Showing all results for category “appellate”

Eight Clausen Miller Attorneys Honored by The Best Lawyers in America in 2024 

The 2024 edition of The Best Lawyers in America honored the attorneys for their exemplary work in insurance law, litigation and appellate practice.

Clausen Miller Prevails on Anti-SLAPP Motion, Secures Appellate Victory 

The U.S. Court of Appeals for the Fourth District affirmed a trial court decision to dismiss the lawsuit, finding the plaintiff did not meet the two-part test.

Appeals Court Gives Expansive Treatment to ‘Insured’ as Used in Policy Exclusion

The 1st District Appellate Court recently held that the term “insured” in an auto exclusion for a commercial general liability policy should be given expansive treatment.

Alert Regarding Preservation of Error for Appeals in Federal Court: SCOTUS Set to Decide Whether a Party Must Reassert a Purely Legal Argument Rejected at Summary Judgment in a Post-Trial Motion to Preserve That Issue for Appellate Review

We wish to alert all our friends in the insurance and defense industry that the United States Supreme Court will decide a significant issue regarding appellate preservation of error in federal court, and the steps that should be taken now to ensure that all errors have been preserved in any current federal litigation.

CM Report of Recent Decisions – 2022 Volume 4

Cover: Holiday Lights in Chicago, IL

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.

Court Finds 11-month Delay In Giving Notice May Not Be ‘Late’

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 18, 2022

The 2nd District Appellate Court recently reversed a finding that an 11-month delay in giving notice of an injury to an insurer constituted late notice,

CM Report of Recent Decisions – 2022 Volume 3

Cover: Downtown Houston, TX

SIDEBAR – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater.

If At First You Don’t Succeed On A Post-Trial Motion—Take An Appeal! More Tales From The Minefield Of Post-Trial And Appellate Practice

By Melinda S. Kollross

The Seventh Circuit’s recent decision in Word Seed Church & Civil Liberties for Urban Believers v. Homewood, 43 F.4th 688 (7th Cir. 2022), again shows why only experienced appellate advocates should navigate the minefield of post-trial and appellate litigation.

Sidebar – Nuclear Verdicts Are Becoming Thermonuclear Verdicts: A Suggestion For Combatting Them

By Melinda S. Kollross

Some commentators have defined a “nuclear verdict” as a verdict of $10 million or greater. Based upon recent verdicts, however, that definition may need changing. 

The Thermonuclear Verdict

Two recent verdicts show that things are getting worse on the defense front and not better. 

Insured Not Liable For Declining To Settle Within Its Self-insured Retention

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 20, 2022

Applying Illinois law, the 7th U.S. Circuit Court of Appeals recently held that an umbrella insurer had no cause of action against an insured for failure to settle within the insured’s retained limit.