41 Fla. L. Weekly D2539aop of Form Insurance — Venue — Actions against insurance company for bad faith failure to settle and against company’s attorney for legal malpractice — Order denying motion to sever or bifurcate counts is not an appealable non-final order — Venue was proper in county where one of defendants resided — […]
Archives for November 2016
Illinois – First District – Tort Immunity Act – Parents filed suit against high school and district officials and basketball coaches for injuries their daughters allegedly sustained as result of school bullying. Court properly granted Defendants’ motion for judgment on pleadings as to counts for breach of contract, and dismissed count for willful and wanton conduct.
Tort Immunity Act | 1st Dist. Mulvey v. Carl Sandburg High School, 2016 IL App (1st) 151615 (October 28, 2016) Cook Co., 6th Div. (DELORT) Affirmed. Parents filed suit against high school and district officials and basketball coaches for injuries their daughters allegedly sustained as result of school bullying. Court properly granted Defendants’ motion for judgment […]
Illinois – First District – Agency – Hospital can be held vicariously liable under the doctrine of apparent agency for the acts of the employees of an unrelated, independent clinic
Agency | 1st Dist. Yarbrough v. Northwestern Memorial Hospital, 2016 IL App (1st) 141585 (August 19, 2016) Cook Co., 5th Div. (BURKE) Certified question answered; remanded. (Court opinion corrected 10/28/16.) A hospital can be held vicariously liable under apparent agency doctrine set forth in Illinois Supreme Court’s 1993 Gilbert v. Sycamore Municipal Hospital decision, and […]
Appeals — Appellate court lacks jurisdiction to review non-appealable interlocutory order denying motion for reconsideration of order denying motion to quash service of process
41 Fla. L. Weekly D2456bTop of Form Appeals — Appellate court lacks jurisdiction to review non-appealable interlocutory order denying motion for reconsideration of order denying motion to quash service of process PETER M. VUJIN, Appellant, vs. U.S. BANK NATIONAL ASSOCIATION, As Trustee, etc., Appellee. 3rd District. Case No. 3D16-1684. L.T. Case No. 14-31994. Opinion filed […]
Attorney’s fees — Failure to plead entitlement to attorney’s fees — Exception to requirement that party must plead entitlement to attorney’s fees — Defendant waived objection to failure to plead claim for attorney’s fees where defendant had notice that plaintiff claimed entitlement to fees and by its conduct recognized or acquiesced to the claim or failed to object to the failure to plead
41 Fla. L. Weekly D2454bTop of Form Attorney’s fees — Failure to plead entitlement to attorney’s fees — Exception to requirement that party must plead entitlement to attorney’s fees — Defendant waived objection to failure to plead claim for attorney’s fees where defendant had notice that plaintiff claimed entitlement to fees and by its conduct […]