Civil Procedure

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 21, 2013

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Michigan Appellate Court Affirms Validity of Electronic Signature Under UETA

by BuckleySandler LLP on 8/6/2012

Recently, the Michigan Court of Appeals affirmed summary judgment in favor of a defendant insurance company seeking to dispose of a challenge to an electronic signature executed by a policyholder. Zulkiewski v. Am. Gen. Life...more

Delaware Federal Court Issues Important Post-Price Dawe Opinion

by Orrick, Herrington & Sutcliffe LLP on 7/18/2012

In a memorandum opinion issued in Principal Life Insurance Company v. Lawrence Rucker 2007 Insurance Trust on June 26, 2012, a federal district court applied the Delaware Supreme Court’s holding in PHL Variable Life Insurance...more

Illinois Supreme Court Sets Civil Argument Schedule for May

by Sedgwick LLP on 4/25/2012

Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are... ...more

U.S. District Court Grants Summary Judgment in a Ruling That Reinforces California Law in Favor of Life Settlements

by Orrick, Herrington & Sutcliffe LLP on 2/9/2012

On February 6, 2012, in Hartford Life & Annuity Ins. Co. v. Doris Barnes Family 2008 Irrevocable Trust, et al., the United States District Court for the Central District of California granted summary judgment on behalf of the...more

Don't Sign It Until You've Read It: Signature of Subscription Documents Binds Insured to Undesirable Policy Terms

by Sedgwick LLP on 2/2/2012

United States Court of Appeals for the Seventh Circuit In National Production Workers Union Ins. Trust v. Cigna Corp., ___ F.3d ___, 2011 WL 6880650 (7th Cir. (Ill.) Dec. 30, 2011), the U.S. Court of Appeals for the...more

Recent Developments in the Life Settlement Industry

by Dechert LLP on 11/16/2011

Recently, the Supreme Court of Delaware issued two rulings regarding life settlements that have attracted media and life settlement industry attention. The Delaware high court ruled in both cases that under Delaware state...more

Caregiver Child Exception to Transfer of a Home - You need to have good facts

by Fein, Such, Kahn & Shepard, P.C. on 9/14/2011

A recent appeals court case underscores the importance in New Jersey of being able to factually prove that a child in fact provided care to a parent for the transfer of the home to that child to be an exception to the...more