Appellate Court reversed trial court
The Appellate Court reversed the trial court and found that the insured had an insurable interest in the house even though the court found that the transaction was an equitable mortgage. The decision was a rule 23 one. https://www.state.il.us/court/R23_Orders/AppellateCourt/2011/1stDistrict/1103026_R23.pdf Above is a copy of the decision. Keil Larson
Appellate Argument
Appellate Argument on a case I argued on November 22, 2011. This argument last 90 minutes. This is a lot more time than normal. I was pleased that the Justices understood the facts and devoted this much of their busy day to this matter. Here is the link. https://www.state.il.us/court/Media/Appellate/1st_District.asp The case was Tatum vs Allstate […]
Oral Argument
I have an oral argument on an appeal next week. It is an insurance coverage issue. I wonder if I will be prepared and answer the questions from the Justices ok. I read in magazines that oral arguments are getting rare. It will be an interesting experience. I feel my side is correct and hopefully […]
Easements
The right for someone to use another’s property. In discussing these matters, lawyers have developed fancy words to describe the two land owners. The burdened property owner–i.e. Peter– is normally called the servient owner and the one person who benefits from the easement is called the dominant owner. Most easements are written but some are […]
Home Defects
Bought a Home With Defects? Who’s Responsible? Shortly after moving into a new home you discovered your dream home is now a nightmare. There is water leaking from the roof, seeping in from the foundations, cracks in the foundation causing the floor to lean, mechanical systems not working, termites chewing the wood, etc. You call […]
7th Circuit Rules that Management Companies are not debt collectors
In a recent decision, the US Court of Appeals for the 7th Circuit ruled that management companies that collect rent for an owner are not debt collectors under the Fair Debt Collection Act. For this opinion read: Carter v AMC LLC Normally an owner hires a mangement company to manage its property and collect the […]
Humor in Appellate Briefs
I completed a brief to the Appellate Court and I used a joke in it. Three of my friends who do a lot of appellate work said that was a no-no. That the justices have no sense of humor and they wouldn’t get the joke. Nonetheless I did it. The case was an appeal from […]