News & Events
Illinois Amendment to Prejudgment Interest UnconstitutionalJune 10, 2022
On May 27, 2022, the Illinois Circuit Court found the July 1, 2021 Amendment to Illinois prejudgment interest statute (735 ILCS 5/2-1303) unconstitutional. In Hyland v. Advocate Health and Hospitals Corporation, et al., 2017 L 003541, the Court found the Amendment violated Defendants' right to a trial by jury and violated the prohibition against special legislations. ...
Illinois Supreme Court Distinguishes 20 Years of Trucking LawMay 20, 2022
On April 21, 2022, the Illinois Supreme Court distinguished twenty years of trucking law related to dismissal of negligent hiring, retention, and entrustment claims when a motor carrier admits that a driver is its agent. See McQueen v. Lavonta M. Green, et al., 2022 IL 12666 (Ill. April 21, 2022). ...
Anticipated Prejudgment Interest In IllinoisApril 26, 2021
On March 18, 2021, the Illinois Legislature passed a bill to amend 735 ILCS 5/2-1303 to require prejudgment interest on all personal injury and wrongful death matters in which a judgment is entered for the plaintiff. This bill is expected to be signed by Governor Pritzker and become effective on July 1, 2021. ...
FMCSA Hours of Service RevisionJune 16, 2020
On June 1, 2020, the Federal Motor Carrier Safety Administration (FMCSA) revised the hours of service regulations. These amended regulations will become effective on September 29, 2020. ...
Illinois Supreme Court Curbs General Jurisdiction for Non-Resident CorporationsApril 20, 2020
Joseph Panatera and Dina Lupancu
The Illinois Supreme Court in Aspen American Insurance Company v. Interstate Warehousing, Inc.[i]narrowed personal jurisdiction over non-resident corporate defendants, essentially closing the door to plaintiffs suing for claims that have minimal ties to Illinois. ...
Courts of Appeals are Affirming Snap RemovalJuly 12, 2019
To keep cases in a favorable state court forum, Plaintiffs often include a defendant who is a resident of that forum in the lawsuit to preclude removal to federal court. Section 1441(b)(2) prevents removal of on action on the basis of diversity jurisdiction if any of the "properly joined and served" defendants is a citizen of the state in which the action is brought. 28 U.S.C. §1441(b)(2). This limitation on removal is often referred to as the forum-defendant or resident-defendant rule. ...
My Doctor is Liable for How Much?March 27, 2018
Heather Gilbert, Emily Van Tyle
As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the Plaintiff seeks damages under both the Medical Malpractice Act ("MMA") and the Wrongful Death Act. While not unusual, it can still be confusing to determine what damages are recoverable in such a case, particularly when the Adult Wrongful Death Statute ("AWDS") is in play, as both the MMA and AWDS contain provisions which "cap" damages. This article seeks to identify how these statutes work together, how to apply the caps, and discuss when a provider can be responsible for paying more than the MMA cap. ...
Yarbrough v. Northwestern Memorial Hospital: The Illinois Supreme Court Curtails Imposition of the Apparent Agency Doctrine on the HospitalsJanuary 25, 2018
In reversing the holding of Illinois First District Appellate Court, the Illinois Supreme Court in Yarbrough v. Northwestern Memorial Hospital, 2017 IL 121367 (Dec. 29, 2017), limited the application of the doctrine of apparent agency for the first time since Gilbert v. Sycamore Hospital. The closely divided Illinois Supreme Court held that a hospital cannot be held vicariously liable under the doctrine of apparent agency for the negligence of the employees of an unrelated, independent family practice clinic that was not party to the litigation. Id. ...
