Welcome to this
month's edition of InSight, Johnson & Bell's e-newsletter provided exclusively for clients and
friends of the firm.
This month's issue includes several articles of interest
within the areas of business law, employment law, insurance
coverage, and healthcare law.
This month's Industry Focus section again visits the
healthcare industry with a review and summary of the historic
medical malpractice reform bill passed by the Illinois
General Assembly on May 31.
Attorney Margaret Unger has practiced with Johnson & Bell
for over 21 years. She recently accomplished her 27th
tried to verdict case representing Condell Acute Care Center,
overcoming significant obstacles to secure a defense
verdict.
Our News of Note section reviews several recent court
victories achieved for our clients. It also highlights
information on upcoming seminars hosted by the firm and
reviews other activities of our attorneys.
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LEGAL
UPDATES
ADVANCED
HEALTHCARE DIRECTIVE
Schiavo?
Not me! By Michael
A. LaTona Unless
you are as unfortunate as Terri Schiavo, you have read, or
heard, the name Schiavo. In
Italian, the word S-C-H-I-A-V-O is pronounced
“skee-ah-voe” and means "slave." Ironically,
and tragically, Terri Schiavo became a slave to
the wishes of others, with some of whom she certainly did not
agree. However, nobody will ever know what she would
have wanted concerning her final treatment.
To read the complete article, click .
BUSINESS
LAW
All
employers required to display new labor poster Effective
March 10 all employers, regardless of the number of
employees, must display a new mandatory labor law poster
under the federal Uniformed Services Employment and
Reemployment Rights Act.The employment rights mandated by the Act extends
coverage to up to 24 months for employees called to active
military duty.Coverage
was formerly only 18 months.During this coverage period, the job security and
benefits for the employee on active duty are guaranteed under
the law.
To read the complete article, click .
BUSINESS
LAW
Effect of reinstatement on involuntarily dissolved
corporations One of the
primary reasons people incorporate their businesses is to
enjoy limited personal liability relative to operating
that business. What does that mean? Absent
fraud, a person's liability, in the event of judgment
entered against the corporation, is limited to his or her
investment in the corporation.
To read the complete article, click .
EMPLOYMENT
LAW
Illinois
prohibits discrimination based on sexual orientation By
On
January 21, Illinois Governor Rob Blagojevich signed
into law an amendment to the Illinois Human Rights act which
prohibits discrimination on the basis of sexual orientation
by employers, as well as others.The new amendment applies to anyIllinoisemployer
having 15 or more employees, and any employer which has a
state contract.
To read the complete article, click .
EMPLOYMENT
LAW
Severance
agreements: An increasingly popular tool for
employers By
Throughout
the 1990's, corporate downsizing was a popular strategy
for companies that believed they had become complacent to
the ever-increasing pace of competition in their
markets. Today, corporations continue to
downsize. Not surprisingly, these same corporations
are facing an increasing amount of employment-related
litigation. As a result, many corporations have
turned to severance agreements as a way of protecting
their interests.
To read the complete article, click .
INSURANCE
COVERAGE
New
case law dealing with additional
insured endorsements & targeted tenders By Glenn
F. Fencl
Insurance coverage
disputes between insurance companies are not uncommon and
many times arise out of a construction related incident.
Issues concerning “other insurance clauses” and the
interplay between various “additional insured
endorsements” can be confusing. With the advent of
“targeted tenders,” contractors attempt to involve as
many insurance carriers as they can while refraining from
calling upon their own insurance carrier to respond.
To read the complete article, click .
INSURANCE
COVERAGE
Illinois
Supreme Court rules carriers cannot reserve their
right to recoup defense costs: adopts the minority rule By Peter
R. Ryndak
When issuing a reservation of
rights letter, insurance carriers oftentimes reserve the
right to recoup defense costs paid on behalf of their insured
in the event that it is later determined that the carrier did
not owe a duty to defend the insured in the first
instance. The majority of jurisdictions passing upon
this issue have held that an insurance carrier may, indeed,
recover defense costs if it specifically reserved the right
to do so in its reservation letter to the
insured.
The
Medical Studies Act strictly defines the parameters by which
a hospital may investigate an incident in order to keep any
resulting documentation within the protection of the
privilege.
In
Webb v. Mt.Sinaithe court clarified
application of the Medical Studies Act.In this case the court found that certain documents,
prepared by risk management after investigation of a patient
death, were not protected by the Act and therefore were not
protected from disclosure by the Act.
To read the complete article, click .
MEDICAL
MALPRACTICE
Appellate
court decision on the Petrillo rule By
The
Illinois Appellate Court, First District, recently issued
an opinion interpreting the Petrillo rule.
