In Gaines v. Fidelity National Title Ins. Co., S215990, a divided California Supreme Court (5-2) upheld the dismissal of this case for failure to bring the matter to trial within five years, as required by Code of Civil Procedure § 583.310. In doing so, the Supreme Court affirmed the lower courts and rejected plaintiff’s argument … Continue Reading
The California Supreme Court recently issued two opinions resulting from the aftermath of the 2009 real estate crash. It addressed both the statutory protections for a homeowner after a short sale (i.e., a sale for less then what is owed on the mortgage) and their ability to sue for wrongful foreclosure. In both cases, the … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that when a covered employee sustains a “catastrophic injury,” the employee is entitled to the additional benefit of having his or her health insurance premiums, as well as those of his or her partner and/or dependent children, paid by the employer. Is Section 10 triggered … Continue Reading
In the closing days of its January term, the Illinois Supreme Court agreed to decide a question of considerable importance to the trusts, wills and estates bar – who has standing to challenge an amendment to a trust document? The Court allowed a petition for leave to appeal in Trzop v. Hudson, a decision from … Continue Reading
The Florida Supreme Court will resolve a conflict between the Third and Fourth Districts regarding whether the litigation privilege can be used to bar a claim for malicious prosecution. See No. SC15-1477. In the case before the Court, the Fourth District held that “the litigation privilege cannot be applied to bar the filing of a … Continue Reading
The Illinois Unemployment Insurance Act provides that benefits may be denied when an employee is terminated for a “deliberate and willful violation of a reasonable rule or policy” of the employer. Last week, in a unanimous opinion by Justice Burke in Petrovic v. The Department of Employment Security, the Illinois Supreme Court held that misconduct … Continue Reading
Every medical facility has dozens of files consisting of papers submitted in conjunction with physician applications for credentials to practice in that facility. Are such documents privileged from discovery in a medical malpractice lawsuit claiming, in part, that the facility was negligent for renewing the defendant’s credentials? Late last month, a unanimous Illinois Supreme Court … Continue Reading
A long-standing common law principle called the “public duty rule” holds that local government entities and their employees owe no tort duty of care to individual citizens to provide governmental services such as police and fire protection – such duties are owed to the public as a whole. In the closing days of its January … Continue Reading
Originally published on Law360, Feb. 4, 2016. Posted with permission. 2015 was a year of transition for the California Supreme Court as two new justices appointed by Gov. Jerry Brown, Justices Mariano-Florentino Cuellar and Leondra R. Kruger, took office in early January. Because the new justices replaced Republican appointees, there has been widespread speculation that … Continue Reading
The Florida Supreme Court has accepted review of Searcy Denney Scarola Barnhart & Shipley, P.A. v. State, No. 4D13-3497, 2015 WL 4269031 (Fla. 4th DCA July 15, 2015), which will require it to decide whether a claims bill* that awarded $15 million to a minor plaintiff, but limited attorneys’ fees to $100,000, when the law … Continue Reading
The Florida Supreme Court will review the First District’s decision in Borden Dairy Co. of Alabama, LLC v. Kuhajda, 171 So. 2d 242 (Fla. 1st DCA Aug. 14, 2015), which certified conflict with the Fourth District’s decision in Bennett v. American Learning Systems of Boca Delray, Inc., 857 So. 2d 986 (Fla. 4th DCA 2003). … Continue Reading
On December 2, 2015, the Second District Court of Appeal, in Panzera v. O’Neal (Case No. 2D14-4302), held that the plaintiffs did not present any admissible evidence to support their negligence claim against the defendant-truck driver and his employer or to refute the conclusion that the decedent-pedestrian caused the highway collision. Accordingly, the court affirmed … Continue Reading
This morning, a majority of the Illinois Supreme Court sided with the Chicago Board of Education in a dispute with its teachers union, holding in The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board that the Board of Education was not required to participate in mandatory arbitration over … Continue Reading
A litigant files suit, litigates for several years, and then, prior to trial, exercises her right to voluntarily dismiss the action without prejudice. Not long after, she refiles the action and is assigned (apparently by chance) to the same judge. The litigant attempts to exercise her statutory right to one automatic substitution of judge under … Continue Reading
According to Section 2 of the Contribution Act, when a party settles a claim in good faith against one tortfeasor, the finding of good faith automatically discharges that tortfeasor from any liability for contribution to another tortfeasor. (740 ILCS 100/2.) On the final day of its November term, the Illinois Supreme Court allowed a petition … Continue Reading
It’s not at all uncommon for state and local governments to use targeted tax breaks as a tool for encouraging economic growth, giving various types of businesses – and sometimes, single major employers – incentives to expand their operations. On the final day of the November term, the Illinois Supreme Court agreed to decide the … Continue Reading
On the final day of the November term, the Illinois Supreme Court agreed to hear Hampton v. Metropolitan Water Reclamation District of Greater Chicago. Hampton poses a simple question: should the Court overrule its 1948 decision in People ex rel. Pratt v. Rosenfield holding that temporary flooding caused by government action can never constitute a … Continue Reading
During its just-ended November term, the Illinois Supreme Court heard oral argument in Jones v. Municipal Employees’ Annuity and Benefit Fund of Chicago, a sequel of sorts to In re Pension Reform Litigation from earlier this year. This time, the Court is reviewing a decision from the Circuit Court of Cook County striking down SB … Continue Reading
During the recently concluded November term, the Illinois Supreme Court heard oral argument in Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings, a decision from the First District of Division One. Stone Street poses a question with possibly serious implications for administrative law in Illinois: do corporations have to be represented … Continue Reading
Can the person or entity buying a condominium in a foreclosure sale ever be held liable for condominium assessments which accrued prior to the sale? This morning, a unanimous Illinois Supreme Court held in 1010 Lake Shore Association v. Deutsche Bank National Trust Company that the answer was “yes.” Our detailed summary of the facts … Continue Reading
Is an order issuing a tax deed void where the statutory take notices to the owner are missing certain information required by the statute? Does due process require that the buyer at the tax sale demonstrate that the former owner of the property actually received the notices? This morning, in an opinion by Justice Thomas, … Continue Reading
An engineering firm surveys a tract of land, prepares and records a plat, conducts a wetlands survey, and provides various services for planning roads, utilities and sewers for a proposed subdivision. But ultimately, the developer declares bankruptcy and the project is cancelled. Can the engineering firm record a valid mechanics lien? In Christopher B. Burke … Continue Reading
In the closing days of its September term, the Illinois Supreme Court heard oral argument in People ex rel. McGuire v. Cornelius, which poses a potentially important question for the tax and property law bars: what notice to the current owner of a property is sufficient to grant the court jurisdiction to finalize a tax … Continue Reading
Can a lower court set aside the order of dismissal it entered on the instructions of the Supreme Court when subsequent developments appear to cast doubt on part of the Supreme Court’s decision? That was the issue pending before the Illinois Supreme Court earlier this month in Price v. Philip Morris, Inc. In an opinion … Continue Reading