The Medical Malpractice Statute of Repose is not an "Absolute Bar" where a timely filed Complaint Preserves the ClaimJanuary 9, 2018
On November 30, 2017, the Illinois Supreme Court evaluated the interplay of the Wrongful Death Act, the medical malpractice statute of repose, and the relation back statute in a matter of "first impression" in the State of Illinois. See Lawler v. Univ. of Chi. Med. Ctr., 2017 IL 120745, appealed from Lawler v. Univ. of Chi Med. Ctr., 2016 IL App (1st) 143189. At issue was whether a pending medical malpractice complaint can be amended to include a Wrongful Death claim that accrued after the statute of repose expired. Relying on the relation back statute, the Illinois Supreme Court held that it can. ...
Legal Implications Associated With The Increased Use of Physician Assistants to Provide Health CareNovember 14, 2017
Physician assistants were introduced in 1965 at Duke University as a strategy to help over-extended physicians provide more services. By 1974, 37 states had passed legislation authorizing practice by these new practitioners, and today, physician assistants are licensed in all 50 states. Physician assistants typically graduate from a two-year program with a master's degree, and then take a national exam to become licensed or ‘certified' physician assistants. In 2011, approximately 6,500 physician assistants graduated and entered the medical work force. By contrast, in 2016 approximately 19,000 students graduated from medical schools in the United States. In 2014, there were 190 accredited PA programs in the United States, and an additional 75 had applied for accreditation. ...
Second District Clarifies: IL Medical Studies Act Does Not Apply Until After a Peer-Review Committee Initiates an InvestigationOctober 17, 2017
Seventh Circuit Removes Qualified Immunity Affirmative Defense for Private Medical Providers in Civil Rights ActionsSeptember 19, 2017
Civil Rights & Correctional Healthcare, Medical Liability
Recently, the Seventh Circuit Court of Appeals affirmed a district court's ruling that private medical staff employed to work in a county jail facility were not entitled to invoke the affirmative defense of qualified immunity in response to a Section 1983 civil rights deliberate indifference claim arising from medical services provided to an inmate. ...
Third-Party Tortfeasor or Patient Insurance: Recovery Options for Healthcare Providers in Illinois and How their Participating Provider Agreements Affect the AnalysisAugust 9, 2017
There is a precarious balancing act between healthcare providers, insurance companies, legislative bodies, and the Court system ...
The First District's Roadmap to the Ever-Expanding Relation Back DoctrineJuly 18, 2017
Earlier this year, the First District Appellate Court provided a detailed analysis regarding the application of the relation back doctrine, which continues to expand its reaches and erode the statutory walls that have historically protected the rights of defendants. As with prior... ...
Hospital Agency Issues In New Locum Tenens SettingsMay 3, 2017
A steadily increasing number of physicians practice medicine on a locum tenens basis. This Latin phrase, which means "holding a place," applies to situations where a physician provides medical services at a facility temporarily to fill the facility's staffing... ...
Long Term Care Litigation: Preserving Privilege Over Investigation ReportsApril 4, 2017
Long-term care litigation is a rapidly growing area of healthcare litigation. To avoid pitfalls during litigation discovery, a proactive strategy of defense for long-term care facilities is necessary. This strategy should include pre-suit safeguarding of privilege... ...
The Collateral Source Rule and Section 2-1205March 14, 2017
The Collateral Source Rule and Section 2-1205: A Look At Their Entangled Histories And How They Affect Damages In Illinois In 2008, the Illinois Supreme Court defined the... ...
First District Appellate Court Carves Out Narrow Exception to Petrillo DoctrineOctober 20, 2016
In McChristian v. Brink, 2016 IL App (1st) 152674, the Illinois Appellate Court for the First District carved out a narrow exception to the Petrillo doctrine, which traditionally prohibits defense counsel from having ex parte communications with a plaintiff's treating... ...
Seventh Circuit Overrules Use of "Direct" and "Indirect" Tests for Analyzing Employment Discrimination ClaimsSeptember 1, 2016
The U.S. Court of Appeals for the Seventh Circuit has overruled circuit precedent requiring employees to prove bias cases through either a "direct" or an "indirect" method to establish a "convincing mosaic" of discrimination. Ortiz v. Werner... ...
