Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in a high-profile appeal from the Second District, Spanish Court Two Condominium Association v. Carlson. Our detailed summary of the underlying facts and lower court holdings in Spanish Court is here.
Second Circuit Certifies Questions to New York Court of Appeals Regarding Enforceability of Apportionment-of-Loss Clauses
In Quaker Hills, LLC v. Pacific Indemnity Co., 2013 U.S. App. LEXIS 18040 (2d. Cir., August 29, 2013) [insert link], the insured Quaker Hills LLC (“Quaker Hills”) owned real property on which its principal built a home in or about 2005.
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in Bartlow v. Costigan. Bartlow isa facial constitutional challenge to the system of administrative fines administered by the Illinois Department of Labor in connection with allegedly misclassifying workers as independent contractors rather than employees for purposes of minimum wage, overtime, workers’ compensation and unemployment insurance.
This was an appeal by Burton Canada Company (“Burton”) of the decision of the Chambers Judge, Justice Gregory M. Warner, dismissing Burton’s application for summary judgment.
Florida’s Second District Court of Appeals: What’s the “renunciation” Rule and When Does It Apply to Will and Trust Contests?
There’s nothing wrong with hedging your bets in litigation by asserting alternate — or even inconsistent — arguments. In fact, under our rules of civil procedure it’s explicitly authorized. See Fla. R. Civ. P. 1.110(g) (“A party may … state as many separate claims or defenses as that party has, regardless of consistency and whether based on legal or equitable grounds or both.”).
Although we’ve covered a number of interlocutory appeals here on the blog recently, this week’s decision by the Sixth Circuit is particularly interesting in that it granted an interlocutory appeal of the dismissal of a class action despite the lack of circuit split or an issue of first impression.
Earlier today, in a 2-1 decision, the Sixth Circuit reversed a $1,225,000.00 jury award in a trade-dress case involving a relatively obscure and expensive industrial product: grease pumps used in automated lubrication systems (“ALS”) for commercial trucks.
On July 17, 2013, the Quebec Court of Appeal rendered its first decision on the statutory secondary market liability regime adopted in 2007 pursuant to a reform of the Quebec Securities Act (“QSA”).