Showing all results for category “CM Reports”

Illinois Appellate Court Reaffirms Kimbrough As “Mainstay” Authority For Obtaining Summary Judgment In Slip And Fall Cases

By Melinda S. Kollross

In 1981, the Illinois Appellate Court decided Kimbrough v. Jewel Cos., 92 Ill. App. 3d 813 (1981), holding that merely showing a slip and fall on a defendant’s premises was insufficient to satisfy proximate causation requirements.

Inflation In The Economy And Its Impact On Claims

By Eli B.Vine and Kathleen M. Klein

Introduction

As inflation continues to run rampant throughout the United States economy, we have all experienced the effects of supply chain impediments, labor shortages,

Liability For Third Party Criminal Conduct – California Court Dismisses Claim Against Uber For Assaults By Individuals Pretending To Be Uber Employees

By Tyler M. Costanzo

In Doe v. Uber Technologies, Inc., et al., 2022 Cal. App. LEXIS 477, California’s Second Appellate District analyzes liability for third-party criminal action; specifically, claims against Uber for sexual assault incidents perpetrated by individuals that misrepresented to victims that they were Uber drivers.

Client Alert: Cook County Judge Rules Illinois Prejudgment Interest Statute Unconstitutional

By Thushan M. Sabaratnam and Morgan A. Dilbeck

Cook County Circuit Court Judge Marcia Maras has ruled that the prejudgment interest Amendment to 735 ILCS 5/2-1303 violates the Illinois Constitution. The 2021 Amendment requires a defendant to extend a settlement offer within one year of plaintiff filing a major tort claim,

Update: Insurers Continue To Succeed On Appeal On COVID-19 Property Claims

By Melinda S. Kollross

The body of federal and state appellate precedent keeps growing, with nearly every appellate tribunal holding that there is no property insurance coverage for pandemic related economic losses in the absence of physical loss or damage.

The Decline Of The Proposal For Settlement

By Ramy P. Elmasri and Erick R. Rodriguez

Introduction

In the four decades since the Florida Legislature passed the offer of judgment statute, Fla. Stat. § 768.79, the Proposal for Settlement (“PFS”) has become an indispensable part of many litigants’ toolkits.

New Florida Legislation Enacted Addressing Property Insurance Crisis

By Michael J. Raudebaugh

Introduction

At the end of a special session called to address the growing insurance crisis within the state, the Florida Legislature passed two bills, Senate Bill 2-D and Senate Bill 4-D,

SIDEBAR: Gallardo v. Marstiller, No. 20-1263 (U.S. 6-6-22)—A Possible Chilling Effect On Personal Injury Litigation Brought By Medicaid Beneficiaries

By Melinda S. Kollross

In Gallardo, the United States Supreme Court held that the Medicaid Act permits a State to seek reimbursement from tort settlement payments or judgments allocated for future medical care.

COVID-19 Casualty Update: California Supreme Court Denies Review Of Appellate Decision That COVID-19 Death Suit May Proceed Against Widow’s Employer, But Accepts Certified Questions From 9th Circuit

By Melinda S. Kollross

In Volume 4 of our 2021 CM Report, I discussed See’s Candies, Inc. v. Superior Court, 73 Cal. App. 5th 66 (2021), and analyzed the ramifications for future litigation arising from this decision.

CM Report of Recent Decisions – 2022 Volume 2

Gallardo v. Marstiller, No. 20-1263 (U.S. 6-6-22)—A Possible Chilling Effect On Personal Injury Litigation Brought By Medicaid Beneficiaries

In Gallardo, the United States Supreme Court held that the Medicaid Act permits a State to seek reimbursement from tort settlement payments or judgments allocated for future medical care.