Showing all results for category “Writing and Speaking”
Appellate Practice Group Co-Chair Melinda Kollross Cited in ABA Article on Diversity of Appellate Counsel
Clausen Miller Appellate Practice Group co-chair Melinda Kollross is cited in “Oyez Us Roar: Reflections on the Diversity of Appellate Counsel” in the Spring 2019 Issue of the American Bar Association’s “The Woman Advocate.” (https://www.americanbar.org/groups/litigation/committees/woman-advocate/articles/2019/spring2019-oyez-us-roar-reflections-on-the-diversity-of-appellate-counsel/)
Read Melinda’s thoughts on becoming a successful appellate practitioner who argues cases for her clients before appellate tribunals nationwide in the attached full article.
Possible Conflict of Interest Lets Insured Pick Counsel
By Don R. Sampen, published, Chicago Daily Law Bulletin June 3, 2019
The 1st District Appellate Court recently held that a complaint in which the plaintiff demands substantially more in punitive damages than compensatory damages can give rise to a conflict of interest between an insurer and the defendant insured,
Unambiguous Policy Defeats Last-Antecedent Grammar Rule
By Don R. Sampen, published, Chicago Daily Law Bulletin May 20, 2019
The 2nd District Appellate Court recently rejected application of the last-antecedent rule of grammatical construction in finding an umbrella liability policy unambiguous.
Florida Reforms Assignment of Benefits
After years of failed efforts
by Florida lawmakers to curb rampant abuse of assignment of benefits (“AOB”) applied
to property insurance policies, Florida Governor Ron DeSantis is expected to
soon sign into law sweeping AOB reform approved by the Florida Legislature.
‘Occurrence’ Definition Gets Special Subcontractor Angle
By Don R. Sampen, published, Chicago Daily Law Bulletin April 30, 2019
The 1st District Appellate Court recently defined occurrence coverage for a subcontractor on a construction project in terms of damage beyond the subcontractor’s scope of work.
Successor to Bankrupt Housing Developer Must Honor Surety
By Don R. Sampen, published, Chicago Daily Law Bulletin April 23, 2019
The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation-development agreement between the developer and the far west suburban city of Yorkville was potentially obligated to the developer’s surety upon the successor’s default under the agreement.
Illinois Supreme Court Decision Proves The Wisdom Of Using Appellate Counsel At Trial
The authors of this Sidebar have long advocated the wisdom of using appellate counsel at trial, not only to preserve error for appeal, but to help ensure a defense verdict. A recent Illinois Supreme Court decision proves again that wisdom with respect to the expertise of appellate counsel in carefully drafting special interrogatories,
Multiple Limits on Declarations Pages Results in Stacking
By Don R. Sampen, published, Chicago Daily Law Bulletin March 26, 2019
The 5th District Appellate Court recently held that the listing of liability limits twice in the declarations pages of an automobile insurance policy required that the limits be stacked,
Court Finds Malicious Prosecution Coverage Upon Exoneration
Creating a conflict with earlier Illinois appellate case law, the 1st District Appellate Court recently held that a municipality’s liability coverage for malicious prosecution was triggered upon exoneration of the claimant, not at the time the claimant was wrongfully prosecuted.
Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist
In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.