Sedgwick LLP

Illinois Supreme Court Holds Custody Order Not Void Despite Custody Act Non-Compliance

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) includes various provisions for determining where a custody and parentage dispute should be litigated when multiple states are involved. But what happens when…more
| Civil Procedure, Family Law

FTC Advises That Mergers Don’t Eliminate Privacy Promises of Acquired Companies

The FTC recently posted comments on its business blog about the responsibility of companies to comply with privacy representations made to prior customers on how the companies will collect, use or disclose personal information,…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Mergers & Acquisitions, Privacy

Illinois Supreme Court Holds Circuit Court Clerk Had No Duty to Confirm Accuracy of Jail Credits

When a defendant is convicted of a criminal offense and sentenced to prison time, the Unified Code of Corrections requires the Circuit Court clerk to transmit to the Department of Corrections the total time the defendant served…more
| Civil Procedure, Civil Remedies, Criminal Law, Personal Injury

Illinois Supreme Court Declines to Apply Environmental Injunction Retroactively

In July 2004, the Illinois legislature amended the state Environmental Protection Act to authorize the Attorney General to seek “an injunction, prohibitory or mandatory, to restrain violations . . . or to require such other…more
| Civil Procedure, Civil Remedies, Constitutional Law, Environmental Law, Real Estate - Commercial

Florida High Court Rules that Exculpatory Clauses Need Not Reference Negligence to Bar Negligence Claims

On February 12, 2015, the Florida Supreme Court affirmed the Fifth District Court of Appeal’s decision in Sanislo v. Give Kids the World, Inc., 98 So. 3d 759 (Fla. 5th DCA 2012) and held that an exculpatory clause was effective…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury

Chief Justice Invites New Governor, Legislature to Rare Evening Oral Argument

This evening will bring an event likely not seen in Illinois in more than a century – an evening session of the Illinois Supreme Court…more
| Civil Procedure, Elections & Politics, Labor & Employment Law, Finance & Banking

Illinois Supreme Court Clarifies Voidness Doctrine, Strikes Constitutional Finding in Collection Agency Dispute

In the closing days of February, the Illinois Supreme Court handed down its decision in LVNV Funding, Inc. v. Trice, a direct appeal from the Cook County Circuit Court. LVNV is noteworthy because it clears away ambiguous…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Finance & Banking

Net Neutrality: More Winners Than Losers

On March 12, 2015, The Federal Communications Commission (FCC) released the full text of the Net Neutrality rules it approved last month. Net Neutrality essentially means an open Internet where all traffic is equal, anyone can…more
| Communications & Media Law, Science, Computers, & Technology

Illinois Supreme Court Likely Poised to Strike Down Pension Reform Act

9684675705_4dda20b9d4_zThis afternoon, the Illinois Supreme Court heard oral argument on the biggest case on its civil docket, In re Pension Reform Litigation. In re Pension Reform Litigation involves the question of whether…more
| Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Finance & Banking

Does the E.U. “Right to be Forgotten” Pose a Threat to Companies in U.S.?

Even observed from “across the pond,” the right of European Union (“E.U.”) consumers to compel an Internet search engine to de-link specific personal information of the consumer from certain search results – the “Right to be…more
| Constitutional Law, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Illinois Federal Court Leaves AMEX to Defend TCPA Claims Based on Third Party Actions

Recently, an Illinois federal court denied American Express’ (“AMEX”) motion for partial summary judgment, finding that AMEX can be directly liable under the Telephone Consumer Protection Act (“TCPA”) for debt collection and…more
| Civil Procedure, Communications & Media Law, Finance & Banking, Consumer Protection

Pennsylvania Supreme Court Declines Review of Case Applying Statute of Repose to Asbestos Claims

As we reported in our July 2014 edition, the Superior Court of Pennsylvania held, in Graver v. Foster-Wheeler Corp., 96 A.3d 383 (Pa. Super. Ct. 2014), that the 12-year statute of repose applicable to claims against designers…more
| Civil Procedure, Construction Law, Personal Injury, Real Estate - Commercial, Toxic Torts

General Permit Shields Mining Company from Liability for Selenium Discharge

In Sierra Club v ICG Hazard , LLC, 2015 WL 643382, the United States Court of Appeals for the Sixth Circuit held that a Kentucky coal mining company could not be sued by an environmental group for discharging selenium into…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims

A Washington district court has recently held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) displaces federal common law public nuisance claims for damages. (Anderson v. Teck Metals,…more
| Civil Procedure, Civil Remedies, Conflict of Laws, Environmental Law, Personal Injury

Subsurface Trespass Claims Remain an Open Question in Texas

On February 6, 2015, the Texas Supreme Court released its unanimous and long-awaited opinion in the case Environmental Processing Systems, L.C. v. FPL Farming Ltd., 2015 WL 496336 (Tex. 2015), which did not surprise many…more
| Energy & Utilities, Environmental Law, Personal Injury, Real Estate - Residential, Zoning, Planning & Land Use
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Contact

333 Bush Street
San Francisco, California 94104, United States

  • 415.781.7900
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Areas of Practice
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Number of Attorneys

100+ Attorneys

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