Showing all results for category “CM Reports”

Pain-killer: Oklahoma Limits Public Nuisance Liability

January 18, 2022 / CM Reports / Writing and Speaking

by Paul V. Esposito

Some adages can use refinement. There’s the one about the only certainties in life being death and taxes. Right with them is pain, which for most people comes sooner than the other two.

Federal And State Appellate Tribunals Continue To Rule For Insurers On COVID-19 Business Interruption Claims

January 18, 2022 / CM Reports / Writing and Speaking

by Melinda S. Kollross

In Volume 3 of our 2021 CM Report, I reported on a growing body of federal appellate precedent holding that first-party property policies do not cover COVID-19 business interruption losses.

California Appellate Court Rules COVID-19 Death Suit May Proceed Against Widow’s Employer

January 18, 2022 / CM Reports / Writing and Speaking

California Appellate Court Rules COVID-19 Death Suit May Proceed Against Widow’s Employer

by Melinda S. Kollross

A California appellate court recently ruled that plaintiff’s employer must face a lawsuit alleging that plaintiff contracted COVID-19 at work and infected her husband,

The Seventh Circuit Warns That Appellate Practice Is A Minefield With Traps For The Unwary

January 18, 2022 / CM Reports / Writing and Speaking

by Melinda S. Kollross

The Seventh Circuit’s decision in Association of American Physicians and Surgeons, Inc. v. American Board of Medical Specialties, 15 4th 831 (7th Cir. 2021), is not remarkable for its ruling on the merits of the dispute.

SIDEBAR – No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr., 2021 IL 126748

January 18, 2022 / CM Reports / Writing and Speaking

by Melinda S. Kollross

In Gretencord-Szobar, 2021 IL App (3d) 200015, this author defended a medical malpractice defense verdict in the Illinois Appellate Court, Third District, against plaintiff’s argument that a new trial should have been ordered because the trial court refused to give a non-IPI jury instruction explaining the lost chance doctrine to the jury.

CM Report of Recent Decisions – 2021 Volume 4

January 12, 2022 / CM Reports

No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr.

East Coast CM Report of Recent Decisions – 2021 Volume 3

October 22, 2021 / CM Reports

New Jersey Appellate Court Refuses To Reform Insurance Policy To Reflect The Owner As An Additional Insured

In Affiliated FM Ins. v. Rothschild Realty I, L.P., 2021 N.J. Super. Unpub.

Federal Appellate Courts Rule For Insurers On COVID-19 Business Interruption Claims

By Melinda S. Kollross

To date, four separate Federal Circuits have issued 7 decisions all holding for insurers on COVID-19 business interruption claims. A body of precedent is being built that can now be cited by the insurance industry at both the trial and appellate level in both state and federal court. 

Seventh Circuit Rules A Partnership Made Up Of At Least One Stateless Citizen Is Itself Stateless And Cannot Be Sued In Federal Court Based Upon Diversity Jurisdiction

October 14, 2021 / CM Reports / Writing and Speaking

By Melinda S. Kollross

In Page v. Democratic National Committee, 2 F.4th 630 (7th Cir. 2021), the Seventh Circuit issued a subject matter jurisdiction ruling regarding diversity jurisdiction that could affect cases being currently prosecuted/defended in federal court,

TransUnion LLC v. Ramirez: SCOTUS Puts A Lid On Class Actions Brought In Federal Court To Merely Redress Statutory Violations Without Class Members Suffering Any Concrete Harm

October 14, 2021 / CM Reports / Writing and Speaking

By Melinda S. Kollross

The United States Supreme Court’s decision in TransUnion LLC v. Ramirez, ___ U.S. ___, 114 S. Ct. 2190 (2021), is significant to the insurance and defense bar as it may represent a formidable obstacle for class action plaintiffs’ lawyers to overcome in bringing statutory private right of actions for damages,

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Lory

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman