General Liability

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...

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:

Nov
18

Cassiday Schade LLP Obtains Substantial Post-Trial Reduction of Damages for Medical Expenses

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...

Sep
23

Illinois Appellate Court Broadens Protection of Hospital Liens to Allow Recovery Against Damage Awards Traditionally Deemed Off-Limits

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...

Sep
20

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....

Sep
13

Clarification of the Treatment of Future Medical in Liability and No Fault Cases on the Horizon

Progress is being made by the Centers for Medicare and Medicaid Services (CMS) toward implementing rules for addressing future medical in the context of liability cases.  This week, CMS forwarded for review to the Office of Management and Budget (OMB) CMS’ Notice of Proposed Rule Making...

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