Showing all results for category “News”

Massachusetts Appeals Court Allows Photographs of Property Damage Absent Expert Testimony as Evidence of Extent of Personal Injury

By Paul V. Esposito

Despite the lack of expert evidence, litigants may offer photographs of vehicle damage to show a correlation between the damage and personal injuries. Laccetti v. Ellis,

Illinois Appellate Court Finds Personal Jurisdiction Over Non-resident Manufacturer in Battery-explosion Lawsuit

By Paul V. Esposito

Illinois has personal jurisdiction over South Korean manufacturer LG Chem, whose lithium battery put in a vaping device exploded in a user’s pocket. Kothawala v. Whole Leaf, LLC,

Texas Supreme Court Upholds Immunity for University System’s Roadway Design and Construction

By Paul V. Esposito

The Texas Supreme Court has affirmed a university system’s immunity under the Tort Claims Act following an accident in which a driver ran off the road at a newly installed T-intersection.

Illinois Supreme Court Holds Federal Labor Law Preempts Biometric Privacy Act Claims

By Paul V. Esposito

The Supreme Court has held that the federal Labor Management Relations Act preempts claims by unionized employees alleging violations of the Biometric Information Privacy Act. Walton v. Roosevelt Univ.

Massachusetts Supreme Court Limits the Meaning of “Physical Abuse” in Policy Exclusion

By Paul V. Esposito

Construing a homeowner’s policy exclusion for abuse and molestation, the Court held that “physical abuse” requires more than conduct causing physical harm. The conduct must “involve an imbalance or misuse of power in addition to being physically harmful.” An early morning unprovoked assault by 30 year-old man on a 60 year-old man did not involve an exploitation or misuse of power.

“The Devil is in the Details”: Midwest Commercial Funding v. Kelly, No. 2023 IL 128260.

By Melinda S. Kollross

This recent Illinois Supreme Court decision issued on March 23, 2023, illustrates how bad things can happen when parties don’t pay attention to the “details” that make up a large part of the practice of law.

Indiana Court of Appeals Puts Lid on Res Ipsa Loquitor Claim for Release of Private Medical Information

By Paul V. Esposito

The Indiana Court of Appeals has rejected a res ipsa loquitor claim brought by a hospital patient regarding the release of embarrassing information. Wireman v. LaPorte Hosp.

Prior Policy Applications Found Relevant to Claim for Rescission

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 21, 2023

The U.S. District Court for the Northern District of Illinois, construing Illinois law, recently evaluated the pleading requirements for an insurer seeking to rescind an insurance policy.

Louisiana Supreme Court Rules No Coverage for Covid-19 Business Interruption Claims in Cajun Conti 

By Melinda S. Kollross

The Louisiana Supreme Court issued its decision in Cajun Conti LLC v. Certain Underwriters at Lloyds London becoming the latest state high court to rule in favor of insurers,

Tom Moody and Nick Travis Outline Appraisal Strategies and Property Case Law Developments at the PLRB Claims Conference

Clausen Miller partners Tom Moody and Nick Travis will offer insights on property and liability insurance issues and recent legal developments at the Property and Liability Resource Bureau (PLRB) Claims Conference in Orlando March 19-22.