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The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Jurisdictions

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The Illinois Supreme Court In 2014: A Look At The Stats

Posted in Illinois
[The following post was originally published on Law360.com on February 12, 2015.] For the last two years (see here and here), we’ve taken a close statistical look at the previous year’s decisions from the Illinois Supreme Court to see what insights could be gained about the court’s voting patterns and decision-making dynamics. In 2014, the… Continue Reading

Florida High Court to Examine the Scope of a Psychotherapist’s Legal Duty to Prevent an Outpatient’s Suicide

Posted in Florida
The Florida Supreme Court has accepted review of Granicz v. Chirillo, 147 So. 3d 544 (Fla. 2d DCA 2014), where the Second District reversed a summary judgment in favor of a psychotherapist, finding that plaintiff’s expert testimony established that the psychotherapist owed a legal duty to prevent his outpatient’s suicide.  See Chirillo v. Granicz, No.… Continue Reading

Florida High Court Set to Clarify When an Insured Is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

Posted in Florida
On April 15, 2015, the Florida Supreme Court accepted review of Omega Insurance Co. v. Johnson, No. 5D13-1701, 2014 WL 4375189 (Fla. 5th DCA Sept. 5, 2014), which found that an insured was not entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine based on an… Continue Reading

Unanimous Illinois Supreme Court Strikes Down State Public Pension Reform Act

Posted in Illinois, Pension Reform Litigation
As we predicted, the Illinois Supreme Court has unanimously struck down the state Public Pension Reform Act. The Court’s opinion was written by Justice Lloyd Karmeier. We’ve written extensively about the background of the pension debate and the legal issues involved over the past year. For a guide to our previous posts, both here and… Continue Reading

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

Posted in Florida
On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a common law duty to supervise a student athlete who collapsed during a high school soccer… Continue Reading

Join Us Wednesday for “The California Supreme Court: What to Expect in 2015″

Posted in Announcements, California
On Wednesday, April 29th at 11:00 AM Pacific/2:00 PM Eastern, Sedgwick’s Appellate Task Force will present its webinar “The California Supreme Court: What to Expect in 2015.” Highlights of the hour-long CLE presentation include: Data Analytics and the Court: We’ll preview our group’s new data analytics database on the Court’s work since 2000. We’ll discuss… Continue Reading

Illinois Supreme Court Holds Treasurer Needs Appeal Bond Too

Posted in Illinois
Earlier this month, a unanimous Illinois Supreme Court held in Illinois State Treasurer v. Illinois Workers’ Compensation Commission that the State Treasurer, when appealing a workers’ compensation award in a case where he appears as custodian of the Injured Workers’ Benefit Fund, must file an appeal bond. If this sounds like a minor procedural flaw,… Continue Reading

Illinois Supreme Court Agrees to Decide Property Dispute Between Former Same-Sex Domestic Partners

Posted in Illinois
In Hewitt v. Hewitt in 1979, the Illinois Supreme Court decided that for public policy reasons, Illinois courts cannot decide property disputes between unmarried couples. In the closing days of the March term, the Court agreed to decide whether or not Hewitt remains good law in the context of same-sex domestic partner relationships. According to… Continue Reading

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

Posted in Illinois
In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State, County, and Municipal Employees, Council 31 poses the question of whether pay raises promised in the State’s contracts… Continue Reading

Join Us on April 29 for “The California Supreme Court: What To Expect in 2015”

Posted in California
On Wednesday, April 29th at 11:00 AM Pacific/2:00 PM Eastern, Sedgwick’s Appellate Task Force will present its first webinar of 2015, “The California Supreme Court: What to Expect in 2015.”  We’ll preview our group’s analytical data library on the Court’s 600+ civil decisions since 2000, and take a look at the highlights of the Court’s… Continue Reading

Illinois Supreme Court Holds Doctrine of Equitable Adoption Doesn’t Apply to Parentage Proceedings

Posted in Illinois
Two years ago, the Illinois Supreme Court recognized the doctrine of equitable adoption in the context of an estate proceeding. In In re Parentage of Scarlet Z.-D., the Court was presented with the question of whether the doctrine should be extended to a parentage proceeding. In late March, the Court handed down its unanimous decision:… Continue Reading

Illinois Supreme Court Holds Captive Insurance Agents Owe Limited Tort Duty to Clients

Posted in Illinois
Section 2-2201 of the Code of Civil Procedure provides that “[a]n insurance producer . . . shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed insured.” (735 ILCS 5/2-2201). For many years, Illinois insurance law has distinguished between insurance “brokers” – independent actors who… Continue Reading

Illinois Supreme Court Holds Accountant is Holder of Privilege, No Testamentary Exception

Posted in Illinois
Late in the March term, the Illinois Supreme Court handed down its opinion in Brunton v. Kruger, an opinion with potentially significant implications for Illinois accountants. Brunton posed three related questions about the statutory accountant’s privilege (225 ILCS 450/27): who holds it – the accountant or the client; is there an exception for will contests;… Continue Reading

Illinois Supreme Court Declines to Apply Environmental Injunction Statute Retroactively

Posted in Illinois
In July 2004, the Illinois legislature amended the state Environmental Protection Act to authorize the Attorney General to seek “an injunction, prohibitory or mandatory, to restrain violations . . . or to require such other actions as may be necessary to address violations of this Act.” The following year, the Supreme Court held in People… Continue Reading

Illinois Supreme Court Holds Circuit Court Clerk Had No Duty to Confirm Accuracy of Jail Credits

Posted in Illinois
When a defendant is convicted of a criminal offense and sentenced to prison time, the Unified Code of Corrections requires the Circuit Court clerk to transmit to the Department of Corrections the total time the defendant served prior to entry of final judgment so that the the defendant’s credits for “time served” can be calculated.… Continue Reading