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A recent Seventh Circuit Court of Appeals decision emphasizes that an insurer who denies coverage to its insured should take every step to protect its own interests in the liability action as soon as possible, otherwise it may be subjected to a collaborative settlement between the insured and the plaintiff. In C.E. Design, Ltd. and…
When a plaintiff reaches a settlement of a personal injury claim against one of multiple defendants, how does that settlement affect the remaining defendants? The answer will depend on which state’s laws govern. In Illinois, the remaining defendant may recover dollar-for-dollar up to the settlement amount if he otherwise complies with the statutory requirements of…
Effective June 1, 2015, all civil cases in Illinois will be tried by a jury of six, halving the longstanding tradition of deciding civil lawsuits with a twelve-person jury. Criminal trials will still be decided by a jury of twelve. Senate Bill 307 (SB 307), now Public Act 98-1132 cuts the number of jurors in…
In years past, plaintiffs have strategically used voluntary dismissals to avoid dispositive motions, gain time to amend pleadings, or even circumvent statutes of limitations. It was not uncommon for plaintiffs to respond to a motion to dismiss by voluntarily dismissing the defendant until they built a better case. In response to these practices, the Illinois…
A common fact scenario in a premises liability case is the plaintiff who is injured tripping over a large box, pallet, basket, display, etc. while shopping at the defendant’s retail store. When a defense attorney gets a case like this, the first thing that should come to mind is: this is “open and obvious.” The…
The New Year in Illinois will bring several changes to Illinois law, including some significant changes with respect to the pre-employment criminal background screening of applicants by prospective employers. As we covered in a previous blog post, an employer is already prohibited from inquiring into or considering the fact that an applicant was arrested or…
The Illinois Supreme Court recently reaffirmed that it really is all about the motive in a retaliatory discharge case. On December 4, 2014, the court in Michael v. Precision Alliance Group, LLC held that the three-part burden of proof analysis established in federal courts is still the law of the land. Once a former employee…
When a new case comes in one of my first questions for the adjuster or business owner is whether surveillance video of the accident is available. There is usually no easier way to uncover the truth behind the allegations in the plaintiff’s complaint. But frequently (and unfortunately), even with surveillance video, the truth of what…
On January 1, 2014, Illinois joined the ranks of nearly half of the United States which allow the medical use of marijuana when the Compassionate Use of Medical Cannabis Pilot Program Act went into effect. Illinois’ medical marijuana law legalizes the use of marijuana for medical, not recreational, purposes, and will be effective through 2017…
When an insurer denies policy coverage for a suit or even issues a reservation of rights and files a declaratory judgment action, the insured occasionally settles directly with the third-party claimant or plaintiff for a specified amount that may only be collected from the insurance proceeds if coverage is found. Two recent Illinois appellate court…