Clausen Miller P.C.

Clausen Miller is proud to announce that it has been named to the 2025 Best Law Firms® list by Best Lawyers. The firm was listed in its National, Chicago and New Jersey 2025 lists. Learn more: https://lnkd.in/gWBMc5wj

Congratulations to James Weck, Daniel Polsby and Kim Kearney (retired) on obtaining summary judgment in an Indiana personal injury case where the plaintiff allegedly sustained a head injury at a home improvement store after falling off a pallet while attempting to pull a product from a shelf. The court ruled that the plaintiff’s own testimony was directly at odds with his negligence claims because he had acknowledged he saw and was aware of the danger the pallet posed before entering the aisle.

Congratulations to Carl Perri and Matthew Van Dusen on obtaining a pre-answer motion to dismiss in a product liability case. The court ruled that despite COVID-19 executive tolling and extension orders, the plaintiff’s complaint was time-barred and filed after the allowed extension.

Douglas Cohen analyzes a bad faith insurance claim that was dismissed by Florida's Middle District. The court ruled that payment of an appraisal award is not an adverse adjudication, a prerequisite to bringing a bad faith claim.

Don Sampen analyzes an Illinois Central District coverage case where the court held that the “initial permission rule” would apply to determine if the user of a rental car, other than the rentee, is an additional insured under the policy covering the rental car company’s vehicles. The rule dictates that once the named insured on such a policy gives permission to another to use the vehicle, any subsequent driver is covered under the policy as long as that driver does not engage in theft or tortious conversion to gain access to the automobile.

Clausen Miller welcomes Boca Raton partner Jonathan Wickham and Fort Lauderdale associate Mykal W. Hill.

Andrew Banathy analyzes a commercial general liability coverage case in which the Hawaii Supreme Court ruled that greenhouse gases constitute “pollutants” within the meaning of the policy’s pollution exclusion, excluding coverage for a climate change suit against the insured.

Congratulations to Carl Perri and Gregory Popadiuk on defeating the plaintiff’s pre-deposition motion for summary judgment in a New York motor vehicle accident case. The court held that the plaintiff’s motion was premature based on the police accident report, which countered the plaintiff’s affidavit and sworn statement of a non-party witness.

Congratulations to Carl Perri and Matthew Leis on securing summary judgment for their attorney client in a retaliatory malpractice case, successfully arguing the defendant could not provide sufficient evidence of proximate causation and alleged damages.

Clausen Miller sends its warmest congratulations and best wishes to senior attorney Phyllis Wrann on her retirement. The firm is grateful for the incredible work and invaluable counsel Phyllis provided over the years.