Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. Aon Corp., …
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
10/4/23
By: Donald Patrick Eckler and Joshua W. Zhao
Is a statutory violation alone sufficient to satisfy the “injury in fact” requirement of standing outside the context of the Illinois Biometric Information Privacy Act (BIPA)? The Illinois Supreme Court will take …
Statute of limitations and release doom an Illinois plaintiff’s legal malpractice claim
10/3/23
By: Donald Patrick Eckler and Joshua W. Zhao
Reaffirming the well settled law that a plaintiff’s knowledge that they have been injured commences the statute of limitations even if the plaintiff does not know that the defendant caused the injury …
9/28/23
By: Donald Patrick Eckler and Adelaide Bell
In the recent case of Comprehensive Marketing, Inc. v. Huck Bouma P.C., and Mark Bishop, 2023 IL App (1st) 220694-U, the court examined allegations of legal malpractice and breach of contract, emphasizing …
Supreme Court of Georgia affirms decision that cap on punitive damages is constitutional
9/26/23
By: Michelle Yee and Sean R. Riley
In a recent decision, Taylor v. Devereux Found., Inc., 316 Ga. 44, 92, 885 S.E.2d 671, 707 (2023), the Supreme Court of Georgia ruled that a statutory cap on punitive damages did …
9/22/23
By: Lynne Finley
In the recent Texas Supreme Court decision, The Univ. of Tex. Sys. v. The Franklin Ctr. For Gov’t & Pub. Integrity. Supreme Court of Texas. Jun 30, 2023. No. 21-0534 (Tex. Jun. 30, 2023), the court provided …
Res judicata dooms claim against Illinois real estate broker
9/20/23
By: Joshua W. Zhao and Donald Patrick Eckler
Does the doctrine of res judicata bar a plaintiff’s claims against a real estate broker if the basis for those claims was undiscovered in a prior action against the seller that were …
California rejects “creative” collateral source theory of standing
9/19/23
By: Joseph Gonnella
California’s Unfair Competition Law requires an economic injury to establish standing to sue. The California Court of Appeal’s recent opinion rejected a party’s attempt to allege standing based upon his insurer’s overpayments under a collateral source theory. …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and Jeremy Hill, …
Nuclear Verdict Largest Ever in the State of Ohio
9/7/23
By: Doug Holthus and Ashley Hetzel
A Columbus, Ohio family was recently awarded $787M by a federal trial court jury following the death of the family’s 2-year-old son in 2018.
On May 22, 2018, the 2-year-old was playing with his …