Showing all results for category “Premises Liability”

Clausen Miller Obtains Summary Judgment in Construction Dispute

Brian Riordan, James Weck and Katherine Kuhn obtained summary judgment in the Cook County Law Division, Cook County, Illinois in a construction injury claim that involved our client and other construction companies.

Plaintiff claimed that he sustained injuries while descending a temporary set of stairs on a construction project.

Summary Judgment Victory for New Jersey Office

Clausen Miller partner Andrew Turkish and shareholder Carl Perri recently obtained summary judgement dismissing with prejudice all claims against our client in a premises liability case venued in the Superior Court of New Jersey, Law Division,

Down to Size: Preventing Overreaches in Premises Liability Cases

By Paul V. Esposito

We are surrounded by chain stores. Go anywhere in the country, and you’ll likely see the same stores you see at home. Makes you feel like you never left.

Insured Not Liable For Declining To Settle Within Its Self-insured Retention

By Don R. Sampen, published, Chicago Daily Law Bulletin, September 20, 2022

Applying Illinois law, the 7th U.S. Circuit Court of Appeals recently held that an umbrella insurer had no cause of action against an insured for failure to settle within the insured’s retained limit. 

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.

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.

East Coast CM Report of Recent Decisions – 2021 Volume 4

Judge Grants Insurers Motion To Compel Arbitration By Enforcing Arbitration Clause In Insurance Policy

In 299 N. Federal Master LLC v. General Security Indemnity Co. of Arizona et al., case number 0:21-cv-62349,

East Coast CM Report of Recent Decisions – 2019 Volume 2

The Fine Line Between The Duty To Defend And The Duty To Indemnify

The United States Court of Appeals for the Second Circuit affirmed a May 22, 2018, decision and order of the United States District Court for the District of Connecticut that found the language of an indemnity provision in a contract did not obligate United Illuminating Company (“United”) to indemnify Metro North Transportation Authority and Metro-North Commuter Railroad Company (collectively “Metro- North”) for the cost of defending against a personal injury suit because the intent of the language was to provide indemnification only for injuries actually caused by Metro- North.

Clausen Miller P.C. Opens San Francisco Office

Clausen Miller has expanded its ability to
service clients in California by opening a new office in San Francisco located
at 100 Pine Street Suite 1250.  With the addition of Clausen Miller’s new
Bay Area office,

California Supreme Court Holds Landowner Not Liable for Obvious Danger it Does Not and Cannot Control

A landowner’s liability to its invitees hinges on whether or not a duty is imposed by law. But, mere ownership of property does not automatically equate to liability. Rather, in Vasilenko v.