Massachusetts lawyer receives public reprimand for witness coaching at remote deposition
11/28/23
By: Sean Andrés Rapela
On November 6, 2023, the Commonwealth of Massachusetts Board of Bar Overseers of the Supreme Judicial Court (“BBO”) issued a Massachusetts lawyer (the “Lawyer”) a public reprimand for coaching a witness at a deposition in what …
Not so fast – The Apex Doctrine may shield a high-ranking executive or government official from sitting for a deposition
10/17/23
By: Cameron Regnery and Scott Eric Anderson
The “Apex Doctrine” is a legal principal aimed at protecting top executives and government officials from having to sit for a deposition in certain situations. The Doctrine recognizes that the burden …
Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. Aon Corp., …
Termination on death clause dooms attempt to use arbitration agreement in Illinois nursing home contract
10/11/23
By: Donald Patrick Eckler and Adelaide Bell
Does a death on termination clause in a nursing home contract terminate the entirety of the contract, including the arbitration agreement? Resolving a conflict between the districts of the Illinois Appellate Court, the …
Question of fact found on whether an allegedly negligent radiologist was an employee or independent contractor
10/5/23
By: Donald Patrick Eckler and Joshua W. Zhao
In Conrads v. Rush-Copley Medical Center, Inc., 2023 IL App (2d) 220455, the Appellate Court of Illinois addressed the factors that a court should consider when determining whether a physician constitutes …
Statute of limitations and release doom an Illinois plaintiff’s legal malpractice claim
10/3/23
By: Donald Patrick Eckler and Joshua W. Zhao
Reaffirming the well settled law that a plaintiff’s knowledge that they have been injured commences the statute of limitations even if the plaintiff does not know that the defendant caused the injury …
Can legal malpractice claims survive statute of repose? The role of fraudulent concealment and equitable estoppel
9/28/23
By: Donald Patrick Eckler and Adelaide Bell
In the recent case of Comprehensive Marketing, Inc. v. Huck Bouma P.C., and Mark Bishop, 2023 IL App (1st) 220694-U, the court examined allegations of legal malpractice and breach of contract, emphasizing …
Will external investigations for your organization be protected? Applying the attorney-client privilege in Texas
9/22/23
By: Lynne Finley
In the recent Texas Supreme Court decision, The Univ. of Tex. Sys. v. The Franklin Ctr. For Gov’t & Pub. Integrity. Supreme Court of Texas. Jun 30, 2023. No. 21-0534 (Tex. Jun. 30, 2023), the court provided …
Res judicata dooms claim against Illinois real estate broker
9/20/23
By: Joshua W. Zhao and Donald Patrick Eckler
Does the doctrine of res judicata bar a plaintiff’s claims against a real estate broker if the basis for those claims was undiscovered in a prior action against the seller that were …
Tennessee’s new peer professional privilege
9/11/23
By: Jason M. Pannu and Timothy R. Gilbert
The Tennessee Supreme Court recently established a common law evidentiary privilege, specifically shielding defendant healthcare providers from being compelled to testify as to the standard of care applicable to other defendant healthcare …
Minority Position: Vician v. Bingham Greenebaum & Doll, LLP
9/11/23
By: Tia J. Combs
In the recent Court of Appeals of Indiana case, Vician, individually and on behalf of Bowman, Heintz, Boscia & Vician, P.C. v. Bingham Greenebaum & Doll, LLP n/k/a Dentons Bingham Greenebaum, LLP and Jeremy Hill, …
COVID-19 immunity for health care facilities upheld in Illinois
8/18/23
By: Kevin M. Ringel
In a victory for health care providers in Illinois, a state appellate court held yesterday that Governor Pritzker’s executive order issued in the early days of the COVID-19 pandemic grants immunity for ordinary negligence claims to …