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., …
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 …
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 …
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 …
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 …
ABA passes hotly debated amendments to Model Rule 1.16
8/16/23
By: Patrick J. Cosgrove and Yinan Ma
The ABA House of Delegates approved amendments to ABA Model Rule of Professional Conduct 1.16, Declining or Terminating Representation, and Comments [1], and [2]. According to the Report to the House of Delegates …
Eighth Circuit finds insurance broker caused no damage to additional insured
8/14/23
Following on the heels of the decision of the Illinois Appellate Court, First District in Santa Rosa Mall, LLC v. Aon Risk Services Central, Inc., 2023 IL App (1st) 221352, written about in this blog …