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McKenna Minutes

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

-Oliver Wendell Holmes, Jr.


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 General Litigation

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 General Medical Malpractice

The Federal Trade Commission (FTC) recently updated its COPPA Compliance Plan for businesses. The Children’s Online Privacy Protection Act (COPPA) protects the privacy of children using websites and online services. Operators of websites and online services that collect personal information from kids under age 13 are covered by the Act. Failure to comply with COPPA can result in civil penalties up to $40,654 per violation. To assist business covered under COPPA, the FTC has published a 6-step compliance plan. In response to changing technologies in the marketplace, the FTC recently updated this plan.

Categories Privacy and Data Security

Medical malpractice settlements are a double edged sword. The doctor, or other health care professional, has been sued. They are vulnerable and emotional – they are hurt that their patient or the patient’s family would sue them, angry that they have been sued, and scared that they could lose their professional liability insurance and/or their personal assets if they lose the case.

Categories McKenna News Medical Malpractice

On June 28, 2017, the U.S. House of Representatives passed medical tort reform legislation intended to help lower the cost of health insurance by lessening the financial burden of medical lawsuits. The House passed the Protecting Access to Care Act, H.R. 1215, which implements medical malpractice reform by capping plaintiff non-economic damages at $250,000 for a medical liability lawsuit related healthcare that was funded in any way by the federal government. Economic losses, like medical costs and lost wages, would be fully compensated under the Act.

Categories McKenna News Medical Malpractice

In Evanston Insurance Co. v. Riseborough, the Illinois Supreme Court, in a divided opinion, declared that the six year statute of repose for attorneys in Illinois applies to anyone seeking to sue an attorney on any basis arising out of the attorney’s professional work.  5 N.E. 3d 158, 166-67 (Ill. 2014). This ruling cut a wide swath in circumscribing the rights of non-clients to sue attorneys for mistakes.

Categories Malpractice attorneys McKenna News

Top rated law firm, McKenna Storer, is proud to announce its designation as a Better Business Bureau Accredited Business with the highest possible review rating of A+. This recognition comes with the right to display the BBB Accredited Business badge on the firm’s website.

Categories General McKenna News

When it comes to insurance coverage litigation, a key tool used in coverage disputes is the declaratory judgment action.  Once an insurance company determines that a declaratory judgment action must be filed to determine insurance coverage under its policy, there are certain parties that must be named as defendants for the complaint to survive dismissal.

Categories Insurance Coverage McKenna News

Justice Alito delivered the opinion of the U.S. Supreme Court on June 19, 2017 in Bristol-Myers Squibb Company v. Superior Court of California. The case concerned over 600 plaintiffs who brought suit in California state court against Bristol-Myers Squibb (BMS) alleging injuries from taking the drug Plavix. The vast majority of the plaintiffs were not California residents. The California Supreme Court concluded that California courts had specific jurisdiction to entertain the nonresident claims. The U.S. Supreme Court reversed the decision. This decision will have an impact on future mass tort litigation cases.

Categories McKenna News Tort

Every personal injury lawsuit has two areas of investigation: liability and damages.  The majority of a claimant’s damages consist of medical treatment.  Before insurance defense counsel can completely prepare for a claimant’s deposition, he or she must obtain an accurate picture of claimant’s medical history for the alleged injury.

Categories Insurance Coverage McKenna News

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