Trial Notebook


Insurer dodges millions in post-judgment interest

Three years after Marc and Deborah Jacobs received a $26 million judgment against Yellow Cab Affiliation and Cornelius Ezeagu, the tab for post-judgment interest under Section 2-1303 of the Illinois Code of Civil Procedure topped $6 million. Stymied because Yellow Cab and Ezeagu had only $350,000 in coverage from American Country Insurance Co., and both defendants wound up in bankruptcy court, Mr. and Mrs. Jacobs tried to hold American Country liable for the post-judgment interest based on Section 2-1303 and a promise in the policy’s supplemental-payments provision.

Prosecution and Procedure


SAFE unit case resurfaces in appeals court

Illinois Supreme Court Justice Rita B. Garman (joined by Justice Thomas L. Kilbride) dissented in People v. Ringland, 2017 IL 119484 as follows: “The majority opinion restricts the State’s Attorney’s duty to investigate suspected illegal activity to situations in which ‘other law enforcement agencies inadequately deal with such investigation [citation] or where a law enforcement agency asks the State’s Attorney for assistance.’ Supra Para. 25. There is no support for this restrictive interpretation of the state’s attorney’s duties in our common law or the Counties Code.”

Realty Check


Industrial property continues to grow despite economic downturns

Industrial property is one of the few segments of the real estate market that has improved despite other recent downturns in the economy. Without fully understanding the strength of the industrial segment, as it is not an area in which I have much of a connection, I reached out to longtime commercial real estate broker and recovering attorney, David Liebman, SIOR, JD, for insights.

For the Defense


More standing, more BIPA

Consequentialist arguments are not usually nearly as persuasive to most people under most circumstances as those arguments grounded in principle. In the law, when the two converge though and combined with constitutional arguments, there is likely to be a powerful and compelling position.

Insurance Matters


Court upholds insurer’s post-judgment interest obligation under policy

The 1st District Appellate Court recently held that an insurer’s depositing with the court clerk its policy limit plus accrued post-judgment on the full judgment against its insured, stopped the further accrual of interest for which the insurer was responsible under the supplementary payments section of the policy, notwithstanding that such a deposit is not provided for under the Illinois post-judgment interest statute.

Cotter's Corner


Action must be taken following last week’s riots at the U.S. Capitol

The last time an enemy stormed the Capitol, it was the War of 1812 and the British burned down the White House on Aug. 24, 1814. Last week we saw what happens in third world countries and despotic coup attempts: protestors stormed Congress, breaking windows and looting and vandalizing. One of the MAGA cultists was at the Speaker’s dais and declared Trump had won. One sat in her office and took a letter. To the GOP, Senators Ted Cruz and Josh Hawley, Rep. Mo Brooks, President Donald J. Trump, and others who supported the president, who encouraged the attack, who sowed baseless doubt about the election, this is on you. Trump actually said to these terrorists later in the night, “We love you, you’re very special.” Tapes reportedly exist showing Trump and family watching the rioting and then laughing and cheering it on.

Opening Statement


Tepid magic, food spoil provide no wonder at home

Following a week of anguish and anxiety of witnessing thousands of protestors storm and defile our nation’s capital, I was looking forward to a quiet evening at home in quarantine last Tuesday.

Lex Sportiva


Social media battle pits Saint Xavier University against ex-coach

Back in 2012, I drafted a law review article published by Ole Miss that focused on new concerns for colleges that emerged with the proliferation of student-athlete social media accounts, largely focused on Facebook.

Opening Statement


Film adaptation of ‘Ma Rainey’s’ captures incredible spirit of play

The year 2020, seemingly one of the longest, most catastrophic in our country’s history is finally grinding to an end even as the pandemic and economic crises rage on. The nation’s racial injustices are still unresolved while a petulant president is still unwillingly to accept his election loss and commit to an uncontroverted and peaceful transfer of administration.

Opening Statement


TV special celebrates Broadway’s light in dark times

In my lifetime in America, there has been no place more representative or that has done more to change the culture of our society than the Broadway theater.

Opening Statement


Have no fear, theater company holiday streaming releases are here

‘T’was two weeks before Christmas and all through the city, not a theater was open, it was such a pity.

Lex Sportiva


As America’s pastime changes so might the Baseball Rule

Of all the major professional sports in the United States, America’s pastime has enjoyed the most success in the courtroom.
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