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  Reported Decisions

DLH attorneys have represented clients in important reported case decisions, including:

Krueger Int'l., Inc v. Royal Indemn. Ins. Co., 2006 WL 1440852 (E.D. Wis., May 19, 2006); aff'd., 481 F.3d 993 (7th Cir. 2007). (Summary judgment, affirmed on appeal, for employment practices liability insurer against insured company; company sought reimbursement of $5.3 million verdict arising from failure to pay proper amounts for purchase of former employees' company stock upon their retirement.)

Kingsway Financial Services, Inc. v. PricewaterhouseCoopers, LLC, 420 F. Supp. 2d 228 (S.D.N.Y. 2005) (Subsidiaries of acquiring corporation failed to show loss causation in fraud action against directors and officers of target corporation, where subsidiaries owned shares of target before acquisition).

In re Conseco Inc. Securities Litigation, No. 00-CV-585, 2004 WL 2904406 (S.D. Ind. Sept. 30, 2004). (Plaintiffs in class-action securities suit were required to return $5 million in escrowed policy proceeds to insured's D&O carrier, pursuant to language in a settlement stipulation between the class and executives of the insured.)

Miles v S. C. Johnson & Son, Inc., 2002 WL 1303131 (N.D. Ill., 2002)

Miles ex. rel. Ragsdell v S. C. Johnson, Inc., 2001 WL 1516743 (N.D. Ill., 2001)

Miles ex. rel. Ragsdell v. S. C. Johnson, Inc., 2001 WL 640180 (N.D. Ill., 2001)

Voykin v. Estate of DeBoer, 192 Ill. 2d 49, 733 N.E. 2d 1275, 248 Ill. Dec. 277 (July 6, 2000) (No. 88227)

In re Entertainment, Inc., 225 B. R. 412 (Bankr. N.D. Ill., Sept. 29, 1998) (No. 96 B 22240)

Thomas J. Moriarty v Modell Funeral Home, Ltd., 960 F. Supp. 133 (N.D. Ill., 1997)

Muzzey v Kerr-McGee Chemical Corp., 921 F.Supp. 511, 26 Envtl. L. Rep. 21,294 (N.D. Ill., Mar 26, 1996) (No. 93 C 3623)

Matter of West Chicago Thorium Tailing Consolidated Pretrial Proceeding, 919 F.Supp. 315 (N.D. Ill., Mar 15, 1996) (No. 95 C 2110)

Molter Corp. v Amwest Surety Insurance Co., 267 Ill. App. 3d 718, 642 N.E.2d 919, 205 Ill.Dec. 54, 25 UCC Rep. Serv. 2d 892 (3d Dist., Nov. 18, 1994) (No. 3-94-0236)

Sander v. Dow Chemical Co., 252 Ill. App. 3d 403, 624 N.E.2d 1255, 191 Ill. Dec. 877 (1st Dist., Aug 13, 1993) (No.1-92-0484)

U.S. for Use of Chicago Building Restoration, Inc. v. Tazzioli Construction Co., 796 F. Sup. 1130 (N.D. Ill., Aug. 17, 1992) (No. 90 C 1568)

People ex. rel. Hartigan v. E& E Hauling, Inc., 153 Ill. 2d 473, 607 N.E. 2d 165, 180 Ill. Dec. 271 (Dec. 4, 1992) (No. 72413)

Ramco Industries, Inc. v. Board of Trustees of University of Illinois, 226 Ill. App. 3d 173, 589 N.E. 2d 672, 168 Ill. Dec. 272, 73 Ed. Law. Rep. 741 (1st Dist., Feb. 20, 1992) (No. 1-91-0050)

In re Pullman Construction Industries, Inc., 132 B.R. 359, 25 Collier Bankr. Cas. 2d 1177, 22 Bankr. Ct. Dec. 260 (Bankr. N.D. Ill., Oct. 10, 1991) (No. 87 B 6441-44, 91 A 452)

Board of Library Directors of Village of Lombard v. Skidmore, Owings and Merrill, 215 Ill. App. 3d 69, 574 N.E. 2d 869, 158 Ill. Dec. 756 (2d Dist., June 20, 1991) (No. 2-90-0810)

Federal Kemper Life Assurance Co. v. Old Republic Surety Co., 204 Ill. App. 3d 387, 561 N.E. 2d 1208, 149 Ill. Dec. 512 (1st Dist. Sept. 27, 1990) (No. 1-89-2272)

Dayenian v. American National Bank and Trust Co. of Chicago, 91 Ill. App. 3d 622, 414 N.E. 2d 1199, 47 Ill. Dec. 83 (1st Dist., December 8, 1980)

Lansing Board of Water & Light v. Deerfield Ins. Co., 183 F. Supp. 2d 979 (W.D. Mich. 2002). (Public officials E&O insurer, which settled cost-overrun claim against its insured, was allowed to state indemnification claim for return of portions of settlement which represented unjust enrichment claims against insured for receipt of construction work for which it did not pay.)

