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The law is always changing. Clausen Miller stays informed so that our clients are, too. We are counselors and litigators. And, we are also educators. We present at industry conferences and in the boardrooms of our clients’ offices. As thought leaders, we write on cutting edge developments–about things that our clients need for their work.

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East Coast CM Report of Recent Decisions – 2017 Vol. 4

January 29, 2018 / CM Reports

Have Fun And Be Wary: Three Recent Cases From The Second Department Discussing Primary Assumption Of Risk

A review of the Second Department decisions issued in the months preceding the close of 2017 revealed several interesting cases dealing with primary assumption of risk.

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

January 29, 2018 / Uncategorized

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.

Late Notice to Insurer Leaves Little Defense Over Duty to Defend

January 24, 2018 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin
[January 23, 2018]

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an insured’s 21-month delay in notifying its auto insurer of an accident involving what appeared to be a relatively minor injury was unreasonable.

Hospital Not Vicariously Liable For Acts Of Employees Of Unrelated, Independent Clinic Under Apparent Agency Theory

January 24, 2018 / Writing and Speaking

In a split decision, the Illinois Supreme Court holds that a hospital could not be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated, independent clinic that was not a party to the litigation.

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