Showing all results for category “appellate”

Contract, Fraud Claims Tied to Insurer Brochure

By Don R. Sampen, published, Chicago Daily Law Bulletin
[March 20, 2018]

The 7th U.S. Circuit Court of Appeals, reversing the U.S. District Court, recently found that a long-term care insurance policyholder adequately alleged consumer fraud and common-law fraud against an insurer for misrepresenting policy premiums she would have to pay.

Appeal Dismissed for Lack of Jurisdiction

Clausen Miller Appellate Practice Group attorney Paul Esposito recently notched a defense victory on appeal when the Appellate Court in Chicago dismissed a plaintiff’s appeal for lack of appellate jurisdiction. Plaintiff was the administrator of a decedent’s estate. 

Melinda Kollross Published in the February 2018 Edition of DRI’s For the Defense Magazine

Read Clausen Miller Appellate Practice Group Co-Chair Melinda Kollross’s latest feature article “Winning Your Appeal with Your ‘Statement of Facts’” published in the February 2018 edition of DRI’s For the Defense Magazine.  The article weaves together both practical procedural suggestions and creative options for crafting your factual recitation to best suit—and position you to win—your next appeal.

Hospital Not Vicariously Liable For Acts Of Employees Of Unrelated, Independent Clinic Under Apparent Agency Theory

In a split decision, the Illinois Supreme Court holds that a hospital could not be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated, independent clinic that was not a party to the litigation.

Medical Malpractice Claim Brought Under The Wrongful Death Act Can Relate Back To Existing Claim And Is Not Barred By Statute Of Repose

The Illinois Supreme Court holds that a medical malpractice claim brought under the Wrongful Death Act, 740 ILCS 180/0.01 et seq., can relate back to an existing claim and is not barred by the statute of repose.

2017 DRI Annual Meeting: Appellate Advocacy Committee CLE Panel Presentation Highlights

On October 4, 2017, the DRI Appellate Advocacy Committee presented “Perspectives on the Appellate Practitioner’s Role at Trial and on Appeal: A View from the Plaintiff, the Defense, and the Court.” I was honored to moderate the panel discussion,

United States Supreme Court Decision Proves That Appellate Practice Is A Minefield Best Navigated By Savvy Appellate Practitioners

Introduction

The recent unanimous decision by the United States Supreme Court in Hamer v. Neighborhood Housing Services of Chicago, __ U.S.__ (No. 16-58, Nov. 8 2017), illustrates once again the perilous nature of appellate practice,

CM Report of Recent Decisions – 2017 Vol. 4

United States Supreme Court Decision Proves That Appellate Practice Is A Minefield Best Navigated By Savvy Appellate Practitioners

The recent unanimous decision by the United States Supreme Court in Hamer v. Neighborhood Housing Services of Chicago,

2017 DRI Annual Meeting: Appellate Advocacy Committee CLE Panel Presentation Highlights

From left: Melinda S. Kollross, Paul V. Esposito, Hon. Rita B. Garman, Michael W. Rathsack

On October 4, 2017, the Appellate Advocacy Committee presented “Perspectives on the Appellate Practitioner’s Role at Trial and on Appeal: A View from the Plaintiff,

Employee Can’t Claim Emotional Distress Based on Workplace Harassment

The Seventh Circuit recently took on, and eventually barred, an emotional distress claim for sexual harassment in the workplace in Richards v. U.S. Steel, 88 F.3d 557 (7th Cir. 2017).  The Plaintiff could not file a claim under the Illinois Human Rights Act (the Act),