Showing all results for category “CM Reports”
East Coast CM Report of Recent Decisions – 2021 Volume 2
Tolled Versus Suspended, The Second Department Interprets Governor Cuomo’s Executive Order Extending Legal Deadlines
As a result of the COVID-19 pandemic, New York State Governor Andrew Cuomo issued a number of Executive Orders that had a wide ranging effect on the legal system and certainly on the society at large.
Skin In The Game: Insurers’ Standing To Seek Subrogation For Attorneys’ Malpractice In Defending Insureds
by Anne E. Kevlin and Paul V. Esposito
It’s stating the obvious, but we live in a litigious society. Truth be told, there is probably a lawsuit or two we’d all like to file.
Forum Non Conveniens—Persistence Conquers Plaintiff’s Forum Shopping
by Scott R. Shinkan and Alexander J. Brinson
Introduction
A motion based on forum non conveniens is a great tool that allows a court to dismiss or transfer a case to a forum better suited to hear the case.
Extrinsic Evidence Properly Considered In Coverage Denial For Sexual Molestation
by Don R. Sampen
The evidence on which an insurer may rely in making a decision whether to defend an insured constitutes a frequent issue in liability coverage matters. Some jurisdictions subscribe to the “eight corners” rule,
Illinois Supreme Court Decides “Unanswered Question” Under The Illinois Contribution Act
by Melinda S. Kollross
In Volume 3 of our 2020 CM Report, we reported on an order issued by the United States Court of Appeals for the Seventh Circuit in Roberts v.
United States Supreme Court Holds That Prevailing Defendants On Appeal Are Entitled To The Full Amount Of Premium Supersedeas Bond Costs From A Losing Plaintiff
by Melinda S. Kollross
In City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334 (U.S. 5-27-21), the Supreme Court issued a unanimous ruling crucial and beneficial to defendants seeking to stay a money judgment in federal court pending appeal.
More Tales From The Minefield—Or Why Appellate Counsel Is A Must During Litigation
by Melinda S. Kollross
In this quarter’s Sidebar, we report on two recent federal appellate decisions illustrating the wisdom of employing trained appellate practitioners.
Rexing Quality Eggs v. Rembrandt Enterprises,
CM Report of Recent Decisions – 2021 Volume 2
More Tales From The Minefield—Or Why Appellate Counsel Is A Must During Litigation
In this quarter’s Sidebar, we report on two recent federal appellate decisions illustrating the wisdom of employing trained appellate practitioners.
Insurer Wins First Appellate Decision Addressing COVID-19 Business Interruption Coverage
By Melinda S. Kollross
In the first appellate decision nationwide addressing business interruption coverage for COVID-19 pandemic related losses, the Eighth Circuit ruled for the insurer, holding that Cincinnati Insurance Company does not have to pay an Iowa dental clinic for losses due to government-imposed COVID-19 restrictions.
Alert On Illinois Personal Injury And Wrongful Death Actions: Prejudgment Interest On Those Judgments Is Effective On July 1, 2021.
By Melinda S. Kollross and Amy R. Paulus
We had earlier reported on efforts by the Illinois legislature to assess prejudgment interest on personal injury and wrongful death judgments. That legislation stalled, but a compromise bill was passed and signed into law on May 28,