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Legal Updates

General Caselaw Update – Winter 2010

In Kleiber v. Freeport Farm and Fleet, the Third District disagreed with the trial court that the distraction or deliberate-encounter exceptions applied when a women walked over an empty pallet to grab a bag of topsoil but stepped into a gap between slats and hurt her leg. Defendant had been represented at trial by Quinn Johnston’s Adam Chaddock.

 

Medical Malpractice Caselaw Update – Winter 2010

In Jackson v. Reid, the Third District held that a physician defendant who testifies as an expert witness waives the attorney-client privilege and is subject to the same rigorous cross exam as is a non-party expert. Matt Maddox examines the implications of this decision and the Second District’s decision in Knight v. Van Matre.

 

Former Employee’s Injury While Attending IME: Not Compensable

On November 16, 2010, the Appellate Court delivered its opinion in Menard v. Illinois Workers’ Compensation Commission. The Menard decision confirmed that an employment relationship does not exist when a terminated claimant is injured while returning from an independent medical examination (IME).

 

Medical Records Service May Charge Full Statutory Amount for Copies Even Where Lesser Charge is Reasonable

In a recent case, the Illinois Supreme Court addressed the question of whether it is reasonable for a provider of medical record copies to charge the full fee allowed under statute for processing requests for copies, or if the provider is limited to a lesser charge if the evidence shows that a lesser charge is all that is reasonable.

 

Legal Challenges to Healthcare Reform

President Obama signed the Patient Protection and Affordable Care Act (“PPACA”) into law on March 23, 2010. The enactment of healthcare reform has not quelled public debate. Less than an hour after the bill was signed into law, the first lawsuit opposing the legislation was filed. Legal scholars anticipate the litigation and legislation challenging the PPACA will fail.

 

Fact Investigation Issues Checklist for Premises Liability Claims

Quinn Johnston attorneys have recently obtained summary judgments in a number of cases involving premises liability. Jon Stump provides a listing of several defenses that have been successfully argued by our attorneys in obtaining summary judgement for their clients. He hopes to assist you in the fact investigation stage of premises liability claims to maximize the liability defenses available to your insureds.