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Declaratory Judgment

Ripeness Is All: Illinois Court Effectively Forbids Interlocutory Review of Arbitrators’ Discovery Orders

February 4, 2013 by John R. Hart

An Illinois Appellate Court has taken the next step in limiting the role of courts in insurance arbitrations.  In Klehr v. Illinois Farmers Insurance Co., No. 1-12-1843 (Ill. App. Ct., First Dist. Jan. 22, 2013), the plaintiff tried to obtain interlocutory review of an arbitrator’s discovery order by filing an action for a declaratory judgment.  Addressing what it declared to be a question of first impression nationally, the Appellate Court dismissed the action, on the ... Keep Reading »

Slamming the Door: Innovative Procedural Gambits Fared Poorly Last Month

January 4, 2013 by John R. Hart

Procedural hurdles to maintaining cases in certain courts, or in a certain configuration of parties, can sometimes affect the outcome of litigation as much as the underlying merits. For a class action plaintiff (and especially for class counsel), the ability to resolve disputes over the defendant’s insurance coverage can be an immense boost in formulating a litigation and settlement strategy.  For an insurer disputing coverage, access to federal court might be what makes ... Keep Reading »

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