CM Report of Recent Decisions – 2022 Volume 1

Illinois Appellate Court, Fourth District, Issues Highly Favorable Decision For Insurance And Defense Industry Regarding The Enforcement Of Arbitration Provisions

The recent published decision in Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458, 2022 Ill. App. LEXIS 43, provides mandatory precedent in Illinois and persuasive precedent elsewhere for the insurance and defense industry to enforce arbitration provisions, especially in a nursing home or long-term care facility context.

Illinois Supreme Court Rules On Illinois Workers’ Compensation Immunity Issue

In Munoz v. Bulley & Andrews, LLC, 2022 IL 127067, the Illinois Supreme Court ruled that the immunity provisions of the Illinois Workers’ Compensation Act do not extend beyond an injured worker’s direct employer, “under the facts of this case”.

Insurers Remain Undefeated In Federal And State Appellate Tribunals On COVID-19 Business Interruption Claims

The body of federal and state appellate precedent keeps growing, with these appellate tribunals unanimously holding that there is no property insurance business interruption coverage for losses arising from the COVID-19 pandemic.

COVID’s Impact On Civil Jury Attitudes And Procedures

As the COVID-19 pandemic began, the majority of courthouses across the country had to significantly alter their operations. Many courts initially limited their proceedings to only the most essential and time sensitive matters, and closed whole divisions temporarily. Some, if not most, suspended speedy trial rules and paused all civil jury trials. As time has gone on, jurisdictions have slowly resumed some of their normal court operations, including in person jury trials. Now that courthouses have begun to hold jury trials again, the next big question is what impact COVID will have on juries and their verdicts.

BIPA Claim Accrual Update

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, use, safeguarding, handling, storage, retention, and destruction of individuals’ biometric information, such as fingerprints.