Showing all results for category “litigation”

Inflation In The Economy And Its Impact On Claims

By Eli B.Vine and Kathleen M. Klein

Introduction

As inflation continues to run rampant throughout the United States economy, we have all experienced the effects of supply chain impediments, labor shortages,

CM Report of Recent Decisions – 2022 Volume 2

Gallardo v. Marstiller, No. 20-1263 (U.S. 6-6-22)—A Possible Chilling Effect On Personal Injury Litigation Brought By Medicaid Beneficiaries

In Gallardo, the United States Supreme Court held that the Medicaid Act permits a State to seek reimbursement from tort settlement payments or judgments allocated for future medical care.

Cook County Judge Rules Illinois Prejudgment Interest Statute Unconstitutional

By Thushan M. Sabaratnam & Morgan A. Dilbeck

A recent Cook County Circuit Court ruling finds that a prejudgment interest statute requiring a defendant to extend a settlement offer within one year of plaintiff filing a major tort claim, including personal injury and wrongful death, violates the Illinois Constitution.

COVID’s Impact On Civil Jury Attitudes And Procedures

By Eli B. Vine and Kathleen M. Klein

Introduction

As the COVID-19 pandemic began, the majority of courthouses across the country had to significantly alter their operations. Many courts initially limited their proceedings to only the most essential and time sensitive matters,

CM Report of Recent Decisions – 2022 Volume 1

Illinois Appellate Court, Fourth District, Issues Highly Favorable Decision For Insurance And Defense Industry Regarding The Enforcement Of Arbitration Provisions

The recent published decision in Mason v. St. Vincent’s Home, Inc.,

CM Report of Recent Decisions – 2021 Volume 4

No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr.

Forum Non Conveniens—Persistence Conquers Plaintiff’s Forum Shopping

by Scott R. Shinkan and Alexander J. Brinson 

Introduction

A motion based on forum non conveniens is a great tool that allows a court to dismiss or transfer a case to a forum better suited to hear the case.

More Tales From The Minefield—Or Why Appellate Counsel Is A Must During Litigation

by Melinda S. Kollross

In this quarter’s Sidebar, we report on two recent federal appellate decisions illustrating the wisdom of employing trained appellate practitioners.

Rexing Quality Eggs v. Rembrandt Enterprises,

Rental Car Not ‘Temporary Substitute’ For Insured’s Vehicle

By Don R. Sampen, published, Chicago Daily Law Bulletin May 5, 2020

The 5th District Appellate Court recently held that an insured’s use of a rental car to take a lengthy road trip,

State Insurance Department Erred With Employment Status Opinion

By Don R. Sampen, published, Chicago Daily Law Bulletin January 28, 2020

The 1st District Appellate Court
recently held that the Illinois Department of Insurance lacked authority to
decide a workers’ compensation premium dispute between an insurer and its
insured.