In a previous blog, we looked at the way the Colorado Court of Appeals explored the idea of causation in premises liability. However, the question of causation was not the only matter under review in the case. In Martinez v. Cast, the plaintiff claimed that a...
Month: June 2022
Colorado Looks at the Role of Causation in Premises Liability
The Colorado Court of Appeals recently reviewed and reversed the summary judgment made in favor of a landowner in a premises liability case. The case, Martinez v. Cast, centered around the injuries to two children whose mother had pushed them out of a window to avoid...
A recent opinion changes the rules for reinsurance
In a recent opinion, the United States Court of Appeals for the Second Circuit set forth a new standard for reinsurance limits. Reinsurers should no longer presume there’s a cap on their exposure to defense costs. This means that the decisions from Bellefonte v. Aetna...
KNM Secures Summary Judgment
Killian Walsh of KNM's St. Louis Office recently secured summary judgment in Kansas state court. In the case, the plaintiff brought suit against the insured after falling off a ladder at the insured's property, alleging that the insured failed to warn of the dangers...
Supreme Court Rules That Stopped Trains Are Not “In Use”
This April, in an evenly split decision, the Supreme Court affirmed the Seventh District’s opinion in the case of LeDure v. Union Pacific. At the crux of this argument was the question whether a stopped train could be “in use” per federal labor law. With this ruling,...

Cook County Court Backpedals on Recent HIPAA Protective Order
On April 12, 2022, the Circuit Court of Cook County vacated the November 5, 2021 “Law Division General Administrative Order 21-3” as well as its requirement to use its corresponding HIPAA Protective Order. The order to vacate comes only 5 months after its highly...

Western District of Missouri holds Insurer Lacks Standing to Appeal Failure to Rule Motion to Intervene After Entry of Judgment
The Court of Appeals for the Western District of Missouri recently handed down its decision in Yuncker et al. v. Dodds et al. in which it found that an insurer lacked standing to appeal the circuit court’s failure to rule on its motion to intervene filed after entry...
KNM Secures Directed Verdict in Kansas
Kansas City Office’s Derek MacKay, and Andrew Serrone recently secured a directed verdict win on behalf of two clients, the owners of a Kansas-based logistics company. Plaintiff demanded more than $3,000,000 in damages resulting from a co-defendant’s breach of...