Showing all results for category “Writing and Speaking”

Update: Recent BIPA Cases And “Standing” To Sue In Federal Court

By Brian J. Riordan, Mindy M. Medley and Alexander J. Brinson

Introduction

Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”).

More Tales From The Minefield Of Post-Trial/Appellate Practice: Omega SA v. 375 Canal, LLC, 984 F.3d 244 (2nd Cir. 2021)

By Melinda S. Kollross

Introduction

During this Sidebar author’s nearly 30 years of post-trial and appellate practice, she has guided her work for her clients according to one steadfast rule—always use “belts and suspenders” when it comes to preserving errors and insuring appellate jurisdiction.

Update: Florida Enacts New Law Modifying Appellate Jurisdiction Over County Court Appeals

By Benjamin S. Burnstine

Introduction

Clausen Miller’s Technology & Cyber Group provides the following update to keep you informed on recent important cases adjudicating Illinois’ Biometric Information Privacy Act (“BIPA”). BIPA regulates the collection,

Court Finds No Defense Obligation for Alleged Statutory Violations

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 6, 2021

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that a commercial general liability policy issued to a debt collector did not provide coverage for allegedly harassing calls giving rise to statutory violations,

Use of ‘Maintain’ in Insurance Policy Gives Rise to Factual Dispute

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 23, 2021

The U.S. District Court for the Northern District of Illinois recently denied summary judgment to a property insurer because of a difference over the meaning of “maintain” in two provisions of the policy,

Coverage for COVID Business Loss Rejected by Illinois Federal Courts

By Don R. Sampen, published, Chicago Daily Law Bulletin, March 9, 2021

Cases around the country have overwhelmingly, but not unanimously, rejected coverage for business losses due to the COVID-19 pandemic under standard all-risk property insurance policies.

Change of Course: Massachusetts Adopts But-For Causation—Mostly

by Paul V. Esposito

More than two things—death and taxes—are certain in life. There’s at least a third certainty: the law’s uncertainty about the proper standard governing proximate causation in tort cases.

Burden on Insureds to Prove Exception to Exclusion in Property Policy

By Don R. Sampen, published, Chicago Daily Law Bulletin, February 23, 2021

The 5th District Appellate Court recently held that insureds have the burden of establishing an exception to an exclusion in a property insurance policy,

Melinda Kollross Published in DRI’s For The Defense Magazine

Clausen Miller is pleased to announce that Shareholder and Appellate Practice Group Chair Melinda Kollross is a featured author in the February 2021 edition of the Defense Research Institute (DRI)’s For The Defense Magazine.  

Kollross and Esposito Published in IDC Quarterly

Clausen Miller Appellate Practice Group Chair Melinda  Kollross and Senior Counsel Paul Esposito have a feature article published in the first volume of the 2021 IDC Quarterly.  The article addresses Illinois Pattern Jury Instruction 12.04 on proximate cause.