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Archives: December, 2009

Civil Trials under the Illinois Human Rights Act

Amendments to the Illinois Human Rights Act have given employees a new forum to file charges of discrimination: Illinois circuit courts. Many employees will chose to raise employment discrimination claims with the IDHR and proceed to state court under the IHRA, rather than rely on the procedures of the EEOC and subsequent federal court action under Title VII.

 

Medical Malpractice Case Update – Winter 2009

In Cookson v. Price, the appellate court held that plaintiff was entitled to amend his health professional’s 2-622 report. In a separate case, the court held that a physician-patient relationship will not be established simply because a physician signed off on the work of a person holding a lesser license.

 

Employers Win One, Lose One

In one case, the Illinois Supreme Court greatly expanded an employer’s strict liability for sexual harassment by its supervisors. In a second case, the Illinois Appellate Court, Fourth District, made it easier for employers to enforce covenants not to compete.

 

Workers’ Compensation Case Update – Winter 2009

Chris Crawford discusses three workers’ comp cases, including Anduray v. Chicago Transit Authority. In this matter, the Commission found that the Petitioner’s exacerbation of symptoms while shoveling snow was a manifestation of a work injury, further narrowing the defense of “intervening accident.”

 

Settlement Issues in Medical Malpractice Cases: Finding Credit Where Credit Is Due

During Fall 2009, two Illinois courts of appeal issued decisions in medical negligence cases that closely examine the relationships between defendants and each party’s individual interests that arise at the time of settlement.