Showing all results for category “Writing and Speaking”

Breach of Defense Duty Found Despite Insurer Argument

May 17, 2018 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin
[May 14, 2018]

The 5th District Appellate Court recently held that an insurer breached its duty to defend despite the fact that it paid more than $1 million in defense costs under a reservation.

Jim Swinehart Presents at DRI Insurance Coverage and Claims Institute in Chicago

May 15, 2018 / Writing and Speaking

Jim Swinehart recently gave a presentation at the DRI Insurance Coverage and Claims Institute Conference held in Chicago. His presentation was entitled “At a Loss: Concurrent Cause of Loss/Ensuing Loss Provisions” and focused on loss scenarios involving one or more cause that is covered and one or more that is excluded.

Circuit Court Of Cook County Again Rules That Policyholder Failed To Prove Primary Exhaustion In Asbestos Coverage Case

May 8, 2018 / Writing and Speaking

The Circuit Court of Cook County recently ruled that John Crane, Inc. did not demonstrate that its primary policies were exhausted and thus, any ruling regarding exhaustion of the umbrella and excess policies would be premature.

New York High Court Holds “Private” Facebook and Other Social Media Postings May Be Discoverable

May 3, 2018 / Writing and Speaking

The Court of Appeals of New York holds that even materials marked “private” by Facebook users are subject to discovery if they contain material relevant to the issues in controversy in the litigation. Forman v.

2nd Circuit Joins The List Of Federal Courts Holding That Sexual Orientation Discrimination Is A Violation Of Title VII

April 30, 2018 / Writing and Speaking

On February 26, 2018, the Second Circuit Court of Appeals issued an en banc decision in Zarda v. Altitude Express, Inc. No. 15-3775, holding that sexual orientation discrimination violates Title VII of the Civil Rights Act.

No Coverage For Counterfeit Wine Under “Valuable Possessions” Policy

April 24, 2018 / Writing and Speaking


“O thou invisible spirit of wine, if thou hast no name to be known by, let us call thee devil!” (Shakespeare, Othello, act II, scene 3.)

With some amusing nods to Shakespeare,

California Supreme Court Confirms SB800 As The Exclusive Remedy For Construction Defect Claims

April 24, 2018 / Writing and Speaking


The unanimous decision by the California Supreme Court in the highly anticipated McMillin Albany, LLC v. Superior Court, No.5229762  (1/18/2018), case resolved a previous split in California law as to the boundaries of California’s Right to Repair Act,

Illinois Fault Allocation Tale Of Two Statutes: A Balancing Test Gone Wrong

April 9, 2018 / Writing and Speaking

Once upon a time, Illinois had two statutes designed to equitably apportion fault and so protect minimally responsible defendants from mega-dollar judgments.  Though the statutes still stand, they don’t provide defendants in personal injury cases near the protection they were intended to give.

Pattern Instructions Show Age, Found Inadequate in Failure-to-Settle Case

April 4, 2018 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin
[April 3, 2018]

The 1st District Appellate Court recently held that Illinois Pattern Jury Instructions addressing a bad-faith claim against an insurance company for failure to settle did not accurately reflect the current state of Illinois law.

Don Sampen Article Published in Illinois Bar Journal

March 26, 2018 / News / Writing and Speaking

An article on the appellate process was recently published by Don R. Sampen in the March 2018 edition of the Illinois Bar Journal.  The article is entitled “A Guide to Illinois Interlocutory Appeals.  It addresses the requirements for interlocutory appeals under Illinois Supreme Court Rules 306,

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Tyler Jay Lory

  • Irvine

    California 92614

    17901 Von Karman Avenue

    Suite 650

    Irvine, California 92614

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Anne E. Kevlin