Analysis of immunity under Illinois’ EMS Act after Hernandez v. Lifeline Ambulance, LLC: Preparatory conduct and travel v. transport
Category Archives: Illinois Law
Don’t Flip Out: When Using Exhibits at Trial, How Far Does the Plaintiff’s Expert Have to Go to Show Substantial Similarity?
December 10, 2020
An Illinois Appellate Court ruled a demonstration/exhibit must be considerably similar to original, especially if being demonstrated by expert in front of a jury
This entry was posted in Medical Malpractice and tagged Demonstrative Trial Exhibits, Trial Exhibits on .
Illinois Court constricts ways to bring Human Rights Act claims for workplace discrimination against defunct employers’ corporate successors
This entry was posted in Employment Law and tagged Corporate Successors, Human Rights Claims, Workplace Discrimination on .
Illinois Employers Face New Minimum Wages, Higher Gas Taxes, and New Workplace Harassment and Discrimination Protections
October 22, 2020
Analysis of new guidelines Illinois employers face for increasing minimum wages and gas taxes, as well as workplace harassment rules
This entry was posted in Employment Law and tagged Minimum Wage, Taxes, Workplace Harassment on .
Illinois appeals court holds that statute on allowing only one substitution of judge applies only to the immediate case
This entry was posted in Illinois Law and tagged Substitution of Judge on .
Death, Deletion, and Marital Privilege Won’t Protect Incriminating Text Messages in the Second District
October 13, 2020
Illinois appeals court denies marital privilege of text massages in part due to wife’s original consent stated messages same on both phones
This entry was posted in Illinois Law and tagged Marital Privilege on .
A Review of Negligent Credentialing Case Law
September 3, 2020
“Just when I thought I was out, they pull me back in!” –Michael Corleone, The Godfather Part III Al Pacino probably doesn’t know it, but his iconic line from The Godfather Part III encapsulates the plight of hospitals pulled into medical malpractice suits due to negligent credentialing claims. That’s because plaintiffs sometimes assert this claim […]
This entry was posted in Illinois Law, Medical Malpractice and tagged Negligent Credentialing Claims, Standard of Care on .
Use of National Databases to Determine Reasonableness of Charges for Medical Services
September 1, 2020
A person injured by another’s negligence is entitled to recover the reasonable value of the necessary medical care she received for her injuries. Although most injured parties have their medical care paid for by a third party—either health insurance or a government program—which settles the medical bills for a significantly discounted amount, in Illinois the […]
This entry was posted in Healthcare Law, Illinois Law and tagged Expert Opinions, Medical Bills, Medical Services Fees, National Databases for Medical Services Fees, Usual Reasonable and Customary Charges on .
Compliance Reminder for Illinois Employers: Illinois Human Rights Amendments and Required Sexual Harassment Prevention Training
August 13, 2020
A wide variety of employment-related statutory changes went into effect in Illinois this year. These include important amendments to the Illinois Human Rights Act (IHRA), such as P.A. 101-0430, which, effective July 1, 2020, expanded the definition of an employer to cover any person employing at least one (not fifteen) employee(s). Additionally, P.A. 101-0221—which enacted […]
This entry was posted in Employment Law, Illinois Law and tagged gender violence, harassment, Hotel and Casino Employee Safety Act, IDHR, IHRA, Illinois Department of Human Rights, Illinois Human Rights Act, P.A. 101-0221, P.A. 101-0430, Sexual Harassment Prevention Training, VESSA, Victims’ Economic Security and Safety Act, Workplace Transparency Act on .
Does Simply Refiling a Case Under the Old Case Number Meet the Statutory Requirement of Commencing a New Action?
August 11, 2020
Any defense practitioner who frequently litigates in Illinois state court has seen this situation before. You are defending an action, and at some point, and for whatever reason, the plaintiff moves for a voluntary dismissal under 735 ILCS 5/2-1009. The dismissal order includes language giving plaintiff “leave to replead, with costs to be repaid upon […]
This entry was posted in Illinois Law and tagged 735 ILCS 5/13-217, 735 ILCS 5/2-1009, Refiling Cases on .