Appellate Court Finds Lack of Jury Trial Insufficient Reason to Set Aside Judgment Due to Untimely Challenge
On March 25, 2022, Illinois’ First District Appellate Court issued an opinion in Casteel v. Jiminezaffirming the dismissal of a petition (filed pursuant to 735 ILCS 5/2-1401) to set aside the judgment against the Defendant. The opinion contains an interesting analysis of the timeliness of filing a motion under 735 ILCS 5/2-1401 based on particular defenses. […]
What’s in a Name? The Importance of Defining Your Client’s Role in Insurance Procurement Matters
The definition of an insurance producer was part of what an Illinois appellate court analyzed in determining whether a two-year statute of limitations barred a plaintiff’s claim. Austin Highlands Dev. Co. v. Midwest Ins. Agency, Inc., 2020 IL App (1st) 191125. The Austin case provides great insight into the significance of whether a party acted as an insurance […]
Excluding Evidence of Medical Malpractice Lawsuits Filed against Experts Testifying in Medical Malpractice Cases
Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]
Self-Serving Pleadings for Additional Insureds
In a recent decision, the Illinois Appellate Court, Third District, considered what should and should not be considered by a trial court when making a determination on a motion to stay a declaratory judgment action on insurance coverage pending resolution of the underlying litigation. Pekin Insurance Company v. Johnson-Downs Construction, Inc., 2017 IL App (3d) 160601. […]
Developments in Judicial Estoppel following Seymour v. Collins
Judicial estoppel, also known as estoppel by inconsistent positions of law, precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Often, it is asserted as an affirmative defense in a personal injury lawsuit where the plaintiff failed to disclose the existence […]
“Not Compensable” Does Not Always Mean “Not Covered”: Using Conflicts Law to Bar Civil Actions Arising From Injuries Subject to Another State’s Workers’ Compensation Statute
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim would have been non-compensable as untimely under the law’s repose provisions. The Decedent was allegedly […]