In re Prudential Ins. Co. of America Sales Practices Litigation, 314 F.3d 99 (3rd Cir. 2002). (All Writs Act held not to confer removal jurisdiction.)

Zurich Ins. Co. v. Amcor Sunclipse North America, 241 F.3d 605, 57 U.S.P.Q.2d 2012 (7th Cir. 2001). (Seventh Circuit held that one-on-one solicitations of customers were not "advertising" under California law for purposes of triggering the advertising injury coverage of a general liability policy.)

In re Bay Networks Shareholders, No. 16449, 2000 WL 33173169 (Del. Ch., Feb. 28, 2000). (Fee objection in class action securities suit challenging adequacy of disclosures in connection with merger.)

Philadelphia Indem. Ins. Co. v. Maryland Yacht Club, Inc., 129 Md. App. 455, 742 A.2d 79 (1999). (Court of Special Appeals rejected application of "bodily injury" exclusion in D&O policy to retaliatory discharge suit arising out of workers' compensation claim.)

In re Lawrence M., 172 Ill. 2d 523, 670 N.E.2d 710 (1996). (Upholding juvenile court=s authority to require Illinois Department of Children and Family Services to fund interim in-patient substance abuse treatment for mothers of children removed from their custody following a finding of neglect resulting from that substance abuse) (Amicus brief for legal aid clinic).

Roth v. Lutheran General Hosp., 57 F.3d 1446 (7th Cir. 1995). (Judgment against physician resident in Americans With Disabilities Act claim affirmed on appeal.)

Glassman v. St. Joseph Hosp., 259 Ill. App. 3d 730, 631 N.E.2d 1186 (1994). (Allegations of negligence against surgeons arising out of brain damage occurring during open-heart surgery. Judgment for surgeons affirmed.)

Golden v. Kishwaukee Cmty. Health Services Ctr., Inc., 269 Ill. App. 3d 37, 645 N.E.2d 319 (1994). (Action arising out of orthopedist's alleged negligent treatment of a motorcycle accident victim, purportedly leading to the patient's quadriplegia.)

Kramer v. Milner, 265 Ill. App. 3d 875, 639 N.E.2d 157 (1994). (Action against general practitioner arising out of his alleged failure to detect breast cancer in an elderly patient and to refer her for mammography.)

Pyskaty v. Oyama, 266 Ill. App. 3d 801, 641 N.E.2d 552 (1994). (Action against an immediate care facility and one of its attending physicians arising out of alleged delay in diagnosing and treating a perirectal abscess, leading to gangrene.)

Hulman v. Evanston Hosp. Corp., 259 Ill. App. 3d 133, 631 N.E.2d 322 (1994). (Action against hospital by patient who suffered fall, leading to amputation of leg. Judgment in favor of hospital affirmed.)

Wilson v. Evanston Hosp., 257 Ill. App. 3d 837, 629 N.E.2d 589 (1994). (Dismissal of negligence action against hospital and nurse for want of prosecution affirmed on jurisdictional grounds.)

Bianchi v. Mikhail, 266 Ill. App. 3d 767, 640 N.E.2d 1370 (1994). (Action arising out of urologist's alleged failure to diagnose rapidly progressive glomerulonephritis.)

Dominguez v. St. John's Hosp., 260 Ill. App. 3d 591, 632 N.E.2d 16 (1993). (Allegations of negligence against hospital arising out of perinatal asphyxia. Judgment for hospital affirmed.)

Mank v. West American Ins. Co., 249 Ill. App. 3d 827, 620 N.E.2d 6 (1993). (Appellate Court reversed trial court's determination that reference to schedule of covered equipment in automobile liability policy was ambiguous.)

Pratt v. Protective Ins. Co., 250 Ill. App. 3d 612, 621 N.E.2d 187 (1993). (Appellate Court held that long-distance trucker, with lessor relationship with freight company, had standing to bring coverage action against freight company's liability policy.)

Joyce v. Joyce, 975 F.2d 379 (7th Cir. 1993). (Action by shipowner to limit his liability for negligence to the value of the vessel under federal Limited Liability Act.)

Waste Management, Inc. v. International Surplus Lines Ins. Co., 144 Ill. 2d 178, 579 N.E.2d 322 (1991), affirming 203 Ill. App. 3d 172, 560 N.E.2d 1093 (1990). (In coverage action involving five hazardous waste disposal sites and Environmental Impairment Liability policies, Illinois Supreme Court held that attorney-client privilege and work product doctrines did not permit insured to withhold defense counsel documents from underlying liability case.)

