As we have briefly explored here, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and Cosmetic Act (“FDCA”). Of particular note, the court held in PhotoMedex that Buckman “limits the ability of a private plaintiff to pursue … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term conclude with Poris v. Lake Holiday Property Owners Association. Our pre-argument preview of Poris is here. You can watch the oral argument here. The plaintiff owns property in the Lake Holiday Development, and is a member of the defendant Association. The defendant … Continue Reading
In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois’ "Right to Farm Act," 740 ILCS 70/1, didn’t bar the plaintiff’s nuisance suit against the defendants and their cattle farm. Today — as we predicted in our pre-argument preview here — the Illinois Supreme Court unanimously reversed in an … Continue Reading
This morning, a unanimous Illinois Supreme Court has held that the doctrine of subject matter waiver of attorney-client and work product privileges does not apply in the vast majority of cases to disclosures made outside the context of litigation. For our pre-argument preview of Center Partners, Ltd. v. Growth Head GP, LLC [pdf], see here. For our … Continue Reading
Today, the Illinois Supreme Court adopted Rule 502 of the Illinois Rules of Evidence, governing the circumstances in which disclosure of protected materials in a legal proceeding, or before a state or federal office or agency, affects a more general waiver of the attorney-client or work product privilege. The new state Rule 502 tracks Federal … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our pre-argument preview of Skokie Castings is here. Watch the oral argument here. Skokie Castings begins with a worker’s on-the-job injury. The worker’s employer was self-insured with respect to workers’ compensation insurance, but held … Continue Reading
This morning, the Illinois Supreme Court announced that it has allowed petitions for leave to appeal in six new civil cases. They are: Earlywine v. Earlywine, No. 114779 — a case on the construction of the Marriage and Dissolution of Marriage Act arising from the Second District. Hooker v. Retirement Board of the Firemen’s Annuity … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Bjork v. O’Meara. Our pre-argument preview of Bjork is here. Watch the oral argument here. Before his death, decedent begins taking steps to transfer a bank account to the plaintiff. He dies before the process is completed. The plaintiff intervenes in … Continue Reading
Yesterday, the California Supreme Court issued a unanimous opinion confirming the obligation of California trial judges to act as gatekeepers to insulate jurors from speculative expert testimony. The Court affirmed a trial court discretionary ruling excluding an expert’s opinion on future lost profits where the opinion lacked any objective factual anchor and applied standards so … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are: Center Partners, Ltd. v. Growth Head GP, LLC, No. 113107 et seq. – (1) Does the doctrine of subject matter waiver for the attorney-client privilege extend from litigation to business negotiations? (2) … Continue Reading
On December 4, 2012, the California Supreme Court is scheduled to hold oral arguments in Los Angeles on six matters, five of which are civil matters addressing a variety of business and commercial issues. Presumably these matters will all be submitted at the close of argument, so (barring any order to vacate the submission) the … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with State Bank of Cherry v. CGB Enterprises, Inc. Our pre-argument preview of State Bank of Cherry is here. Watch the oral argument here. State Bank arises from a farmer’s note to the plaintiff bank, using certain crops as security. After the … Continue Reading
As we noted here, the Ninth Circuit Court of Appeals’ decision in Stengel v. Medtronic Inc. is making its way through en banc review. Stengel, which involved both Riegel express preemption and Buckman implied preemption of state law claims regarding medical devices, was re-heard by the full Ninth Circuit on September 19, 2012. An audio recording of the … Continue Reading
With the November term in full swing and the holidays rapidly approaching, the Illinois Supreme Court has announced that the Court expects to file opinions on three remaining days in 2012: November 29, December 13 and December 28. The Court’s civil docket is largely up to date, accounting for the usual time between argument and … Continue Reading
Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Our preview of Griggsville is here. Griggsville-Perry arose from the firing of a noncertified paraprofessional who worked in an elementary school library. After a number of complaints about … Continue Reading
As I’ve noted in several previous posts, (see here, and here, and here), the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the Court will likely consider in a December conference. Review … Continue Reading
Late last week, I had the opportunity to speak with Colin O’Keefe of LXBN regarding what a second term for President Obama means for the Supreme Court. In the brief interview, I offer my thoughts on how the makeup of the court may change and what issues they may address. … Continue Reading
We conclude our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Bjork v. O’Meara, a case about traps for the unwary in challenges to the disposition of a decedent’s property. We previewed Bjork just after review was granted here. Here’s the problem the Court faces in Bjork. Every state … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Poris v. Lake Holiday Property Owners Association [pdf], a case which poses a number of interesting questions about the limits on the authority of private security forces. Our initial look at Poris, just after review was granted, is here. … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our initial look at Skokie Castings, just after review was granted, is here. Skokie Castings arises from a severe workplace injury which permanently disabled the employee. At the time, the employer was … Continue Reading
For many out-of-staters, the first image that comes to mind when they hear "Illinois" is downtown Chicago. Chicago’s one of the world’s great cities, but the fact is, much of Illinois is rural. The state’s 76,000 farms cover more than 28 million acres — nearly 80% of the total land area of the state. It’s estimated that the … Continue Reading
We begin our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Griggsville-Perry Community Unit School District No. 4. v. Illinois Educational Labor Relations Board [pdf]. Our first look at Griggsville-Perry, just after review was granted, is here. Griggsville-Perry arose from the Board’s firing of a noncertified paraprofessional who … Continue Reading
This afternoon, the Illinois Supreme Court announced its docket for the November term [pdf]. Join us back here over the weekend as we begin our previews of the five civil cases the Court has scheduled for argument next month: Griggsville-Perry Community Unit School v. The Illinois Educational Labor Relations Board (argument November 15th); State Bank … Continue Reading
This morning, a sharply divided Illinois Supreme Court held that a pleading signed by a non-lawyer is not automatically null and void. The decision was in Downtown Disposal Services, Inc. v. The City of Chicago. We previewed the decision yesterday evening, here. The plaintiff was cited four times for violating City ordinances relating to dumpsters. When the plaintiff … Continue Reading
