- Firm News
- November 12, 2021
FIRM NEWS | November 12, 2021
All phases of post-judgment and appellate litigation.
Our nationwide appellate practice handles all aspects of writs and appeals, briefing and argument, in state and federal courts.
The Appellate group’s experience includes:
We prepare briefs on behalf of special interest groups and trade groups as amicus curiae.
Our attorneys also assist insurers and their insureds with trial monitoring, and on appeal in a wide-range of commercial and catastrophic loss cases.
The Appellate group’s experience includes:
- Class actions
- Insurance (liability, environmental, fidelity and surety, first party property, “bad faith”)
- Product liability
- Professional liability
- Transportation
We prepare briefs on behalf of special interest groups and trade groups as amicus curiae.
Our attorneys also assist insurers and their insureds with trial monitoring, and on appeal in a wide-range of commercial and catastrophic loss cases.
TEAM
EXPERIENCE
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Repeated molestation claims against religious organizationThe New York Court of Appeals adopted our position that repeated sexual molestations constituted separate occurrences and must be equitably allocated across all years in which they took place. The Court also concurred that our client had not waived its right to litigate these issues.
Case Study
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Obtained affirmance of trial court judgment on appeal of issue of first impression in California regarding right to equitable subrogation as to defense costs incurred by insurer.
- Obtained affirmance of judgment for first-party property insurer on an ordinance-and-law claim on basis that a sub-limit applied.
- Secured multimillion-dollar judgment requiring the insured and another insurer to reimburse our insurer client based upon a batch clause endorsement.
- Preserved dismissal of coverage action on grounds that underlying allegations did not involve "advertising injury."
- Affirmed summary judgment declaring that five policies comprising an OCIP provided maximum limits of $5 million for all the insured's projects, not for each project.
- Assisted in obtaining defense verdict on appeal of brain injury lawsuit by drafting and arguing critical motions-in-limine and jury instructions.
- Secured reversal of a trial court's refusal to compel arbitration under the Federal Arbitration Act on the basis that the parties' contract did not require a particular arbitrator and the arbitration agreement could not be set aside because of an arbitrator's refusal to serve.
- Secured dismissal of ERISA plan's lawsuit by arguing that ERISA precludes plan from seeking monetary recovery that is not from a specifically identified account or fund, establishing Seventh Circuit precedent; court recognized further that federal courts lack subject matter jurisdiction to declare that insurers owe coverage for unknown claims.
- Obtained dismissal of federal declaratory relief action involving novel coverage and standing arguments by third-party claimant.
- Persuaded the Massachusetts Supreme Court to reject insured's position that a single worker's compensation insurer respond to the underlying claims, and, instead, adopt client's position that both insurers must bear the loss.
- Secured affirmance of judgment releasing umbrella insurer from duty to indemnify insured for $3.5 million arbitration award.
- Persuaded appellate court to reverse summary judgment denial to concrete contractor whose allegedly-defective sidewalk work was completed and accepted years before the accident.
- Prevailed on summary judgment and obtained affirmance by the California Court of Appeal in a published decision upholding the application of an intellectual property exclusion to preclude coverage for right-to-publicity claims.
- Secured trial-court judgment for London insurers in contribution lawsuit against co-primary liability carrier seeking recovery of defense costs; obtained affirmance on appeal.
- Persuaded appellate court to agree that client was entitled to set-off for full amount of post-verdict settlement in wrongful death and personal injury actions.
- In case of first impression under the Illinois School Code, obtained affirmance of trial court's dismissal of taxpayer derivative suit against school district superintendant.
- Handled appeal of a case of first impression to the Kentucky Supreme Court, in which Kentucky adopted the economic loss rule without recognizing an exception for calamitous or sudden accidents.
- Obtained summary judgment for insurer in lawsuit for indemnity and contribution involving the interpretation of manuscript policy language addressing the qualification of additional insureds; secured affirmation of judgment on appeal.
