The Dawn of Tort Reform: Governor Ron DeSantis Signs HB 837 Into Law
3/31/23
Governor Ron DeSantis signed Senate Bill 2-A into law in December 2022, followed by his signing of HB 837 on March 24, 2023. Together, these new laws provide sweeping reforms that dramatically effect Florida’s insurance and tort landscape. As concrete …
Exhaustion Not Required: Perez v. Sturgis Public Schools
3/31/23
By Tia J. Combs and Sean C. Harrison
This week, the U.S. Supreme Court rendered a rare 9-0 decision in Miguel Luna Perez v. Sturgis Public Schools, extending its decision in Fry v. Napoleon County Schools that exhaustion under …
Indiana Reaffirms Need for Insured to Read Policy in Win for Insurance Agent
3/29/23
By Donald Patrick Eckler
The Indiana Court of Appeals has adopted a rule regarding when the statute of limitations begins to run for claims against an insurance producer similar to that in Illinois announced by the Illinois Supreme Court in …
Beware of Unpaid Illinois Subcontractor Employees
3/28/23
By Dustin Karrison and Kolton Reed
General contractors are now obligated to pay the unpaid wages of a subcontractor’s employee, following recent amendments to the Illinois Wage Payment and Collection Act. The Act applies to all construction contracts executed after …
Outside Counsel Beware: Legal Malpractice Actions and Subrogation by Insurance Carriers Against Insurance Appointed Counsel
3/27/23
By Jaemie L. Paraon and Albert K. Alikin
Several states have well-established case law holding that insurance carriers have a right to bring a direct malpractice action against defense counsel they retained to defend an insured, as long as …
The Next BIPA?: Why Insurance Claim Professionals Should Pay Attention to GIPA
3/27/23
By Joseph Tripoli and Jonathan Schwartz
Earlier this month, Amazon was sued in Illinois state court by current and former employees who claim the company unlawfully requested and obtained their family medical histories during the job application process in violation …
California’s Proposition 22 Survives … For Now
3/27/23
By Nathaniel L. Dunn
Supporters of Proposition 22, now codified at California Business and Professions Code sections 7448-7467, were handed a significant victory recently when the Court of Appeal reversed a trial court judgment that ruled the second most expensive …
Appellate Opinion Reaffirms that Insurance Coverage Defenses such as Policy Exclusions are Not Subject to Waiver Under Georgia Law
3/24/23
By Jessica Samford
The United States Court of Appeals for the Eleventh Circuit, in a per curiam though unpublished opinion, has once again had the opportunity to apply the Supreme Court of Georgia’s holdings in the 2012 decision Hoover v. …
FINRA’s $3 Million Dollar Fine Against Webull: A Reminder to Broker-Dealers of Due Diligence Obligations in Approving Accounts for Options Trading
3/23/23
By Brett Asa
Webull Financial LLC, a freshly minted online brokerage, came to rise in 2018 by promoting 0% commission trading of stocks, options, and crypto. According to the Financial Industry Regulatory Authority’s (FINRA) latest News Release1, …
It’s About Time
3/23/23
By Scott Hroza
Failing to file a timely post-trial motion is one of the most common ways an attorney can get sued for malpractice. On April 24, 2023, the Supreme Court of the United States will be hearing oral argument …
Videos Don’t Lie: Illinois Appeals Court Revives Bodily Injury Lawsuit Based on Video Footage of Accident
3/22/23
By Joseph T. Tripoli
In Williamson v. Evans Nails & Spa Corporation, the Illinois appellate court ruled that video footage of a nail salon customer’s fall was sufficient to reverse summary judgment in favor of the salon and allow …
Georgia Clarifies When an Exculpatory Clause will Apply to Preclude Liability
3/21/23
By Adam P. Reichel and Marc J. Shrake
Contract language and the extent it can be used to limit liability in the professional context is a never-ending chess match between individuals seeking to impose liability and professionals attempting to evade …