Kirk Jenkins

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Firm/Organization: Horvitz & Levy LLP
Blogs: California Supreme Court Review, Illinois Supreme Court Review, The Appellate Strategist

Latest Articles

Today, let’s begin our section by section tour through the American Law Institute’s new Insurance Restatement. Chapter 1, Section 1 of the Restatement includes definitions of common terms found in the law of liability insurance, including such commonplace concepts as a condition, the insuring clause, a mandatory (versus non-mandatory) rule, a policy limit and a standard-form term.  Although most of the definitions in the Restatement are non-controversial, a couple of points bear mentioning.  In Section…
The Court has decided only three workers compensation cases since 2013 – two in 2015 and one in 2018. Two of the Supreme Court’s three workers compensation cases were won by defendants at the Court of Appeal. The two defendants who had won their cases at the Court of Appeal evenly split at the Supreme Court – one win and one loss. The one plaintiff who had won below lost at the Supreme Court. Overall,…
The Court decided six workers compensation cases from 2006 to 2013 – two in 2007, one each in 2008, 2009, 2011 and 2013. The Court’s light workers compensation docket consisted of four cases won by the plaintiffs below and only two involving defendants’ wins for these years. Defendants who won Workers Compensation cases below won zero and lost two during these years. Plaintiffs who won their workers compensation cases at the Court of Appeal had…
The Court’s workers compensation docket has been light in the last six years.  The Court has decided only three workers compensation cases recently – two in 2015 and one in 2016. All three of the Court’s latest workers compensation cases were won by the plaintiffs below. Defendants who won at the Appellate Court were one win and zero losses at the Supreme Court. Plaintiffs who won their workers compensation cases at the Appellate Court were…
Today, we continue our review of the Illinois Supreme Court’s workers compensation caseload.  Between 2006 and 2013, the Court decided twelve workers compensation cases – three in 2006, three in 2007, one per year in 2008, 2009 and 2010, none in 2011 or 2012 and three in 2013. Seven of the Court’s most recent workers compensation cases were won by the plaintiff below and five were won by defendants. Defendants who won workers compensation cases…
Today, we’re continuing our review of the Supreme Court’s workers comp cases, turning our attention to the cases decided between 1998 and 2005. In all, the Court decided exactly the same number of cases 1998-2005 that it had 1990-1997: fourteen.  The Court decided three cases in 1998, one in 1999, two in 2000, six in 2001, none in 2002, one in 2003, zero in 2004 and one case in 2005. Between 1990 and 2005, the…
As we continue our issue-by-issue examination of the Court’s voting patterns in various areas of law, this week and next we’re addressing the Court’s workers compensation decisions. Between 1990 and 1997, the Court decided fourteen workers compensation cases in all – one in 1990, two each in 1991 and 1992, five in 1993, none in 1994, one each in 1995 and 1996 and two in 1997. By a narrow margin, the Court’s decisions more often…
The workers comp docket was up slightly between 1998 and 2005, as the Court decided twenty-three cases: four in 1998, three in 1999, four in 2000, one in 2001, three in 2002, two in 2003 and 2004 and four in 2005. The distribution of cases between plaintiffs’ wins from the Appellate Court and defendants’ wins was about the same as it was from 1990 to 1997.  Between 1998 and 2005, the Court decided nine cases…
Today, we’re beginning a new area of law in our analysis of the Justices’ handling of workers compensation cases, beginning with the years 1990 to 1997. From 1990 to 1997, the Supreme Court decided twenty-one workers comp cases – three in 1990, one in 1991, two each in 1992 and 1993, six in 1994, two each in 1995 and 1996 and three in 1997. Did the Court incline more towards plaintiffs’ wins or defense wins…
On Wednesday, May 8, I’ll be joining a panel of California Supreme Court experts for a panel discussion, “What to Expect from the Brown Court” at the Bar Association of San Francisco’s Conference Center, 301 Battery Street, 3rd Floor in San Francisco (the discussion will also be available through a webcast). Justice Joshua P. Groban, the newest Justice appointed by former Governor Brown, will speak.  He will be followed by a panel discussion, with Benjamin…