Seventh Circuit Overrules Use of "Direct" and "Indirect" Tests for Analyzing Employment Discrimnation ClaimsSeptember 1, 2016
The Reptile Lays New EggsApril 20, 2015
Richard Barrett, Jr., Jacquelyn Hill
A recent flurry of amended complaints in medical malpractice cases suggests that the plaintiffs' bar seeks to extend the reptile strategy¹ to hospitals and private practice groups of physicians. These pleadings attempt to impose a duty upon hospitals and practices to promulgate by-laws, rules... ...
The Illinois Legislature Reduces the Number of Jurors From 12 to 6 In All Civil Cases Effective June 1, 2015April 8, 2015
A recent revision to the Jury Demand statute, Section 2-1105, was rushed through the Illinois legislature in November of 2014 and reduces the number of jurors from 12 to 6 in all civil cases. The revised statute becomes effective on June 1, 2015. A defendant in any case filed before June 1, 2015... ...
Challenge to Wisconsin's Cap on Noneconomic Damages in Medical Negligence CasesFebruary 25, 2015
On October 3, 2014, Milwaukee County Circuit Court Judge Jeffrey Conen held the $750,000 statutory cap on noneconomic damages for medical malpractice claims was unconstitutional as applied to Ascaris and Antonio Mayo in Mayo v. Wisconsin Injured Patients and Families Compensation Fund (2012 CV... ...
Employer's Delay Defeats Summary JudgmentFebruary 16, 2015
Generally, employers are best protected from lawsuits for terminating an employee if they document the employee's file with reasons for the termination before acting on it. However, in Ledbetter v. Good Samaritan Ministries, 2015 U.S. App. LEXIS 1943 (7th Cir. Ill. Feb 6, 2015), the... ...
Statutory Formula To Be Applied In Maintenance CasesNovember 19. 2014
Commencing January 1, 2015, a significant revision will take effect to the Illinois Marriage and Dissolution of Marriage Act, for cases in which the parties' combined gross incomes are less than $250,000.00, such that judges will no longer have the discretion to determine if a maintenance award... ...
Recent ABA Ethics Opinion Gives Illinois Trial Lawyers Pause when Researching Prospective Jurors OnlineJuly 21, 2014
Introduction In the 2003 film, Runaway Jury, Gene Hackman plays Rankin Fitch, a jury consultant for gun manufacturer sued by the widow of an office shooting victim. The manufacturer hired Finch to investigate jurors' backgrounds, ultimately through both legitimate and... ...
Settling Wrongful Death Actions: The Illinois Supreme Court Expands the Rights of Intended BeneficiariesJune 30, 2014
In re Powell v. Wunsch, the Illinois Supreme Court held that an attorney who brings a wrongful death action owes a legal duty to the decedent's beneficiaries at the distribution of funds phase of that action. Nos. 115997, 116009, 2014 IL 115997, at *¶20 (Ill. Sup. Ct. June 19, 2014). A... ...
Appellate Court Clarifies Deadline to Respond to Requests to Admit, Bases for Discovery ExtensionsMarch 31, 2014
In Armagan v. Pesha, 2014 IL App (1st) 121840, the Illinois Appellate Court for the First District clarified the rules of service for responding to requests to admit. In Armagan, the plaintiff filed suit alleging that the defendants, who held an interest in a coin shop, converted... ...
Illinois Appellate Court, Fourth District Finds Coverage For Telephone Consumer Protection Act Class ActionMarch 4, 2014
In Standard Mut. Ins. Co. v. Lay, 2014 Il App (4th) 110527-B, the Fourth District found that three policies issued by Standard Mutual Insurance Company ("Standard") provided coverage for a class action lawsuit stemming from a violation of the Telephone Consumer Protection Act of 1991.... ...
