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Indiana’s medical malpractice laws attempt to combat rising healthcare costs and insurance premiums. Awards, attorney’s fees, and health care provider liability are all capped. Plaintiffs have specific procedures to follow, providers must qualify for the protections, and insurers must take certain actions to protect their insureds. Health care providers and their adjusters must have a…
In the last 10 years, with the explosion of internet speed and accessibility, the average person has developed a large online footprint. Social media has taken off as a way for people to keep in touch, share pictures, and network business. People post a tremendous amount of personal information on sites like Facebook, Twitter, LinkedIn…
The new Illinois settlement statute aims to expedite the payment of settlements in civil cases—and with stringent penalties on the defendant for non-compliance, the best approach is to be proactive. While there may be instances of slow to process settlements and late-paying carriers, the real source of delay – both to the frustration of defendants…
You’re a newly elected board member of your condo association. You’re working late hours at your regular job and you’re wondering how you’re going to find the time to do this condo board thing on top of everything else you have going on in your life. So when you get a call from the board…
While complicated medical testimony is often effectively explained to the jury through use of PowerPoint presentations, models, and drawings, the proper use of these visual aids at trial is frequently a point of contention between the parties. The courts allow experts to utilize these visual aids as “demonstrative evidence,” -evidence which has no value in…
In the last few years, the Illinois Supreme Court has addressed various issues in the context of medical malpractice cases. The following cases provide guidance in the area of medical/healthcare malpractice with respect to wrongful birth, negligent infliction of emotional distress, res judicata, Statute of Limitations, Statute of Repose and punitive damages: Wrongful Birth &…
In light of a recent decision by the Illinois First District Appellate Court, Illinois employers should support their non-competition agreements with consideration that goes beyond merely the fact of employment. Exactly what consideration will suffice as adequate consideration to support enforceability of the restrictive covenant, however, is not entirely clear in the wake of the…
Illinois real estate agents and brokers perform extensive due diligence in completing a transaction, from a simple home inspection on a residential sale to environmental site assessments in commercial transactions. Nonetheless, there are many things that an agent or broker simply cannot know about a property. Recently, several cases have again addressed the extent of…
The Illinois Supreme Court recently confirmed that a party owes no affirmative duty to preserve potential evidence in advance of litigation. In Martin v. Keeley & Sons, Inc., the Plaintiffs, employees of Defendant Keeley, were working to construct a bridge over Maxwell Creek in Randolph County, Illinois. While they were working, the concrete I-Beam they…
The Illinois appellate courts have recently split on their interpretation of the Illinois legislature’s 2010 amendment to the Freedom of Information Act’s (FOIA) fee-shifting provision that allows “prevailing” requesters to seek payment of their attorney fees from public bodies. In 2012, the Second District held that the change to the law makes it harder for…