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...

Nov
10

Seventh Circuit Closes the Successor Liability Notice Requirement Loophole Under the MPPAA Regarding “Contingent” Withdrawal Liability

The Seventh Circuit closed the loophole pertaining to the successor liability notice requirement for purchasers of assets that come with a multiemployer union pension plan. In Tsareff v. Manweb Services, 794 F.3d 841 (7th Cir. 2015), the U.S. Court of Appeals for the...

Aug
10

The Future Of Data Breach Complaints – Actual Harm Required

Courts are now requiring more than a mere increased risk of a data breach in order to have standing to file suit for data breaches. In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782 (Ill. App. Ct. August 6, 2015), the Illinois Appellate Court held that plaintiffs did...

Apr
20

The Reptile Lays New Eggs

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...

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