Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his...more

2/20/2015 - Advertising Class Action Faxes Mootness Opt-Outs Settlement TCPA Unsolicited Faxes

Liquidated Damages For Junk Faxes Are Insurable in Illinois

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

6/4/2013 - Advertising Consumer Protection Act Insurers Liquidated Damages Penalties TCPA

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

4/1/2013 - Duty to Defend Indemnification Insurers TCPA Unsolicited Faxes

A Busy Day of Civil Arguments at the Illinois Supreme Court

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

3/19/2013 - Attorney's Fees Child Support Divorce EMTs Punitive Damages Settlement TCPA

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