Donald Patrick Eckler’s Post

The statute of limitations began to run when summary judgment was entered against the legal malpractice plaintiffs in the underlying fraudulent transfer case and further that equitable estoppel and fraudulent concealment did not apply to toll the statute. That is the result in Landers Children Family, LLC v. Rees. The decision is below and my post on the oral argument is in the comments along with Episodes 209 and 211 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. Regula 9(d) (2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #legalmalpractice

If you file suit don't expect you will be able to rely on an arbitration clause later. That is the result from the Illinois Appellate Court, First District when it affirmed the decision of trial court in McGrath Nissan v. Suematsu holding that a plaintiff waived the right to arbitrate when it sought to force the defendant to arbitrate its counterclaim. The decision is below. Dan Cotter and I discussed the case on the Arbitration segment of Episode 211 of the Podium and Panel Podcast. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #arbitration

At this month's lunch and learn for the Chicago office of Freeman Mathis & Gary, LLP, Amy Frantz presented on the seven circuit decision in St Paul v. Walsh. her presentation is below. our next lunch in word will be to July 25. If you are in the insurance industry and would like to attend, please message me. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #insurance

At this past month's lunch and learn of the Chicago office of Freeman Mathis & Gary, LLP, Glenn Klinger discussed the recent Seventh Circuit decision in Hartford v. Lin. His presentation is below. our next lunch and learn will be on July 25. if you are in the insurance industry and would like to attend, please message me. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #insurance

"Because Walmart does not provide a receipt to its customers until after they pay and close the transaction,the receipt does not necessarily dispel the deception created by inaccurate shelf pricing." That is among the reasons that the Seventh Circuit reversed the district court's dismissal of claims against Walmart for failing to charge at the register the advertised shelf price. The decision is below and my post on the oral argument is in the comments along with Episodes 186 and 211 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

Freeman Mathis & Gary, LLP continues to grow. Our newest office is in Miami with the professional liability defense lawyers from Klein Park joining us last month. Our current map is below. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

The Illinois Defense Counsel will host a hybrid seminar at Johnson & Bell on August 15 entitled "Developments Critical to Medical Malpractice Litigation." Recently case law regarding agency, forum non conveniens, jury questions under Rule 243, handling of questions from the jury during deliberations, and special interrogatories to the jury will be discussed by Joshua Vincent, Whitney Burkett, LaDonna Boeckman, Jill Eckhaus, Robert Larsen, Stacey Cischke, Hon. Kay Hanlon, (Ret.), and Greg Schiller. The registration link is in the comments. Regula 9(d) (2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #medicalmalpractice

That sound you hear are Illinois residential (and perhaps commercial) leases being rewritten, at the behest of insurers, to allow a tenant to be held liable for damage outside of their unit. This follows the below decision in Philadelphia v. Gonzalez. The tenant, Gonzalez, caused damage to her unit and that of her neighbors and despite being found not to be a co-insured under Dix Mutual Insurance Co. v. LaFramboise, 149 Ill. 2d 314 (1992), the court held that she was nonetheless not responsible for damage to the other units in the building that she caused. My post on the oral argument is in the comments along with Episodes 208 and 211 of the Podium and Panel Podcast where Dan Cotter and I discussed the case. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #insurance

The Court of Appeals of Indiana has held that a trucker owed a duty to the plaintiffs to activate his flashers and warn of debris on the road following a collision the trucker had with another vehicle that he did not cause. That is the result in NFI Interactive v. Bruski following the denial of a motion to dismiss and certification under Rule 14(B). The court stated: "We conclude that the complaint states a viable theory of liability to the extent that [the defendant's] collision with the disabled vehicle—even if [the defendant] was not negligent in that collision—can be said to have increased the hazard on the road (e.g., the collision created an unavoidable debris field or moved the disabled vehicle such that it straddled an additional lane of traffic). We further conclude that the complaint states a viable claim of negligence per se based on the violation of a federal regulation applicable to those who operate commercial vehicles." The decision is below Ken Levinson Kingshuk Roy what are your thoughts on this decision? Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

At this month's lunch and learn for the Chicago office of Freeman Mathis & Gary, LLP, Josh Zhao presented on the recent Indiana Supreme Court case of Safeco v. Blue Sky. His presentation is below. our next lunch and learn will be on July 25. if you are in the insurance industry in like to attend, please message me. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure #insurance