Appellate Court of Illinois, First District. Roger KNOUSE, Plaintiff-Appellant, v. Rejat MOHAMEDNUR, Santorini Five Cab Corp., and Globe Taxi Association, Inc., Defendants (Rejat Mohamednur, Defendant-Appellee.) No. 1-16-1856 March 27, 2017 OPINION JUSTICE HARRIS delivered the judgment of the court, with opinion. *1 ¶ 1 Plaintiff, Roger Knouse, appeals the circuit court’s order granting defendant Rejat Read More »
Archives for April 2017
Illinois – Declaratory Judgment – Errors and Omissions policy – Duty to Defend – Insurer was not relieved of its duty to defend on basis that exclusion might have allowed insurer to assert successful defense to coverage during litigation – Insurer was liable for judgment or any reasonable settlement amount ultimately recoverable against insured.
TITLE INDUSTRY ASSURANCE COMPANY, R.R.G., Plaintiff–Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, et al., Defendants–Appellees. No. 15-3310 Argued April 4, 2016 Decided April 10, 2017 Hamilton, Circuit Judge. *1 This appeal illustrates a recurring issue for liability insurers and their insureds: how to determine whether the insurer owes a duty to defend its insured when Read More »
Employer-employee relations — Family and Medical Leave Act — Former employee who was suspended and subsequently fired from his job approximately a month after returning from FMLA filed suit against former employer claiming that employer, in taking these actions, interfered with exercise of plaintiff’s FMLA rights and later retaliated against plaintiff for asserting those rights — Interference with FMLA rights — No error in granting summary judgment to employer on interference claim which was based on employer’s refusal to allow plaintiff to return to work with certain physical limitations, even though two other employees with different job functions had been allowed to do so
26 Fla. L. Weekly Fed. C1400aTop of Form Employer-employee relations — Family and Medical Leave Act — Former employee who was suspended and subsequently fired from his job approximately a month after returning from FMLA filed suit against former employer claiming that employer, in taking these actions, interfered with exercise of plaintiff’s FMLA rights and Read More »
Torts — Counties — Trip and fall over water valve which was located on county road and protruded above surface because asphalt surrounding valve had sunk and was no longer flush with valve — Trial court erred as matter of law in determining that water utility had no legal duty to correct or warn of protruding water valve — Trial court erred in granting utility’s motion in limine to exclude evidence of its subsequent remedial repairs to asphalt surrounding valve
42 Fla. L. Weekly D884b Torts — Counties — Trip and fall over water valve which was located on county road and protruded above surface because asphalt surrounding valve had sunk and was no longer flush with valve — Trial court erred as matter of law in determining that water utility had no legal duty Read More »
Torts — Trip and fall over water valve located on county road — Evidence — Subsequent remedial measures
42 Fla. L. Weekly D884aTop of Form Torts — Trip and fall over water valve located on county road — Evidence — Subsequent remedial measures ANNETTE CANTALUPO, Appellant, v. THE ISLAND WATER ASSOCIATION, INC., and LEE COUNTY DEPARTMENT OF TRANSPORTATION, Appellees. 2nd District. Case No. 2D16-363. Opinion filed April 19, 2017. Appeal from the Circuit Read More »