Posts by Victoria Shoemaker


Yarbrough v. Northwestern Memorial Hospital: The Illinois Supreme Court Curtails Imposition of the Apparent Agency Doctrine on the Hospitals

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...


Long-Term Care Litigation: Preserving Privilege Over Investigation Reports

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...


Settling Wrongful Death Actions: The Illinois Supreme Court Expands the Rights of Intended Beneficiaries

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...


The Illinois Appellate Court’s Decision Curtails the Ability of Defendants to Invoke the Forum Non Conveniens Doctrine in Product Liability Cases

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,...


The Amendment to the Illinois Health Care Services Lien Act: To Lien or Not to Lien

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....