- Secured Fourth Circuit's affirmation that, under North Carolina law, dozens of claims, arising out of hospital's alleged use of surgical instruments that were not properly sterilized, comprised a single occurrence; insured's elevator repair company used barrels to store used hydraulic fluid extracted during elevator maintenance at hospital.
- Persuaded Illinois appellate court to affirm ruling that insurer client had no duty to defend or indemnify general contractor for construction defects caused by subcontractors.
- Obtained appellate reversal of multimillion-dollar jury verdicts in two related catastrophic personally injury lawsuits.
- Successfully defended meat supplier in a wrongful death and subsequent commercial litigation involving contractual indemnity.
- Successfully convinced the appellate court to uphold dismissal of counterclaims by the decedents' estates in companion interpleader action.
- Secured affirmance of summary judgment in favor of insurer client, agreeing client properly rescinded policy based on material misrepresentations in the application.
- Prosecuted Seventh Circuit appeal on issue of first impression related to "insider status" of LLC member under federal Bankruptcy Code.
- Obtained affirmance by Seventh Circuit of district court's ruling that bank acted reasonably by unfreezing certain accounts included in citation to discover assets.
- Successfully established validity of covenant not-to-compete.
- Successfully handled post-trial briefing and appeal regarding set-off and post-judgment workers' compensation lien waiver.
- Secured reversal of trial court's order compelling client's production of documents under Illinois Mental Health and Developmental Disabilities Confidentiality Act.
- Represented excess insurer in appeal regarding insurer's right to limit who is an insured for purposes of UM/UIM coverage to permissive users.
- Successfully persuaded appellate court to uphold an "any auto" policy exclusion, precluding client's obligation to provide coverage for negligent snow removal operations involving parked vehicle.
- Secured affirmance of summary judgment for insurer in declaratory judgment action on number of occurrences issue.
- Persuaded California Court of Appeal to affirm demurrer in favor of insurer client; panel unanimously ruled that CGL insurer owed no duty to defend or indemnify the insured against an underlying action alleging violations of California Proposition 65.
- Obtained affirmance by California Court of Appeal of ruling that client owed no duty to defend under bodily injury/personal injury coverages relative to alleged conspiracy and fraud involving scheme to underpay uninsured/under-insured motorist benefits.
- Obtained affirmance of judgment against personal injury plaintiff in premises liability action.
- Obtained affirmance of summary judgment for insurer finding insured's defective workmanship did not cause property damage.
- Obtained affirmance of summary judgment finding insured breached policy terms and insurer's claim handling did not constitute bad faith.
- Handled appeal seeking ruling of no coverage under UM policy's hit-and-run provision.
- Obtained early dismissal of appeal in legal malpractice action for lack of appellate jurisdiction.
- Successfully convinced Illinois Appellate Court to reverse $5.5 million judgment, which agreed that the trial court applied the wrong state's law of the incorrect jurisdiction and agreed that the known loss doctrine precluded coverage.
- Negotiated favorable settlement during course of appeal, saving the client significant amounts relative to multimillion-dollar jury verdict being appealed.
- Obtained affirmance of summary judgment precluding coverage for class action settlement, arguing that defective product damages were not caused by an occurrence.
- Successfully challenged denial of client's right to intervene to vacate default judgment against insured.
- Successfully defended appeal of trucking accident lawsuit involving brain injury, in which plaintiff sought more than $30 million.
- Obtained appellate affirmation in Texas action on grounds that product failure was not an occurrence law and, alternatively, insured failed to present evidence sufficient to allocate covered and uncovered damages.
- Obtained affirmance of judgment granted for insurer in declaratory judgment action involving Florida law concerning whether allegations of price-fixing in an antitrust suit implicate the "advertising injury" offense requiring use of another's "advertising idea."
- Obtained affirmance of judgment for apartment complex owner in premises liability action involving drowning minor decedent on grounds of inconsistency between the general verdict and special interrogatory.
- Crafted winning argument in a case of first impression involving reliance upon patient's comparative fault in a medical negligence claim involving the failure to diagnose an aortic aneurysm.
- Obtained affirmation of judgment regarding scope of excess insurer's liability under theories of equitable contribution and equitable subrogation.