Waste Management, Inc. v. International Surplus Lines Ins. Co., 231 Ill. App. 3d 619, 596 N.E.2d 726 (1992). (Later proceeding in same case as above; court declined to issue injunction to prevent further dissemination of privileged communications by insurers' counsel.)

Molter Co. v. Amwest Surety Ins. Co., 267 Ill. App. 3d 718, 642 N.E.2d 919 (1994). (Construction of "evergreen clause" in promissory note.)

Jones v. O'Young, 154 Ill. 2d 39, 607 N.E.2d 224 (1992). (Illinois Supreme Court held that an expert witness need not be a member of the same medical specialty or sub-specialty as the defendant physician in order to satisfy the "school of medicine" evidentiary requirement for such testimony.)

Grossinger Motorcorp, Inc. v. American National Bank & Trust Co., 240 Ill. App. 3d 737, 607 N.E.2d 1337 (1992). (Construction of liquidated damages clause in commercial real estate contract.)

Hyams v. Evanston Hosp., 225 Ill. App. 3d 253, 587 N.E.2d 1127 (1992). (Appeal from contempt finding against defense counsel who refused to produce statements three insured nurses gave to the insurer of their employer.)

Lowney v. Arciom, 232 Ill. App. 3d 715, 597 N.E.2d 817 (1992). (Jury verdict against chiropractor by patient who suffered stroke three days after treatment affirmed on appeal.)

Lim v. Central DuPage Hosp., 972 F.2d 758 (7th Cir. 1992). (RICO and civil rights suit against hospital and medical group for expelling neurosurgeon who sought to affiliate with a chiropractor.)

National Organization for Women, Inc. v. Scheidler, 968 F.2d 612 (7th Cir. 1992), rev=d., 510 U.S. 249 (1994). (Women's rights group's antitrust action against medical clinic which ceased performing fetal tissue testing in response to on-site protests from co-defendant anti-abortion activists.)

Flynn v. Szwed, 224 Ill. App. 3d 107, 586 N.E.2d 539 (1991). (Trial court's exclusion of time-barred negligence allegations against osteopath for alleged failure to diagnose hyperparathyroidism affirmed on appeal.)

Atlanta Int'l Ins. Co. v. Atchison, Topeka & Santa Fe Ry. Co., 938 F.2d 81 (7th Cir. 1991). (Seventh Circuit held that excess insurer did not state "actual controversy" allowing declaratory adjudication, even though insured sent the insurer a copy of a $1 billion antitrust judgment rendered against it.)

Roser v. Anderson, 222 Ill. App. 3d 1071, 584 N.E.2d 865 (1991). (Action involved sufficiency of automobile liability insurer's documentation showing rejection of limits of under-insured motorists' coverage at limits above liability limits.)

Bolanowski v. McKinney, 220 Ill. App. 3d 910, 581 N.E.2d 345 (1991). (Appellate Court rejected application of "care, custody and control" exclusion to bailment action against tavern owner.)

Pekin Ins. Co. v. U.S. Credit Funding, Ltd., 213 Ill. App. 3d 673, 571 N.E.2d 769 (1991). (Appellate Court allowed automobile liability insurer to rescind a back-dated policy based on the insured's misrepresentations about the ownership of a vehicle which had been involved in an accident before the date of the application.)

Northern Trust Co. v. Upjohn Co., 213 Ill. App. 3d 390, 572 N.E.2d 1030 (1991). (Allegations of negligence against obstetrician arising out of brain damage occurring during performance of abortion. $9.5 million judgment reversed on appeal.)

Pekin Ins. Co. v. American Country Ins. Co., 212 Ill. App. 3d 543, 572 N.E.2d 1112 (1991). (Appellate Court held that certificate of insurance issued to roofing subcontractor was not inconsistent with roofing exclusion in body of policy.)

Federal Kemper Life Assur. Co. v. Old Republic Surety Co., 204 Ill. App. 3d 387, 561 N.E.2d 1208 (1990). (Appellate Court held that life insurer, which paid insurance proceeds to perpetrator of "murder-for-hire" scheme as beneficiary of victim's estate, could recover from estate's probate bond.)

Kinzer v. City of Chicago, 128 Ill. 2d 437, 539 N.E.2d 1216 (1989). (Illinois Supreme Court held that public officials' bond did not cover taxpayer suit challenging purportedly unauthorized public expenditures by municipality for use on public festival.) (Amicus brief for insurance trade organization.)

Rush Presbyterian St. Luke=s Medical Center v. Safeco Ins. Co., 712 F. Supp. 1344 (N.D. Ill. 1989). (Representation of surety in wrongful termination litigation brought by curtainwall subcontractor on hospital addition project. Case settled as jury panel awaited selection.)

Barr Co. v. Safeco Ins. Co., 706 F. Supp. 616 (N.D. Ill. 1989). (In suit under fidelity bond, court held that Illinois Insurance Code section prohibited punitive damages claim against the surety.)