Showing all results for category “Illinois appellate court”

Kirkpatrick v. Baxter Healthcare, 2023 IL App (2d) 230088 reminds practitioners that the practice of law can be a minefield where “the devil is usually in the details”.

Melinda Kollross analyzes an Appellate Court decision to deny relief and dismiss a plaintiff’s complaint as late due to the plaintiff’s counsel’s use of the wrong ARDC registration number when e-filing the complaint on the last day of the statute of limitations.

Google Maps Lead Appellate Court to Reversal

By Eli B. Vine and Kathleen M. Klein

The Illinois Appellate Court has weighed in again on forum non conveniens, in a useful decision it has now decided to publish,

Illinois Appellate Court Limits IIED Claim to Outrageous Conduct Against a Known and Present Plaintiff

By Paul V. Esposito

To state a claim for intentional infliction of emotional distress, a victim must be known to a defendant and present to experience the outrageous conduct. Colunga v. Advocate Health and Hosps.

Illinois Appellate Court Finds Personal Jurisdiction Over Non-resident Manufacturer in Battery-explosion Lawsuit

By Paul V. Esposito

Illinois has personal jurisdiction over South Korean manufacturer LG Chem, whose lithium battery put in a vaping device exploded in a user’s pocket. Kothawala v. Whole Leaf, LLC,

Insured Entitled to Pursue Federal Damage Claim Based on State Liability Finding

By Don R. Sampen, published, Chicago Daily Law Bulletin, December 6, 2022

The 7th U.S. Circuit Court of Appeals recently held that, following a declaratory action in state court finding that an insurer breached its duty to defend,

UM Coverage Mandated for Pedestrians, Despite Policy Language to the Contrary

By Don R. Sampen, published, Chicago Daily Law Bulletin, November 8, 2022

The 1st District Appellate Court, in a case of first impression, recently held that an insured under an automobile liability policy who,

Illinois Appellate Court Strays From Established Faulty Construction Precedent To Find A Duty To Defend Vague Allegations Of Damage To “Other Property” In Acuity v. M/I Homes Chi, LLC

By Ilene M. Korey

Introduction

Illinois has consistently required damage to property other than repair and replacement of faulty construction to implicate coverage under a commercial general liability policy. The basis for doing so is rooted in the insuring language of the typical CGL policy that limits coverage to “property damage” caused by an “occurrence” in the policy period.

‘Other Property’ Damage Claim Triggers Defense Obligation For Insured Contractor

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 4, 2022

The 1st District Appellate Court, reversing a trial court decision, recently held that allegations of defective work by a contractor gave rise to an insurer’s duty to defend the contractor,

Court: No Recovery Allowed Under Life Insurance Policy Used For ‘Wagering’

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 6, 2022

The 7th U.S. Circuit Court of Appeals, applying Illinois law, recently held that a life insurance arrangement in which the insured purchased the policy through non-recourse loans and eventually assigned the policy benefits to others,

Illinois Appellate Court Reaffirms Kimbrough As “Mainstay” Authority For Obtaining Summary Judgment In Slip And Fall Cases

By Melinda S. Kollross

In 1981, the Illinois Appellate Court decided Kimbrough v. Jewel Cos., 92 Ill. App. 3d 813 (1981), holding that merely showing a slip and fall on a defendant’s premises was insufficient to satisfy proximate causation requirements.