Showing all results for category “legal”

East Coast CM Report of Recent Decisions – 2018 Vol. 3

Defending A Claim For Attorney’s Fees In Bad Faith Actions: Third Circuit Court Of Appeals Affirms Decision To Deny Outrageously Excessive Claim For Attorney’s Fees

In a contested Bad Faith lawsuit brought by the named insureds against their insurance carrier,

Clausen Miller P.C. Expands Its Reach in Florida by Welcoming Orlando Partner Scott Dornstein

Clausen Miller is proud to announce that Scott Dornstein has joined the Firm’s Florida office as a Partner. Scott is located in Orlando and enhances the Firm’s ability to cover the central and mid-coastal regions of Florida.

Clausen Miller Helps Develop Illinois Law On Contribution And The Kotecki Cap

At least in Illinois, joint and several liability is a fact of life in personal injury cases. A defendant found at least 25% at fault can be forced to pay a plaintiff’s entire judgment, even though multiple tortfeasors were involved.

CM Report of Recent Decisions – 2018 Volume 3

Three Federal Appeals Courts Find Coverage For Cyber-Fraud

In Spec’s Family Partners, Ltd. v. Hanover Ins. Co., No. 17-20263, 2018 U.S. App. LEXIS 17246 (2d Cir. June 25, 2018) (“Spec’s Family Partners”),

Kristin Esposito and Valeri Nowik Save Insurer Significant Dollars in Cook County Jury Trial

CM attorneys Kristen Esposito and Valeri Nowik recently tried a rear end accident case before a Cook County jury.  The insurer offered $50,000 to settle the case. The Plaintiff rejected the offer and demanded $140,000.  

Restatement of Law of Liability Insurance: The Plain-Meaning Rule

By: Amy R. Paulus and Henry T.M. LeFevre-Snee

The American Law Institute’s (“ALI”) draft Restatement of the Law of Liability Insurance’s (“Restatement”) use of “custom, practice and usage” evidence to determine the plain meaning of unambiguous terms does not find support in a majority of states,

Swinehart, Ferrini, Aimonette, and Wysocki Score Recent Victory

In a case recently handled by Clausen Miller attorneys Jim Swinehart, Joe Ferrini, Greg Aimonette, and Ken Wysocki, the Eleventh Circuit Court of Appeals issued a significant decision relating to jurisdiction and international arbitration.  The Eleventh Circuit held:

One — A District Court has federal subject matter jurisdiction,

George Flynn and Edward Hynes Snatch Victory From the Jaws of a Failed Settlement

Judge Matthew Kennelly, of the U.S. District Court for the Northern District of Illinois, granted summary judgment for the defense in a legal malpractice action defended by George K. Flynn and Edward W. Hynes of Clausen Miller.

Clausen Miller Partners Courtney Murphy, Jacob Zissu and Eric Krejci Obtain Jury Verdict in Favor of Insurer, Dismissing Multi-Million Dollar First Party Property Damage Claim

Clausen Miller partners Courtney Murphy, Jacob Zissu and Eric Krejci recently obtained a jury verdict in favor of a major property insurer, dismissing an insured’s multi-million dollar first party property claim stemming from water loss and damage sustained to its vacant building located in Detroit,

No Coverage For Fraudulent Wine Purchases Under “Private Collections” Policy

Earlier this year, we wrote about a California Appellate Court case holding that an unsuspecting wine collector who purchased millions of dollars’ worth of counterfeit wine from a “villainous wine dealer” sustained a financial loss,