Intent to Injure Can Be Inferred As a Matter of Law Barring Coverage Under a Homeowner’s Policy for Bodily Injury Expected or Intended by an Insured

On November 7, 2016, the Appeals Court heard oral argument for Liberty Mutual Fire Insurance Company v. Ryan Casey & Another (16-P-32).  Defendants Ryan Casey and Evan Williams appealed a Superior Court’s summary judgment decision in favor of Liberty Mutual Fire Insurance Company (“Liberty Mutual”) that concluded that the insured, Casey, expected or intended to cause William’s bodily injury as a matter of law. View Full Post
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Do Affirmances Take Longer in Non-Death Criminal Cases (2000-2007)?

3205476342_0fd69b6b1c_z Over the past two weeks, we’ve demonstrated that in criminal cases as a whole, affirmances are pending substantially longer between grant of review and oral argument than reversals are – roughly 900 days more between 2000 and 2007, and more than 1000 days more between 2008 and 2016.  View Full Post
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Florida High Court Clarifies When an Insured is Entitled to Attorneys’ Fees When an Insurer Initially Denies a Sinkhole Claim

4328053801_fff3e59529_m In Johnson v. Omega Insurance Co., 200 So. 3d 1207 (Fla. 2016), the Florida Supreme Court held that an insured was entitled to an award of attorneys’ fees under section 627.428, Florida Statutes and the confession of judgment doctrine based on an insurer’s post-suit tender of policy benefits for a sinkhole claim after the insurer initially denied the claim.  View Full Post
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Weir’s Construction Limited V Warford: Newfoundland Court of Appeal Applies the New Court of Appeal Rules Regulating Interventions

In Weir’s Construction Limited v Warford, the Newfoundland Court of Appeal considered an application for intervenor status under Rule 38 of the new Court of Appeal Rules, NLR 38/16. Rule 38 of the new rules provides: 38. (1) A person who did not participate in the court appealed from may apply to be added as an intervenor for purposes of the appeal. View Full Post
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Is There a Correlation Between the Time Under Submission and the Result in Criminal Cases (2010-2016)?

14396986429_7a91dacc51_z Yesterday, we demonstrated that while affirmances generally are pending longer in California from grant of review to argument to decision, the evidence is more equivocal in Illinois, at least on the civil side.  Today, we look at the criminal side of the docket.  View Full Post
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Municipalities Can’t Bike Around Risk Management

By | Canadian Appeals Monitor | March 28, 2017
By Shanique Lake Shanique Lake On February 16, 2017, the Supreme Court of Canada refused leave to appeal the 2016 decision of the Ontario Court of Appeal in Campbell v. Bruce (County): a case in which an Ontario municipality that operated a mountain biking adventure park (the “Bike Park”)  was found liable, as occupier, for the accident that rendered cyclist Stephen Campbell a quadriplegic. View Full Post
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Is There a Correlation Between the Time Under Submission and the Result in Civil Cases (2010-2016)?

5420509668_79f60441cd_z Last week, we looked at the average time under submission at the Illinois Supreme Court from allowance of the petition for leave to appeal to oral argument to decision.  Over at the California Supreme Court, we’ve shown that affirmances generally take longer at each step of the way than reversals do.  View Full Post
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Artificial Intelligence is a Net Positive for Lawyers

A recent New York Times article explores whether artificial intelligence is replacing lawyers or whether it will in the future. The basic conclusion is that humans are necessary for legal work for the time being. As an attorney who does litigation, with an emphasis on appeals, habeas, sentencing, motions practice, and some limited trial work, I see this as an optimistic piece. View Full Post
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