty to defend its insureds based on an allegation of negligent misrepresentation made by the insureds in connection with the sale of their home. USAA Casualty Ins. Co. v. McInerney, 2011 WL 5301619 (Ill. App. 2d Dist. Oct. 31, 2011).