CM Report of Recent Decisions – 2021 Volume 3

TransUnion LLC v. Ramirez: SCOTUS Puts A Lid On Class Actions Brought In Federal Court To Merely Redress Statutory Violations Without Class Members Suffering Any Concrete Harm

The United States Supreme Court’s decision in TransUnion LLC v. Ramirez, ___ U.S. ___, 114 S. Ct. 2190 (2021), is significant to the insurance and defense bar as it may represent a formidable obstacle for class action plaintiffs’ lawyers to overcome in bringing statutory private right of actions for damages, costs, and attorney’s fees when class members have suffered at best only theoretical instead of concrete harms from a defendant’s violation of a statute.

Seventh Circuit Rules A Partnership Made Up Of At Least One Stateless Citizen Is Itself Stateless And Cannot Be Sued In Federal Court Based Upon Diversity Jurisdiction

In Page v. Democratic National Committee, 2 F.4th 630 (7th Cir. 2021), the Seventh Circuit issued a subject matter jurisdiction ruling regarding diversity jurisdiction that could affect cases being currently prosecuted/defended in federal court, especially within the courts of the Seventh Circuit, and additionally within the First, Second, Third, and Fifth Circuits. 

Gone But Not Forgotten: Court Limits Emotional Distress Recovery For Lost Personal Property

We collect stuff. Lots of stuff. Whether we collect on purpose, or collect on impulse, we collect all the same. We’ve collected so much that now there’s a movement of minimalists urging us to rid ourselves of most of it. Maybe that’s a good thing, maybe not—you be the judge.

Florida Court Denies Insured’s Motion To Compel Appraisal For Two Reasons

On August 27, 2021, the United States Court of Appeals for the 11th Circuit affirmed the United States District Court for the Middle District of Florida’s decision that denied the plaintiff policyholder, SB Holdings I, LLC (“SB Holdings”) motion to compel appraisal and instead allowed the property insurance claim dispute against the insurer, Indian Harbor Insurance Company (“Indian Harbor”) to proceed to trial.

Federal Appellate Courts Rule For Insurers On COVID-19 Business Interruption Claims

To date, four separate Federal Circuits have issued 7 decisions all holding for insurers on COVID-19 business interruption claims. A body of precedent is being built that can now be cited by the insurance industry at both the trial and appellate level in both state and federal court.

Boundaries: The Court Limits School District Liability For Shootings

Irish playwright George Bernard Shaw famously said, “Youth is wasted on the young.” We can think back to those carefree teenage days, wishing we had the chance to re-live them. But in truth, the teenage years can be mighty difficult. Remember those failed teenage romances and unrequited loves? Another playwright—this one speaking Elizabethan English—devoted an entire work to a teenage romance gone tragic.

The Minuses Win: A Physician’s Limited Liability For An IME Examination

If you’re lucky, an answer is obvious. But for life’s thornier problems, an answer may not be so obvious—or not obvious at all. That’s why they’re thorny. So in figuring out an answer, we analyze competing considerations, sometimes even listing them in plus-and-minus columns to see which wins.