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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

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Illinois hospitals routinely use physician peer reviews and hospitals and other health care facilities quality control committees to improve the quality of patient care. These reviews most-often, but not always, look into a specific patient’s care where there has been a negative outcome to determine if there is something that the can be done to improve future patient care. The purpose of the Medical Studies Act is to encourage candid and voluntary studies and programs used to improve hospital conditions and patient care or to reduce the rates of death and disease.


Categories Insurance Litigation Defense


We compiled this practical blog to answer some of the most Frequently Asked Questions about bankruptcy.

Should I file for bankruptcy?

This is a difficult question with no easy answer. You may want to file bankruptcy if you answer “yes” to any of the following questions:


Categories Bankruptcy Services


When the holiday season rolls around, most people think of thanksgiving dinners, Christmas shopping and spending time with family and friends. As folks prepare for the holiday season, insurance defense counsel prepare for the increased potential for year-end insurance settlements. Both the plaintiffs and the defendants have incentives for settling cases before the beginning of the new year. Plaintiff’s would enjoy some extra shopping money for the holidays. From a tax perspective, money received in the current year is better than turning the tax calendar year over, since taxes are usually only going up. This is an incentive for individual plaintiffs and their attorneys to receive the settlement money and fees before the next tax year.


Categories Insurance Litigation Defense


A long-term leave of absence is not a reasonable accommodation under the Americans With Disabilities Act (“ADA”) , at least according to the Seventh Circuit. On September 20, 2017, the Seventh Circuit in Severson v. Heartland Woodcraft, Inc. held that an employee who needs a long term leave is not a qualified individual with a disability under the ADA.


Categories Employment Law


Plaintiff Charles Krik, a life-long cigarette smoker, alleged that his lung cancer was caused, in part, by exposure to asbestos attributable to his work as a pipe fitter at an Exxon Mobil refinery. At the trial level, the judge barred plaintiff’s expert Dr. Arthur Frank and his opinion that “any exposure” to a given substance adds to one’s cumulative dose, and that the cumulative dose is the alleged cause of the claimed injury. (Charles Krik v. Exxon Mobil Oil Corp., et al., No. 15-3112, 7th Cir., 2017 U.S. App. LEXIS 16795).


Categories Toxic Tort Litigation Defense


Insurance coverage for underinsured and uninsured motorist coverage laws are often times confusing. One source of such confusion is the determination of coverage owed when there are multiple tortfeasors. The recent case of Illinois Emcasco Ins. Co. v. Tufano, 2016 IL App (1st) 151196 provides guidance in this circumstance.


Categories Insurance Litigation Defense


There may be a double “whammy” in being a legal malpractice defendant. In addition to being a defendant, the plaintiff may be obligated to report you to the Attorney Registration & Disciplinary Commission (ARDC) if the alleged malpractice misconduct violates Rules 8.3(a), 8.4(b) or (c) of the Illinois Rules of Professional Conduct (“Rules”). This mandatory reporting heightens the stakes of any malpractice claim and may complicate the defense of the case.


Categories Legal Malpractice Defense


The United States Supreme Court opinion in Spokeo (“Spokeo II) was viewed as a major decision in cybersecurity litigation. We at Mckenna Storer addressed the importance of that decision in this space in “No Harm, No Foul: Why Spokeo v. Robins is a Win for Data Privacy Defendants”. The results following that decision have been mixed for plaintiffs and defendants. In Spokeo II, the Court remanded the case to the U.S. Court of Appeals for the 9th Circuit, which recently issued its opinion on remand. The 9th Circuit held that Plaintiff has standing to sue Spokeo for violations of the Fair Credit Reporting Act (FCRA).


Categories Privacy and Data Security Litigation


The U.S. Court of Appeals for the 7th Circuit affirmed the dismissal of a suit accusing Indiana’s Lake County of violating the Age Discrimination in Employment Act by firing workers over the age of 65 whose insurance premiums threatened to destroy its budget. The court determined the age of the workers was incidental to their firing. The unanimous 7th Circuit panel held that the retirement-age participation in the Medicare supplemental insurance program the county had offered for free to current workers was the true reason for their termination.


Categories Employment Law


You’ve just been served with a summons or complaint for medical malpractice.  You are shocked – and frankly, enraged that this patient – or their family – would turn on you.


Categories Medical Malpractice Defense


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