Showing all results for category “CM Reports”

Pain-killer: Oklahoma Limits Public Nuisance Liability

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

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

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

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

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

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

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

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

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,