Author Archives: agatha

On May 4, the Illinois Association of Defense Trial Counsel presented a CLE program entitled, “How Am I Going to Settle This Case?”  As part of that program, Adam C. Carter moderated a panel discussion on “Alternative Dispute Resolution” in which a panel of judges and mediators discussed lesser-known methods of alternative dispute resolution including summary trials, commercial arbitrations, and mandatory federal appeals mediations, and also gave helpful tips on working to settle cases using third parties.

On April 12, Adam C. Carter attended the Legislative Reception held by the Illinois Association of Defense Trial Counsel at the Sangamo Club in Springfield, Illinois.  The Legislative Reception is an annual event in which IDC members have the opportunity to discuss legislation as well as legal and procedural issues with members of the Illinois General Assembly.

David E. Kravitz and Kelly V. McHale recently led a webinar presentation for members of the trucking industry regarding effective mediation and the effect of trucking trends on accident investigation, liability assessment and meaningful settlement.  The importance of quick and efficient analysis of case facts, damages and likely exposure are essential to a strong defense and early resolution in an atmosphere of increasing trucking litigation claims nationwide.

On April 27, Michael D. Huber hosted the IADC Midwest Regional Reception at The Ritz-Carlton in Chicago.  The reception provided an opportunity for IADC members to network and discuss critical local issues and was free to members and their guests.

On March 2-4, Steve Heil presented on the topic of “Defending Traumatic Brain Injury Cases” at a CLE training session at EMCAS in Atlanta, GA.

Anthony M. Sam was a presenter for the St. John Baptist de La Salle Scholarship Program on January 31at Lewis University.  The presentation was entitled “Flying Beyond Lewis University, Alumni Perspective.”  Each year, Lewis University awards at least one St. John Baptist de La Salle Scholarship, a full-tuition award, to an incoming freshman student that demonstrates excellence in the areas of academics, leadership, and community involvement.  All students are selected based on their high school grade point average, ACT/SAT score, and a personal interview.

Travelers Personal Ins. Co. v. Michael Edwards and Melissa Mizel, 2016 IL App (1st) 141595

The First District recently ruled that an insurer had not duty to defend its insureds in a dispute between the insureds and their neighboring property owner concerning a proposal to relocate a driveway easement, which gave rise to the filing of a lawsuit, three appeals and a motion for sanctions.  The insureds’ neighbor sued the insureds over the neighbor’s proposal to relocate a portion of the driveway easement that crossed over the neighbor’s property.  According to the complaint, (1) the current location of the driveway contributed to poor storm water drainage and caused recurrent severe flooding in her home, rendering her home intermittently uninhabitable, (2) the neighbor had proposed to move the driveway at her own expense and to leave the existing driveway in place until the new driveway was completed, and (3) the insureds refused to consent to the relocation of the driveway easement.  The neighbor’s second amended complaint sought injunctive and declaratory relief but made no request for monetary damages.

The First District Court affirmed the circuit court’s grant of summary judgment in favor of the insurer on the duty to defend.  The Court held that the recurring flood damage to the neighbor’s home as alleged in the complaint was not an “occurrence” under the policy because the flooding was not accidental but was instead the natural and ordinary consequence of the insureds’ conduct in repeatedly refusing to allow the neighbor to relocate the driveway easement.  The District Court reasoned the insureds should have reasonably expected that the flooding of the neighbor’s property would continue unabated given the insureds’ repeated refusals to allow the neighbor to move her driveway and that the damages were therefore reasonably expected by the insureds.

Submitted by Melissa Dakich

 

On January 28, Daniel Cray, Jeff Siderius, Adam Carter and Kelly McHale were presenters at a CLE/CE training session at XL Catlin in Exton, PA.  Dan presented on “The Anatomy of a Successful Mediation” while Jeff focused on the topic of “Using Appellate Counsel Effectively.”  Adam and Kelly discussed Illinois and Florida law updates.  The program was well received.

Byer Clinic and Chiropractic, Ltd. v. Michael Kapraun, 2016 IL App (1st) 143733 (January 19, 2016)

On January 19, 2016, the First District of the Illinois Appellate Court reversed the trial court’s certification of a class with plaintiff as its representative in a class action suit brought under the federal Telephone Consumer Protection Act, 47 U.S.C. §227(b)(1)(C)(2012), (“TCPA”).  The reviewing court found plaintiff failed to meet its burden of showing that the representative would adequately protect the interests of the class where the representative’s deposition testimony showed a lack of “knowledge concerning the case and passivity regarding its prosecution.”  2016 IL App (1st) 143733 ¶ 5.  The court noted the class representative’s fiduciary duty to absent class members which is nondelegable, and stated, “[w[hy even bother to appoint a class representative who unveils himself or herself as a tool of class counsel?” 2016 IL App (1st) 143733 ¶20,22.

Submitted by Jeanne Zeiger