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
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
[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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[UPDATED THROUGH September 12, 2016] Trzop v. Hudson Supreme Court Case Number: 120034 Appellate Court: First District, Fifth Division Appellate Court Case Number: 1-15-0419 Issue Presented: Did the plaintiffs have standing to challenge the amendment to the trust document? Summary of Facts and Lower Court Holdings… Continue Reading
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[UPDATED THROUGH September 6, 2016] J & J Ventures Gaming, LLC v. Wild, Inc. Supreme Court Case Number: 119870 Appellate Court: Fifth District Appellate Court Case Number: 5-14-0092 Issues Presented: (1) Is the dispute between the plaintiff, defendant and intervenor regarding whether or not the plaintiff has a valid “written use agreement” within the meaning … Continue Reading
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[UPDATED THROUGH September 12, 2016] Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings Supreme Court Case Number: 117720 Appellate Court: First District, Division One Appellate Court Case Number: 123645 Issue Presented: What is the proper remedy where an administrative notice of building code violations was served upon the property itself, not the … Continue Reading
[UPDATED THROUGH September 12, 2016] Bayer v. Panduit Corporation Supreme Court Case Number: 119553 Appellate Court: First District, Division One Appellate Court Case Number: 1-13-2252 Issues Presented: (1) Did the trial court properly hold that a settlement with plaintiff’s employer in a case involving a workplace injury was in good faith for purposes of the … Continue Reading
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A corporation’s citizenship for purposes of Federal diversity jurisdiction is governed by 28 U.S.C. 1332(c)(1): a corporation is a citizen of the state of its incorporation, and the state where its principal place of business is found. This morning, in a decision certain to have a major impact on the day-to-day functioning of the Federal … Continue Reading
