Oct
23

Illinois Appellate Court Honors Venue Provision

Posted in Commercial

When entering into a business arrangement, venue provisions for future litigation are sometimes an afterthought. The prospect of litigation seems remote, and to some parties, it seems as if any venue provision will do. The First District’s recent opinion in Saba Software v. Deere &...

Jul
21

Recent ABA Ethics Opinion Gives Illinois Trial Lawyers Pause when Researching Prospective Jurors Online

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...

Jun
30

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...

Jun
02

Medicare Advantage Plans Win and Lose in Arizona

Posted in Healthcare

With Mandatory Insurer reporting and the Medicare Secondary Payer Act (MSP) at the forefront of everyone’s minds, Medicare Advantage Plans (MAPs) are working to leverage certain MSP provisions to establish the favorable recovery hierarchy enjoyed only by Medicare. MAPs are private...

Mar
31

Appellate Court Clarifies Deadline to Respond to Requests to Admit, Bases for Discovery Extensions

Posted in Civil Procedure

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...

Mar
26

Illinois Supreme Court Concludes that the Good Samaritan Act Applies to Volunteers and Not Those Who Are Compensated to Treat Patients Within the Scope of Their Employment Even If the Patient is Not Billed for Services

Illinois physicians can no longer claim immunity under the Good Samaritan Act if they are compensated for their time within the scope of their employment despite the fact that the patient was not billed for the emergency care provided.  Home Star Bank and Financial Services, Guardian of the...

Mar
05

Illinois Appellate Court Expands Damages Allowable in Wrongful Pregnancy Suit When a Genetic Abnormality is a Foreseeable Consequence of a Sterilization Procedure

The First District held that a plaintiff advancing claims of negligence and wrongful pregnancy can recover extraordinary expenses that would be incurred in raising a child born with sickle cell disease following her mother’s failed tubal ligation procedure. See Williams v. Rosner, 2014...

Mar
04

Illinois Appellate Court, Fourth District Finds Coverage For Telephone Consumer Protection Act Class Action

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....

Feb
24

CMS Proposes Expansion of Re-Review Process for Medicare Set-Asides

On February 11, 2014, the Centers for Medicare and Medicaid Services (CMS) proposed a rule expanding the re-review of Workers’ Compensation Medicare Set-Aside Arrangements (WCMSAs). The notice concerning the proposed rule can be viewed here:

Feb
17

Evidentiary Errors Require Reversal of a $1.5 Million Medical Malpractice Verdict

Cassiday Schade partner Trisha K. Tesmer obtained an appellate victory when the Illinois Appellate Court reversed a $1.5 million verdict and remanded the matter for a new trial against the defendant emergency room physician and...

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