4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as a matter of first impression, …
Public officials, social media, and the First Amendment
4/2/24
By: Jacob E. Daly
When a public official uses a personal social media account for job-related purposes, does he or she violate the First Amendment rights of a person who posts negative comments on the page by deleting the comments …
“Improper” conduct by counsel during closing argument leads to new trial
3/13/24
By: Robert Chadwick
It is not uncommon during closing argument for a lawyer to refer to an opposing side’s case as “ridiculous,” “absurd,” or “insulting.” Such hyperbole is generally not considered to be sufficiently prejudicial to warrant a mistrial or …
3/4/24
By: Michael Freed
Under Georgia law, a party appealing a trial court’s order who wishes to include a hearing transcript in the appellate record must ensure that the transcript is prepared and filed within 30 days after filing the notice …
No bright line rule for an Illinois circuit court retaining jurisdiction to enforce settlement?
2/29/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Zanayed v. Mufarreh, 2024 IL App (1st) 230331-U, an Illinois appellate court held that a circuit court had jurisdiction to enforce a settlement agreement even though the dismissal order did …
Clarification of duty in Indiana to advise opposing counsel of motion for default judgment
2/27/24
By: Donald Patrick Eckler and Adelaide Bell
Default judgments and the crucial role of proper notice in legal proceedings were recently examined in the case of Milestone Contractors North, Inc. v. ReEnergize USA, LLC, No. 23A-CT-1607 (Ind. App. 2023), …
The Supreme Court of Georgia limits its “equal-division” jurisdiction
2/21/24
By: Michael Freed
Georgia’s Constitution requires the Court of Appeals to transfer a case to the Supreme Court when it is equally divided in deciding whether to affirm or reverse a lower court ruling. This situation does not occur often …
The costly consequences of mishandling notice of appeal in Illinois
2/12/24
In a case of importance to all Illinois practitioners, the Illinois Supreme Court in Waukegan Hospitality Group, LLC v. Stretch’s Sports Bar & Grill Corporation, 2024 IL 129277 found that the clerk’s rejection of a …
SCOTUS passes up the opportunity to address circuit split over transgender restroom use
1/29/24
By: Christian E. Foy Nagy, Esq. and Kelly Mahoney Haas, Esq.
We learned this month that an issue of pervasive interest to politicians and activists of all persuasions was not so compelling to merit review by the United States Supreme …
Indiana Supreme Court holds Rule 60(B) motion not required in certain circumstances
1/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Expert Pool Builders, LLC v. Vangundy, No. 23S‐PL‐171 (2024), the Indiana Supreme Court considered whether Siebert Oxidermo, Inc. v. Shields, 446 N.E.2d 332 (Ind. 1983) requires that a T.R. …
Georgia farmer cannot dig his way out of failure to obtain UM coverage
11/14/23
By: Lee D. Whatling and Philip W. Savrin
Is uninsured/underinsured motorist (“UM”) coverage imputed to one injured on a tractor that was not specifically scheduled on the policy and that was operating on a public road when it was struck …
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction manager. The construction …