CM Report of Recent Decisions – 2015 Volume 1

January 1, 2015 / CM Reports

Articles in this report

*SIDEBAR: The Minefield Of Summary Judgment Practice
Building A Record Means Strict Compliance With The Rules
The Illinois Appellate Court, Fourth District, teaches that lackadaisical compliance with Supreme Court Rules regarding summary judgments is fraught with danger.

Captive Insurance Agents Owe Duty Of Care To Insureds
The Illinois Supreme Court holds that captive insurance agents are insurance producers and owe a duty of ordinary care to insureds within the meaning of 735 ILCS 5/2-2201.

Clausen Miller Obtains Significant Seventh Circuit Victory In TCE Contamination Suit
The Seventh Circuit affirmed summary judgment in favor of an insurer in an environmental insurance coverage dispute venued in the U.S. District Court for the Southern District of Indiana.

Illinois Follows Majority That Timing Of Malicious Prosecution Is What Implicates Coverage
Several Illinois courts have recently considered what policy year is implicated for damages claimed for personal injuries arising out of a malicious prosecution.

SPECIAL ALERT: Medicare Advantage Organization Wins Double Damages Against Liability Insurer
Claims for reimbursement of conditional payments from Medicare Advantage Organizations (“MAOs”) represent a growing concern for liability insurers and self-insureds. A recent Florida federal court decision demonstrates this trend.

Second Circuit Rejects Belated Attempt To Address Medicare Reimbursement In Settlement
A recent Second Circuit decision serves as the latest example of parties failing to address Medicare reimbursement during settlement negotiations.

The Minefield Of Appellate Practice Poses Dangers To Even “Silk Stocking” Law Firms—Missed Filing Deadline Sinks $40 Million Appeal
The Federal Circuit Court of Appeals holds that AT&T Inc. cannot appeal a nearly $40 million patent infringement judgment against it because its attorneys missed the appeal deadline, rejecting the “silk stocking” law firm’s argument that the District Court did not properly notify it of orders which started the appeal time running.

Download this publication as a PDF

  • 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

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    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, One Urban Center

    Suite 600

    Tampa, Florida 33609

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

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman