Apr
04

LONG –TERM CARE LITIGATION: PRESERVING PRIVILEGE OVER INVESTIGATION REPORTS

Posted in Healthcare

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...

Mar
14

The Collateral Source Rule and Section 2-1205

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...

Jan
10

Admissibility of Medical Write-Offs

Posted in Healthcare

            In Patchett v. Lee, the Indiana Supreme Court addressed the admissibility of evidence of the actual amount paid for medical expenses by government-sponsored healthcare programs. See Patchett v. Lee, 60 N.E.3d 1025...

Nov
29

Discovery Rule for Application of the Statute of Limitations in Legal Malpractice Claims

The First District Appellate Court of Illinois recently issued a decision in the case of Nelson v. Padgitt, 2016 IL App (1st) 160571, which considered the discovery rule for application of the statute of limitations in legal malpractice claims.  The recent...

Oct
20

First District Appellate Court Carves Out Narrow Exception to Petrillo Doctrine

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...

Sep
01

Seventh Circuit Overrules Use of “Direct” and “Indirect” Tests for Analyzing Employment Discrimination Claims

Posted in Employment

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...

Jul
26

Limits of Insuring Agreement Tested In 7th Circuit Declaratory Judgment Action Arising Out Of “Pill-Mill” Lawsuit

In an underlying lawsuit pending in the Circuit Court of Boone County, West Virginia, the State of West Virginia (“the State”) filed claims against a number of prescription drug distributors, including H.D. Smith Wholesale Drug Company (“H.D. Smith”),...

Jul
21

Illinois Fourth District Appellate Court Creates Doubt as to the Viability of Section 2-1205 Post-Judgment Relief

Posted in Appellate

A recent Appellate Court Decision from the Illinois Fourth District has cast doubt on the viability of a defense-friendly modification to the collateral source rule. In Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728, the Plaintiff was successful in his medical...

Feb
19

Maximizing the Legal Protections Provided by PSO Participation:

The Affordable Care Act requires that by January 1, 2017, hospitals with more than 50 beds that contract with Qualified Health Plans (QHPs) participate in a Patient Evaluation System (PSES) through a federally certified Patient Safety Organization (PSO).   The...

Jan
18

Employer Did Not Retaliate in Demoting Employee for Planning to File a Fraudulent FMLA Claim

The Seventh Circuit recently held that a Costco store did not engage in a retaliatory response when it demoted a manager to cashier after learning that he was planning to file an allegedly fraudulent FMLA leave request.  The Court further held that Costco did not...

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