Our previews of the Illinois Supreme Court’s September docket continue with Hartney Fuel Oil Co. v. Hamer, which will be argued this morning in Chicago. Our detailed summary of the facts and lower court rulings in Hartney Oil is here. The plaintiff in Hartney resells fuel oil to railroads, trucking companies, gas stations and other fuel … Continue Reading
Yesterday morning, I had the pleasure of joining host Jim Meadows on WILL-AM Radio 580’s hour-long discussion show “Focus” for a preview of the Illinois Supreme Court’s September term. Joining us for the discussion was Steve Beckett, a founding partner at Beckett and Webber, P.C. in Urbana and a lecturer at the University of Illinois College … Continue Reading
Our previews of the oral arguments on the Illinois Supreme Court’s September docket continue with People ex rel. Department of Labor v. E. R. H. Enterprises, Inc. [pdf]. E.R.H. began in 2008 when the Labor Department issued the company a subpoena for production of certain employment records. The subpoena stated that the Department was investigating whether … Continue Reading
Our previews of the oral arguments on the Illinois Supreme Court’s September docket begin with Hooker v. Retirement Fund of the Firemen’s Annuity and Benefit Fund of Chicago, which is set for argument tomorrow morning, September 11. Our detailed summary of the facts and lower court rulings in Hooker is here. Hooker involves two surviving spouses … Continue Reading
The Florida Supreme Court has granted review to resolve a conflict between two of Florida’s district courts of appeal on whether the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. In Delva v. Continental Group, Inc., 96 So. 3d 956 (Fla. 3d DCA 2012), the Third District Court of Appeal concluded that the FCRA, … Continue Reading
The Illinois Supreme Court has announced the dates on which it expects to issue opinions as well as issuing other dispositive orders during the first two months of its temporary stay at the Michael A. Bilandic Building in Chicago. The Court expects to issue opinions on Thursday September 12; Thursday September 19; Thursday October 3 and … Continue Reading
On Monday September 8th from 10 to 11 A.M. Central, I’ll have the pleasure of joining host Jim Meadows on WILL-AM Radio 580’s hour-long discussion show “Focus.” We’ll be discussing the important cases on the Illinois Supreme Court’s upcoming September docket, both civil and criminal, as well as discussing the careers of the Justices themselves. Also joining … Continue Reading
On April 23, 2013, the Florida Supreme Court accepted review of a case involving the issue of whether a person in an altercation with another person owes that other person a duty of care when he blocks his means of escape, allowing a third party to strike him from behind with a weapon. See Reider … Continue Reading
This morning, the Illinois Supreme Court announced a busy oral argument docket of twelve civil cases for the September term, the Court’s first term of its potentially year-long stay in Chicago. The cases are: Wednesday, September 11 Hooker v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago, No. 114811 — Issues Presented: Do … Continue Reading
Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See Samples v. Florida Birth-Related Neurological Injury Compensation Ass’n, 114 So. 3d 912 (Fla. 2013) (click here to view … Continue Reading
One of the cases the Supreme Court of Florida will be considering this Fall concerns “legislative privilege” – specifically, whether Florida legislators or legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new congressional districts. See Fla. House of Representatives v. League of Women Voters … Continue Reading
Last week, in a case which had attracted nationwide interest in the workers’ compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the Workers’ Compensation Commission. Justice Robert R. Thomas wrote the opinion for the five-Justice majority in Gruszeczka v. The Illinois Workers’ Compensation … Continue Reading
Florida has established a statutory framework for the pre-suit investigation of medical malpractice cases. See §766.201-.212, Fla. Stat. Part of that framework requires that a claimant, prior to noticing its intent to initiate medical negligence litigation, “corroborate reasonable grounds to support the claim of medical negligence” with a “verified written medical expert opinion.” On July … Continue Reading
In a controversial 4-3 decision, the Florida Supreme Court in Washington National Insurance Corp. v. Ruderman, No. SC12-323, 2013 WL 3333059 (Fla. July 3, 2013), held that ambiguous language in an insurance policy “must be construed against the insurer and in favor of coverage without resort to consideration of extrinsic evidence.” (Emphasis added). While … Continue Reading
Florida’s Supreme Court recently adopted new standard jury instructions for contract and business cases. The instructions, drafted over a period of six years by a committee of Florida trial and appellate lawyers and judges, and modeled in form after California’s contract instructions, cover all aspects of contract and business disputes, including contract formation, breach, interpretation, … Continue Reading
Effective July 1, 2013, Florida’s Medicaid Third-Party Liability Act now provides a mechanism for recipients of Medicaid to challenge the amount they must reimburse Florida’s Agency for Healthcare Administration (AHCA) after settling with or obtaining a judgment or award against liable third-parties. See § 409.910(17), Fla. Stat. (to see the amendments as reflected in … Continue Reading
On May 3, 2013, the Florida Supreme Court accepted for review two cases involving the apportionment of joint proposals for settlement: Arnold v. Audiffred,98 So. 3d 746 (Fla. 1st DCA 2012) (Fla. Sup. Ct. Case No.: SC12-2377) and Pratt v. Weiss, 92 So. 3d 851 (Fla. 4th DCA 2012)(Fla. Sup. Ct. Case No.: SC12-1783). … Continue Reading
Effective July 1, 2013, the Florida Senate passed legislation that clarifies when a non-defendant physician may retain legal representation when called as a witness and limited who may qualify as an expert witness in medical negligence cases. See Senate Bill 1792 (legislative history for the law can be found here). As for the … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will hand down its decision in Hope Clinic for Women v. Adams. Hope Clinic is a challenge to the constitutionality of the Illinois Parental Notice of Abortion Act. Because the challenge in Hope Clinic was brought solely under the Illinois constitution, the case raises interesting issues … Continue Reading
With the Illinois Supreme Court halfway through its oral argument schedule for 2013 – three dockets down, three to go, beginning with September in Chicago – it’s time to take another look at the questions log. In the first three terms, the Court has heard argument in 16 civil cases. Questioning has varied widely from case … Continue Reading
Late last week, the Illinois Supreme Court handed down its opinion in Wilkins v. Williams, holding that the state Emergency Medical Services Act makes the private owner and driver of an ambulance immune from tort liability for any motor vehicle accident occurring while they are rendering services. Our detailed summary of Wilkins, including the lower court … Continue Reading
In the final days of the May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our preview of the new cases concludes with Venture-Newberg Perini Stone & Webster v. Illinois Workers’ Compensation Commission. Venture-Newberg poses the following question: when is a union pipefitter who accepts a short-term job too … Continue Reading
In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a jurisdictional question of potentially great importance: may the Attorney General challenge the actions of the … Continue Reading
Like most states, Illinois is in the early stages of transitioning to an e-filing system in its state courts. With new rules come new problems for litigators: does this case qualify for e-filing? Is e-filing of this document mandatory, permissive, or barred? Last week, a divided Illinois Supreme Court handed down its first major decision on the … Continue Reading
