The United States Supreme Court just issued an opinion holding that state statutes that purport to limit a claimant’s ability to bring a class action do not govern proceedings in federal court, even in a diversity case. Shady Grove Orthopedic Assoc., P.A. v. Allstate Ins. Co. began as claimant Shady Grove’s attempt to recover statutory interest … Continue Reading
With a recent employment decision, the California Supreme Court has handed insurance companies a compelling new argument, potentially limiting their exposure to punitive damages in bad faith cases. The question is: when is an insurance company subject to punitive damages for the acts of an employee/ adjuster in connection with the handling of a single … Continue Reading
In law school, it seemed simple enough: business relationships were generally governed by contract and warranty, and tort was reserved for conduct that hurt people or damaged property. But in practice, the line is constantly shifting: the plaintiffs’ bar – often aided by state legislatures – tries to turn routine business disputes into torts, while the … Continue Reading
The problem of coverage for the so-called "innocent insured" is a recurring one. The issue arises when there is more than one insured on the policy and one commits an act that would bar coverage. Does that act bar coverage for all, or only for the intentional actor? In California, this problem has reared its head … Continue Reading
On March 23, the U.S. Supreme Court issued a unanimous opinion limiting the rights of litigants to challenge a judgment outside the ordinary appeals process by arguing the judgment is "void." In United Student Aid Funds v. Espinosa (.pdf), the Supreme Court considered an order in a chapter 13 bankruptcy case that approved a plan allowing … Continue Reading
Insurance brokers in Florida can now be liable to insurance companies which suffer a loss as a result of the broker’s own fraud or negligence in providing information in an application material to the issuance of a policy. An appellate court in Florida has issued an opinion applying section 552 of the Restatement (Second) of … Continue Reading
This afternoon, the Illinois Supreme Court allowed petitions for review in eight new civil cases. They are: Williams v. Board of Review, 395 Ill.App.3d 337 (1st Dist., 2009), which involves review of a decision by the Board of Review of the Department of Employment Security to deny a terminated employee’s application for a Federally-funded trade readjustment … Continue Reading
The Appellate Strategist was the first blog to offer a comprehensive, regularly-updated database of civil issues — broken down by category and subject matter — that the California Supreme Court has agreed to hear and decide. We are proud to announce two new features. Since this "preview of coming attractions" has been one of our most popular … Continue Reading
Input from an amicus curiae can be invaluable to a court struggling with a difficult issue — as most matters pending before a High Court are — but can be counterproductive if not done properly or in the right situation. Before tendering another brief to a busy court that reads an enormous amount of material … Continue Reading
If a business evicts a patron on the grounds that he’s intoxicated, puts him in his car and requires him to drive away, does the business have a tort duty to persons the patron injures? According to the Illinois Supreme Court, the answer is "yes." Simmons v. Homatas, No. 108108(.pdf). Defendant Homatas visited a strip … Continue Reading
Nacht & Lewis Architects, Inc. v. Superior Court may be the most widely cited case in California. It seems to appear in most responses to Form Interrogatory Nos. 12.2 and 12.3 to justify refusing to produce recorded interviews of witnesses, any resulting attorney notes, or a list of interviewed witnesses. Now those numerous discovery responses may be … Continue Reading
The California Court of Appeal has issued an opinion which, if allowed to stand, threatens to eat away at the once-settled body of law that prohibits third-party claimants who were injured by an insured from suing the insured’s insurance company for unfair claims settlement practices under California Insurance Code § 790.03. Over 20 years ago, the … Continue Reading
In 2003, Congress enacted the latest version of the Medicare Act. It contained far broader language than previous versions on what State law claims it preempted: “The standards established under this part shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA … Continue Reading
Can a California trial court reduce a personal injury plaintiff’s recovery for medical expenses to reflect the amount actually paid by his health insurer? That question matters a lot to attorneys, parties and insurers, trying to value claims and where appropriate, seek settlements in thousands of cases every day. For twenty years, the answer under California … Continue Reading
A party in case before the Texas Supreme Court grew so frustrated by waiting for an opinion almost three years after oral argument that it sued the justices in federal court, alleging due process violations. Coincidentally (or not) the Supreme Court issued an opinion eight days later. The court heard oral arguments in Southwestern Bell … Continue Reading
[UPDATED THROUGH 10/14/16.] The California Supreme Court’s website is a veritable goldmine of information. Unfortunately, it’s not organized in a way that allows lawyers and clients to easily track issues the court has accepted for decision. We were the first site to regularly provide comprehensive and up to date information on all civil cases. The … Continue Reading
The Illinois Supreme Court has published its docket book for the March term, and the Court’s docket call will be heavy on civil matters this month in Springfield. On March 10, the Court will hear argument in Founders Insurance Co. v. Munoz, which involves the entitlement exclusion in personal automobile insurance policies, and Speed District … Continue Reading
The Appellate Strategist has gathered all civil cases pending on the merits before the Illinois Supreme Court, and has organized those cases by area of the law, providing identifying information for each case, the issue presented, and a summary of any opinion below. [UPDATED THROUGH September 12, 2016] Arbitration Civil Procedure Constitutional Law Construction Law … Continue Reading
[UPDATED THROUGH September 12, 2016] In re M.I. Supreme Court Case Number: 120232 Appellate Court: Third District Appellate Court Case Number: 3-15-0403 Issue Presented: Is it grounds for termination of parental rights based upon the parent’s failure to make reasonable progress toward the return of the child and failure to maintain a reasonable degree of … Continue Reading
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[UPDATED THROUGH June 13, 2015] Henderson Square Condominium Ass’n v. LAB Townhomes, LLC Supreme Court Case Number: 118139 Appellate Court: First Appellate District, Division Five Appellate Court Case Number: 1-13-0764 Issues Presented: (1) Did plaintiffs adequately allege facts sufficient to invoke the fraud exception to the statute of limitations in suit against condominium developer in … Continue Reading
[UPDATED THROUGH September 6, 2016] City of Chicago v. Alexander Supreme Court Case Number: 120350 Appellate Court: First District, Second Division Appellate Court Case Number: 1-12-2858 Issue Presented: Is the City of Chicago’s park-closing ordinance unconstitutional, both on its face and with respect to its unequal application? Summary of Facts and Lower Court Holdings Carle … Continue Reading
[UPDATED THROUGH September 12, 2016] Moon v. Rhode Supreme Court Case Number: 119572 Appellate Court: Third District Appellate Court Case Number:3-13-0613 Issue Presented: Does the discovery rule apply to the statute of limitations for wrongful death claims? Summary of Facts and Lower Court Holdings Report on the Oral Argument Murphy-Hylton v. Lieberman Management Services, … Continue Reading
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