Cassiday Schade Obtains Substantial Post-Trial Reduction of Damages for Medical ExpensesNovember 18, 2013
Cassiday Schade LLP is one of the first defense firms to have an appellate decision reducing a medical malpractice verdict by nearly 33%, pursuant to 735 ILCS 5/2-1205. This is an important ruling for medical malpractice defendants with respect to a statute that is rarely used. The decision in... ...
Illinois Supreme Court Clarifies Proper Method for Naming an Estate as a Defendant in Cases of Unknown Death of Party Under 735 ILCS 5/13-209(C)November 13, 2013
Ryan Armour, Stephen Gorski
In Relf v. Shatayeva, 2013 IL 114925, the Illinois Supreme Court refined its analysis of the Illinois Code of Civil Procedure when a plaintiff mistakenly sues a decedent, and offered insight into how it interprets the Illinois Compiled Statutes by analyzing indirectly related statutory... ...
The Illinois Appellate Court's Decision Curtails the Ability of Defendants to Invoke the Forum Non Conveniens Doctrine in Product Liability CasesOctober 21, 2013
In legal theory, the doctrine of forum non conveniens refers to the discretionary power of the court to dismiss or transfer a case even though jurisdiction and venue are proper when it would serve the convenience of the parties and the ends of justice. First Nat. Bank v. Guerine,... ...
Illinois Appellate Court Broadens Protection of Hospital Liens to Allow Recovery Against Damage Awards Traditionally Deemed Off-LimitsSeptember 23, 2013
Ryan Armour, Stephen Gorski
Lien protection and preservation has been at the forefront of the ongoing evolution of personal injury law in Illinois for the last decade. The recent First District Appellate Court decision in Manago v. The County of Cook, 2013 IL App. (1st) 121365, offers insight into the application of the... ...
The Amendment to the Illinois Health Care Services Lien Act: To Lien or Not to LienSeptember 20, 2013
House Bill 5823 ("HB5823") became law on January 1, 2013. This amendment to the Illinois Health Care Services Lien Act ("Act"), 770 ILCS 23/1 et seq., made significant changes to the Act. It established a new process for medical providers who are lien holders on personal injury judgments.... ...
Illinois Appellate Court Broadens Scope Of Anti-Indemnity Act To Protect Illinois ContractorsSeptember 19, 2013
In a decision that benefits construction companies doing business in Illinois, the Illinois Appellate Court recently published a decision broadening the scope of the Illinois Construction Contract for Negligence Act, more commonly known as the Illinois Anti-Indemnity Act. The decision is also a... ...
New Time Limits and Other Obligations in Civil SettlementsSeptember 16, 2013
On August 26, 2013, Illinois Governor Patrick Quinn signed into law Illinois Senate Bill 1912 (Public Act 098-0548), which will place time limitations on "settling defendants" to tender draft releases and settlement payments with resultant penalties for the failure to do so. The law, which... ...
Illinois Appellate Court, First District Finds Coverage For Additional Insured Under Blanket Additional Insured EndorsementAugust 12, 2013
Illinois Appellate Court, First District Finds Coverage For Additional Insured Under Blanket Additional Insured Endorsement The Illinois Appellate Court, First District recently issued a decision construing the written contract requirement of a blanket additional insured endorsement in a... ...
FMLA Protections Expanded for Military FamiliesJuly 29. 2013
The U.S. Department of Labor recently celebrated the 20th anniversary of the signing of the Family and Medical Leave Act by issuing a final rule implementing important expansions of FMLA protections. One expansion provides families of eligible veterans with the same job-protected FMLA leave... ...
Judicial Estoppel: A Lethal DefenseJuly 28, 2011
A good defense lawyer is always on the look out for an extra tool to place in his or her tool kit for getting a case dismissed with prejudice in a straightforward fashion with little expense to the client. The problem is that most defense lawyers are so entrenched in the merits of the case that... ...
That's Not How We Designed It!June 2, 2011