Showing all results for category “illinois supreme court”

Illinois Supreme Court Addresses Duty to Defend Construction Defect Claims

Ilene Korey breaks down the Illinois Supreme Court’s analysis of an Illinois Appellate decision appealed by an insurer in which the Illinois Supreme Court clarified the unsettled nature of the law as to what implicates the duty to defend construction defect claims.

Illinois Supreme Court Significantly Expands UM Automobile Coverage to Include Bicyclists Injured by an UM Vehicle

By Eli B. Vine

On November 30, 2023, the Illinois Supreme Court issued Carmen Galarza v. Direct Auto Insurance Company, No. 129031. In Galarza, the Supreme Court significantly expanded Uninsured Motorist (“UM”) coverage by holding that a minor bicyclist struck by an uninsured motorist qualified as an insured even though he was not in an insured vehicle at the time of the occurrence.

A Special Note on Illinois Supreme Court’s Treatment of Mason v. St. Vincent’s Home, Inc., 2022 IL App (4th) 210458 in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067

By Melinda S. Kollross

The Illinois Supreme Court’s recent opinion in Clanton v. Oakbrook Healthcare Centre, 2023 IL 129067, overruled the defense decision in Mason v. St. Vincent’s Home,

Illinois Supreme Court Overrules Good Defense Law On Nursing Facility Arbitrations

Melinda Kollross analyzes the Illinois Supreme Court decision to overrule a defense law on nursing facility arbitrations, finding that the subject contract’s termination-on-death clause terminated the arbitration provision when the decedent died.

Clausen Miller Successful in Obtaining Reversal in Illinois Supreme Court

By decision issued by the Illinois Supreme Court on June 15, Clausen Miller was successful in persuading the Court to reverse a ruling of the Second District Appellate Court addressing breach-of-contract issues.

The lawsuit involved a claim by a land fill developer against a village alleging that the village interfered with the developer’s work on the project.

Illinois Supreme Court Holds Federal Labor Law Preempts Biometric Privacy Act Claims

By Paul V. Esposito

The Supreme Court has held that the federal Labor Management Relations Act preempts claims by unionized employees alleging violations of the Biometric Information Privacy Act. Walton v. Roosevelt Univ.

“The Devil is in the Details”: Midwest Commercial Funding v. Kelly, No. 2023 IL 128260.

By Melinda S. Kollross

This recent Illinois Supreme Court decision issued on March 23, 2023, illustrates how bad things can happen when parties don’t pay attention to the “details” that make up a large part of the practice of law.

Following Stove Fire, Co-insured Tenant Denied Coverage for Contribution Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 3, 2022

The Illinois Supreme Court recently limited the application of a 1992 decision of the court that deemed a tenant to be a co-insured under a landlord’s fire insurance policy.

Paul Esposito and James Weck Team Up in Big Illinois Supreme Court Win for Condominium Property Managers

Clausen Miller trial attorney James Weck and appellate attorney Paul Esposito battled their way through the Illinois court system to secure victory for condominium property managers statewide.

Illinois Supreme Court Poised To Decide BIPA Claim Accrual Question

By Morgan A. Dilbeck and Mitchel D. Torrence

Introduction

Today, most people are concerned about identity theft and wanting to ensure that their unique identifiers stay private. The Illinois legislature sought to address these concerns with the Biometric Information Privacy Act (“the Act”).