- Obtained judgment on appeal in an $80 million class-action stigma damage action.
- Attained Eleventh Circuit ruling affirming judgment for several insurers based on late notice in asbestos litigation.
- Obtained summary judgment for insurer on basis that alleged credit-reputation injuries were not covered "personal injury."
- Obtained affirmance of summary judgment on behalf of insurer who issued home, auto and umbrella policies to insured involved in an accident while driving a non-owned vehicle on grounds that no coverage was owed under the auto or umbrella policies because "other vehicles" exclusion applicable to family members did not cover the named insured; coverage was also precluded under the home policy's exclusion for bodily injury involving the use of a motor vehicle.
- Secured affirmance on summary judgment that business income loss to the insured's telecommunications company following a flood was limited to the period of restoration instead of the 12-month period the insured allegedly sustained due to suspension of its operations.
- In a case of first impression, affirmed summary judgment for insurer that prior publication exclusion barred coverage for trademark infringement suit because insured first used infringing portion of subject trademarks prior to policy inception.
- Successfully defended school district on appeal from federal due-process claims brought by student who was expelled for using gang signs during a lunch room melee.
- Obtained affirmance of summary judgment for insurer based on policy exclusion for the insured's dishonest acts of acts for profit, gain, or advantage.
- Secured summary judgment for excess insurer less than four months after moving to intervene in primary insurer's declaratory judgment action when court found that driver facing $14 million in underlying judgments did not qualify as an "insured" under an auto dealership's policy, due to the fact that the dealership did not own the car at the time of the accident, despite lack of sale documentation before the accident. Affirmed on appeal.
- Successfully obtained affirmance of summary judgment on grounds that advertising injury coverage does not include patent infringement claims.
- Obtained judgment for a subcontractor where the general contractor was seeking indemnification for its compensatory and punitive damage exposure for death and personal injury actions.
- Secured summary judgment over claimant's $7 million consent judgment on the basis that it was executed without the insurers' consent, breaching policy conditions, resulting in dismissal of $70 million bad-faith and punitive-damages claim; affirmed by the Eleventh Circuit.
- Obtained affirmance of judgment for non-supervisory contractor on claims involving alleged labor-law violations.
- Obtained reversal of a $9 million business interruption jury verdict on basis that the client's first-party property policy did not owe coverage.
- Obtained judgment in favor of insurer in declaratory judgment action under Massachusetts law involving issue of first impression as to whether antitrust claims that discussed disparagement by insured could trigger personal injury coverage, such that a defense obligation is owed even if the alleged disparagement was not directed at the underlying claimant.
- Handled post-trial briefing and secured affirmance of judge's ruling that trial property damage resulting from defects in insured's product was not caused by an occurrence in signifcant dispute pending in Texas federal district court.
- Obtained affirmance that coverage action was properly dismissed in favor of another forum.
- Successfully obtained affirmance in favor of insurers from New York Appellate Division in connection with numerous church-abuse claims on grounds that there were numerous occurrences implicating coverage in effect over various policy periods, such that the applicable self-insured retentions were not fully and properly exhausted, precluding client's indemnity obligation for multi-million dollar settlement.
- Obtained reversal of trial court's finding for opposing party on client's Frye challenge, seeking to preclude plaintiff's expert witnesses' reliance on a SPECT scan to diagnose plaintiff's closed head injury.
- Obtained affirmance of a jury verdict finding no coverage was owed for several class action settlements involving warranty claims arising out of insured's defective roofing products.
- Obtained judgment for insurer on basis that athletic participants exclusion barred coverage for hotel relative to boxer's personal injuries.
- Successfully asserted application of continuous trigger to asbestos-in-building claims; court held that all such claims arose out of a single occurrence and horizontal exhaustion applied to all primary policies.
- Representing insurer in appeal in North Carolina concerning the applicable trigger of coverage and method of allocation relative to various lawsuits alleging exposure to a chemical in the insured's product cause leukemia.
- Obtained affirmance of directed verdict for pediatrician in wrongful death case.
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