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Today, we’re resuming our series on the antitrust law of transactions taking place on foreign soil. This post completes our review of the antitrust law of foreign transactions prior to the passage of the Foreign Trade Antitrust Improvement Act. First, a ground rule that I should have clarified earlier – our purpose here is a … Continue Reading
Today, let’s begin our section by section tour through the American Law Institute’s new Insurance Restatement. Chapter 1, Section 1 of the Restatement includes definitions of common terms found in the law of liability insurance, including such commonplace concepts as a condition, the insuring clause, a mandatory (versus non-mandatory) rule, a policy limit and a … Continue Reading
On Wednesday, May 8, I’ll be joining a pair of California Supreme Court experts for a panel discussion, “What to Expect from the Brown Court” at the Bar Association of San Francisco’s Conference Center, 301 Battery Street, 3rd Floor in San Francisco (the discussion will also be available through a webcast). Justice Joshua P. Groban, … Continue Reading
Today, we’re continuing the prologue of our tour through the law of the Foreign Trade Antitrust Improvement Act, surveying the antitrust law of foreign-based transactions in the years leading up to enactment of the FTAIA. In our first installment, we reviewed the Supreme Court’s decision in American Banana Co. v. United Fruit Company, 213 U.S. … Continue Reading
Two weeks ago, we announced a new biweekly series analyzing, section by section, the new Restatement of the Law of Liability Insurance. Before we begin talking about specific sections, let’s review the response so far to the Restatement from courts and other authorities outside the ALI. Pushback against the Restatement began even before final approval … Continue Reading
Two weeks ago, we announced a new biweekly series on the law of the Foreign Trade Antitrust Improvement Act. Before we embark on our survey of the cases since passage of the FTAIA, let’s spend a few weeks reviewing the slate upon which Congress was writing when they passed the FTAIA – what was the … Continue Reading
Ever wonder how the Restatements of the Law which we all read in law school (and have seen in even some modest law libraries throughout our careers) are written – and exactly who the American Law Institute – the credited authority behind the Restatements – is? As a prelude to our new biweekly series of … Continue Reading
Section One of the Sherman Act is written in simple, straightforward language: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” Okay, maybe a little too simple, since, as the courts quickly realized, … Continue Reading
I’m delighted to welcome three new experienced and talented appellate specialists to our growing San Francisco office! Here’s the firm’s press release – Horvitz & Levy Expands San Francisco Office with Three Experienced Appellate Hires Bay Area Office for Nation’s Largest Appellate Boutique Offers Unmatched Expertise Horvitz & Levy LLP, the country’s largest boutique law … Continue Reading
Tuesday, March 12, I’ll be a panelist for a Strafford webinar on Data Analytics and Litigation. The other two panelists are Steve Embry, publisher of Tech Crossroads (and a former colleague of mine many years ago) and Evan Moses, a partner at Ogletree Deakins, Nash, Smoak and Stewart. The time is 10:00 – 11:30 Pacific. … Continue Reading
Exciting& news from a press release this morning: Horvitz & Levy LLP, the country’s largest boutique law firm dedicated to civil appeals and trial strategy consulting, is opening a San Francisco office at 505 Sansome Street in the city’s iconic Transamerica Pyramid Center, strengthening the firm’s California roots. The new office will be led by … Continue Reading
On November 15 at the Union Club in Chicago, I’ll have the pleasure of joining the members of the Appellate Lawyers Association and the South Asian Bar Association of Chicago for a discussion of the data analytics revolution as it applies to appellate law – “Patterns and Practice: How Analyzing the Illinois Supreme Court Can … Continue Reading
Last week, I was looking at our archives, pulling up old research, and I stumbled onto this two-year old post – my 500th on Appellate Strategist. Now that our other two blogs, Illinois Supreme Court Review and California Supreme Court Review, have been publishing for a while, I decided to check the dashboards there too. … Continue Reading
A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is the non-lawyer’s participation imputed to the corporation, meaning that the corporation had notice of the adminstrative proceeding and it’s now final … Continue Reading
The Illinois Administrative Review Law provides that a complaint for judicial review of an administrative decision must be filed within 35 days from the date that a copy of the decision to be reviewed was served upon an aggrieved party. In Grimm v. Calica, the Illinois Supreme Court held that the date in the heading … Continue Reading
Civil forfeitures have been controversial for a number of years. The underlying idea – that a person can be said to have forfeited his or her rights in a particular item of property by using it to commit a crime – is difficult to challenge, but some observers believe that the remedy has been abused … Continue Reading
In order to recover damages under the Federal Employers’ Liability Act, an employee of a railroad must show that the railroad operated in interstate commerce, that the plaintiff was injured in the scope of his or her duties, and that the injury resulted “in whole or in part” from the employer’s negligence. What this means, … Continue Reading
According to Section 3-107(b) of the Local Governmental and Governmental Employees Tort Immunity Act, no public entity or public employee is “liable for an injury caused by a condition of . . . [a]ny hiking, riding, fishing or hunting trail.” 745 ILCS 10/3-107(b). The purpose of the statute is to encourage public entities to maintain … Continue Reading
According to Section 9(g)(4) of the Illinois Condominium Property Act, any purchaser of a condominium unit who acquires a property either at a foreclosure sale or by post-foreclosure purchase from the mortgagee must pay the last six months’ worth of delinquent assessments on the unit. 765 ILCS 605/9(g)(4). So where the wholly-owned subsidiary of the … Continue Reading
The Illinois Supreme Court has long held that when parties enter into a broad arbitration agreement but it’s unclear whether the specific subject of a dispute is covered, the question of arbitrability is initially decided by the arbitrator, not a court. But that rule is subject to a big caveat: the right to arbitrate can … Continue Reading
At a closed session of the school board, six of the seven members sign a separation agreement with the outgoing school superintendent, but don’t date it. Several weeks later, the Board holds a public meeting. The agenda posted on the website states that the Board will approve “a resolution regarding the separation agreement and release” … Continue Reading
The City of Chicago levies a tax on the lease or rental of personal property within the City or the privilege of using personal property leased elsewhere in the City. In 2011, the City’s director of the department of revenue issued Ruling 11, which provided that the City Department of Revenue would hold suburban car … Continue Reading
In the vast majority of cases, the Illinois Supreme Court is in complete control of what cases wind up on its docket – parties file a petition for leave to appeal, and the Court allows it or doesn’t in the exercise of its “sound judicial discretion.” But there’s one instance in which, curiously enough, the … Continue Reading
In 2003, the Illinois Supreme Court held that anyone who qualified for a line-of-duty pension under section 4-110 of the Illinois Pension Code qualified as having a “catastrophic injury” within the meaning of Section 10(a) of the Public Safety Employee Benefits Act, thus triggering a right to have their health insurance premiums paid. But does … Continue Reading