Under Petrillo, defendants and defense counsel are
prohibited from engaging in ex parte communications
with a plaintiff's treating physicians.
Morris
successfully represents Chicago Tribune in the
newspaper's first libel suit to go to trial in 40 years Attorney
teamed with Houston attorneys from
Jackson Walker to successfully represent the Chicago
Tribune and its reporters in the newspaper's first libel
suit to go to trial in almost 40 years. The lawsuit
stemmed from the shocking 1983 home invasion and murder of
10 year-old Jeanine Nicarico in Naperville, Illinois.
To read the complete article, click .
Pauletto
obtains summary judgment for
insurance carrier in scaffold collapse case
Attorney recently obtained a summary judgment on
behalf of St. Paul Fire & Marine Insurance Company in a very difficult and
dangerous case in the
Circuit
Court
of
Peoria
County.The case
arose from the collapse of a scaffold which had been
suspended beneath Peoria's
McCluggage
Bridge
for structural repairs.The scaffold collapsed for reasons still in
dispute, sending four workmen into the Illinois River.
To read the complete article, click .
Johnson
& Bell successfully defends real estate
appraisers in $2.3 million professional liability suit
Johnson
& Bell Attorneys Joseph
R. Marconi and Victor
J. Pioli successfully defended three
Cook
County
real estate appraisers in a professional liability suit
brought by a prominent federal savings bank.The suit alleged that the three appraisers had
falsely and negligently appraised the value of a commercial
office building located in
Matteson
,
Illinois
.The bank claimed that the office building was worth
only $700,000 while the appraisers had valued the building
at $2.5 million.The bank further claimed that it extended a $2.3
million loan in reliance upon the appraisal and the loan
eventually defaulted.
To read the complete article, click .
Johnson
& Bell obtains dismissal of securities claim in Federal
Court on behalf of director of defendant corporation On
April 14, the United States District Court for the Eastern
District of Missouri granted the Defendants’ motion to
dismiss and dismissed the Plaintiff’s Second Amended
Complaint with prejudice. Plaintiffs had alleged that the
Defendants, a corporation and its directors, had violated
Sections 10(b) and 20(a) of the Securities and Exchange
Act of 1934, as well the securities laws of the states of Missouri,
Florida,
Illinois, New Jersey, and Maine.These
violations allegedly occurred as the result of the
Defendants’ offer to sell convertible debentures and
warrants to the Plaintiffs.
To read the complete article, click .
Judge
reconsiders prior denial of summary judgment
motion in uninsured motorist claim for Fencl, Cryar --
saving insurance company client $1 million policy
Attorneys
and recently obtained a ruling granting their motion
to reconsider a prior denial of a motion for summary
judgment. The plaintiff filed an uninsured
motorist claim against Johnson & Bell's insurance company
client following a single truck accident. He was
operating a tractor owned by his immediate employer with a
trailer attached owned by the insurance company's insured.
He lost control of the vehicle and struck a viaduct,
allegedly due to an unknown vehicle cutting him off.
The collision resulted in the vehicle catching on fire,
trapping the driver who sustained severe burns over 75% of
his body.
To read the complete article, click .
Johnson
& Bell wins appeal on trade secrets case
On
March 1, the First District Appellate Court of Illinois in Liebert
Corporation, and Zonatherm Products, Inc. v. John Mazur,
Gregory N. Schwabe, Jerome Mazur, Mario Belluomini, Laurence
Bergfalk, Aerico, Inc. and American Power Conversion
Corporation reversed, in part, the trial court’s denial
of Liebert Corporation and Zonatherm Products, Inc.’s
motion for preliminary injunction seeking relief from their
former employee’s misappropriation of trade secrets, and
conspiracy to develop competing business in order to join
forces witha
competitor.
To read the complete article, click .
Takash
& Wollin secure declaratory judgment for insurance
carrier in lawsuit resulting from husband setting
wife on fire Attorneys
Terry
A. Takash and Matthew
K. Wollin secured a
declaratory judgment on behalf
of their insurance carrier client following a week long
trial. The dispute arose between a husband and
wife resulting in severe personal injury to the wife.
Subsequent to the wife filing suit for her personal
injuries against the insured husband, Messrs. Takash and
Wollin filed a complaint for declaratory judgment
against the husband and wife maintaining that because
the husband had intentionally set his wife on fire
during the dispute, the carrier had no duty to
defend/indemnify the husband with respect to the wife's
suit.
Hospital Law Group to host
June 30
seminar
on medical malpractice reform bill
On
Thursday, June 30, Johnson & Bell's will host a
seminar for
our
clients and friends on the implications of the medical
malpractice reform bill passed by the Illinois General
Assembly and currently awaiting Governor Rod Blagojevich's
signature. The seminar will be held at The
University Club in Chicago and is available at no charge
to attendees.
