Opinions

The District of Northern Illinois offers a database of opinions for the years 1999 to 2013, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

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Chief Judge Bruce W. Black

05 B 10482, 05 A 01319
355 B.R. 88

02 B 12199
359 B.R. 681

In Re: Joseph S. Beale
October 16, 2006

04 B 08748
358 B.R. 744

Judge A. Benjamin Goldgar

Judge Jack B. Schmetterer

Judge Pamela S. Hollis

01 B 26090, (Jointly Administered), 02 A 01680

Reconsideration sought of opinion granting summary judgment to insurers in declaratory judgment action. Movants argued that the court erred in finding that Florida Statute Section 627.426, which requires insurers to advise insureds within 30 days that a coverage defense would be raised, did not apply. Held: Motion denied. An insurer's determination that a notice of circumstances is insufficient to trigger coverage under a claims-made policy is not a coverage defense and so compliance with section 627.426 was not required.

Judge Jacqueline P. Cox

05 B 27545, 06 A 00412

In re Teknek, LLC; Phillip Levey, Trustee v. Sheila Hamilton et al. Defendants, who are citizens of the United Kingdom, moved to dismiss Trustee’s adversary complaint for lack of personal jurisdiction or, in the alternative, on grounds of forum non conveniens. The court found under Bankruptcy Rule 7004, 28 U.S.C. § 1334(b) and the Fifth Amendment of the United States Constitution that it could exercise personal jurisdiction over the defendants. The court additionally held that even though insolvency proceedings were pending in the United Kingdom for a foreign company with essentially the same ownership structure as the chapter 7 debtor and that the United Kingdom would provide an adequate alternative forum, the balancing of private and public factors was such that dismissal based on forum non conveniens would not be appropriate.

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