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Archives: April, 2010

Apportionment Changes after Illinois Supreme Court’s Decision

The Illinois Supreme Court’s recent decision in Ready v. United/Goedeke Services, Inc. will have a far reaching impact on the way juries are instructed on apportionment between Defendants, allowing a plaintiff to circumvent the primary purpose of the Illinois Joint Liability Act. This will change the way multi defendant cases must be evaluated and litigated.

 

Set-off Changes after the Illinois Supreme Court Decision in Thornton v. Garcini

It is clear, after the decision in Thornton, that set-off claims must appear as a counter or cross-claim in a defendant’s answer, less the claim be waived. Jon Stump discusses the decision and necessary revisions to the defense case management process.

 

Protecting Medicare’s Interests in Liability Settlements

The MMSEA has significantly expanded the duties of insurers under the Medicare Secondary Payer Act, shifting the burden from injured parties to insurance entities to satisfy reporting requirements for settlements involving Medicare recipients.

 

They Filed a Petition for Penalties and Attorney’s Fees – So What?

Liability for penalties can nearly double the claims dollar exposure. In analyzing a claim for penalties, an employer should ensure that there is a reasonable basis to deny the benefits.

 

Case Law Update – Spring 2010

Matt Smith discusses three decisions, including the Appellate Court’s decision in Cookson v. Price, which serves as a cautionary tale regarding the further erosion of the rule requiring a health care professional’s report as precursor to a medical malpractice lawsuit.

 

Illinois Supreme Court Finds Employees Terminated for Cause Must Still Be Paid TTD

According to the Illinois Supreme Court, the determinative inquiry of whether the Petitioner is entitled to TTD benefits is whether his condition has stabilized. An employee is entitled to TTD benefits if he can show that he is temporarily totally disabled because of his injury.