CM Report of Recent Decisions – 2022 Volume 4

SIDEBAR – United States Supreme Court Set To Decide “Game Changing” Case On General Personal Jurisdiction Over A Foreign Corporation

We wish to alert our friends in the defense and insurance industries of a case that will soon be decided by the United States Supreme Court. Mallory v. Norfolk Southern Railway Company, 266 A.3d 542 (Pa. 2021), cert. granted, No 21-1168, 2022 U.S. LEXIS 2118 (U.S. April 25, 2022).  It squarely addresses whether “due process allows a state to assert general personal jurisdiction over a foreign corporation simply because it registers to do business there, as required by state law.”

COVID-19 Pandemic Coverage Claims Update: The Appellate Tribunals Are Still Overwhelmingly Ruling In Favor of Insurers.

Although some state intermediate appellate tribunals have issued rulings favorable to insureds, the Supreme Courts from Delaware, Maryland and Ohio have added their voice to other state high courts holding that there is no business interruption coverage for pandemic related economic losses.

Insurer Alleges No Coverage For Double-Charges By McDonald’s Mobile App

American Family Mutual Insurance Company (“American Family”) recently filed a declaratory judgment action in the Circuit Court of Cook County, IL, seeking a declaration that it owes no duty to defend its insured, a McDonald’s franchise owner, for an underlying suit claiming that the insured reaped the benefit of a flaw in McDonald’s mobile app that charged patrons twice.

Out Of Bounds: The Lower Standard Of Supervisory Liability For Sporting Events

Times have changed. Back in the day, high school sports were generally limited to four: football, basketball, league baseball, and track. Not so today. Students also can play soccer, lacrosse, rugby, golf, tennis, softball, badminton, ice hockey, and cross-country—just to mention the outdoor sports.

Security Consultant Reports Are Not Protected By The Medical Studies Act

In a case brought on behalf of an active shooter victim against a hospital, the Illinois Appellate Court, First District recently considered whether the Medical Studies Act protects a consultant report developed by a hospital consultant following an active shooter incident. The opinion further crystallizes the boundary around the MSA privilege in Illinois and demonstrates how facilities can help avoid production of consultant reports. Less v. Mercy Hospital and Medical Center, et al., 2022 IL App (1st) 220247.

Not Good Enough: The Minnesota Supreme Court Requires More Specificity In Exculpatory Clauses

. . . In the law, language is huge. The meaning of words used in contracts is often at the center of disputes. In resolving them, courts interpret words as they are popularly understood. It provides the best explanation of what people were thinking about when they agreed to them.