To read the complete article, click .
Employment Law Group to host October 18
seminar for business owners and executives
On
Tuesday, October 18, Johnson & Bell's will host a half-day seminar for our
clients and friends on employment-related issues of
increasing concern. The seminar will be held at The
Union League Club in Chicago and is available at no charge
to attendees.
Bill
Johnson serves as panelist at Tort Reform Summit Attorney
served as a panelist during the Law
Bulletin Publishing Company's Tort Reform Summit held May
17 at The Renaissance Hotel, Chicago.
To read the complete article, click .
Idaho
county commission retains Foster in landmark RICO
lawsuit over illegal immigrants, garners national media
attention
Canyon
county, Idaho, commissioners voted recently to retain
Attorney to investigate the illegal immigrant hiring of
several County employers and prepare a federal court
complaint against them for damages under the federal
Racketeer Influenced and Corrupt Organizations Act
(RICO). The County will seek reimbursement for costs
it has expended on criminal justice and health care on
behalf of illegal immigrants employed by these companies.
To read the complete article, click .
28
named Illinois Super Lawyers
Twenty-eight
Johnson & Bell attorneys were recently named Illinois
Super Lawyers following a poll of attorneys in the state
by the publishers of Law & Politics
magazine. Only five percent of attorneys statewide
were awarded the honor.
To read the complete article, click .
McVisk
testifies on tort reform on behalf of Illinois Hospital
Association before Illinois Senate Judiciary Committee
Attorney
testified on tort reform before the Illinois
Senate Judiciary Committee on March 3. Mr. McVisk
testified on behalf of the Illinois Hospital Association (IHA)
in favor of a proposed bill to reform the current system
to allow periodic payment of a medical malpractice
plaintiff's future medical expenses.
To read the complete article, click .
Hearn
tops list of Indiana's most prolific trial attorneys of
2004 In its Year in
Review The Indiana Jury Verdict Reporter ranks
Johnson & Bell Attorney as Indiana's Most Prolific Trial Attorney
of 2004.
To read the complete article, click .
Attorneys
join Johnson & Bell
Five attorneys recently
joined Johnson & Bell as associates in the
firm. They are
, ,
,
, and
.
To read the complete article, click .
Marconi
speaks to Chicago area Daimler Chrysler
dealers on the manufacturer's efforts to combine franchises
On May 5 Attorney and Professor John Matthews gave a presentation
to Chicago area Daimler Chrysler dealers at the Chicago
Automobile Trade Association headquarters in Oakbrook
Terrace. The presentation focused on Daimler Chrysler's
desire to reduce its number of U.S. metro dealers, preferring
fewer, more profitable dealers and how this stated wish
effects Chicago area Daimler Chrysler dealers.
To read the complete article, click .
Conforti
to speak at American Trucking
Association Forum on ECM's and reconstruction
Attorney is scheduled to speak at the American Trucking
Association's Forum for Motor Carrier General Counsels to be
held July 24-27 at the Hilton La Jolla Torrey Pines in La Jolla,
California.
To read the complete article, click .
McNamara
speaks on civil litigation
at ISBA Civil Practices & Procedures Section
Attorney recently spoke at the ISBA Bloomington
Program seminar entitled Civil Litigation: Update and
Overview of Civil Practice and Procedure.
The seminar was scheduled on May 6 at the Radisson Hotel, 10
Brickyard Drive, in Bloomington, Illinois. McNamara
spoke on the topic Post-Trial Motions -- JNOV, New Trial,
Preserving Issues for Appeal.
To read the complete article, click
.
SHAREHOLDER
PROFILE
Unger's verdict for
hospital client
overcomes significant obstacles
Johnson & Bell attorney , accompanied by attorney , recently accomplished her 27th tried to verdict case with Estate
of Patrick Glennon v. Joseph Carchedi M.D. and CondellAcuteCareCenter before the Honorable
Susan Holmgren in Winnebago
County. This highly sympathetic case was tried during the
Christmas season from
December 6 - 17, 2004. Contrary to the proverbial Christmas jury, the defense verdict
is still run.
To read the complete article, click .
INDUSTRY FOCUS:
HEALTHCARE
Illinois
General Assembly passes
historic medical malpractice reform
bill
On May 31, the Illinois General Assembly passed and sent to
Governor Rod Blagojevich a medical malpractice reform bill.
The law is a lengthy and complex series of amendments to
current statutes and also contains new
provisions.
On
Tuesday, October 18, Johnson & Bell's will host a half-day seminar for our
clients and friends on employment-related issues of
increasing concern. The seminar will be held at The
Union League Club in Chicago and is available at no charge
to attendees.