December 2007

Medical Malpractice Update:
Trial Court Holds Illinois Tort Reform Act Unconstitutional. Direct Appeal to Illinois Supreme Court Expected.

Terrence Guolee, a shareholder in our Chicago office, writes on a recent trial court decision finding Illinois' efforts to pass tort reform on medical malpractice claims are unconstitutional under the Illinois Constitution.

Construction and Insurance Update:
When Does A Subcontractor's Insurer Have A Duty To Defend A General Contractor As An Additional Insured When The Subcontractor's Employee Is Injured On The Project?

Waukegan, Illinois office associate Nick Johnson discusses a recent decision of the Illinois first District Appellate Court that highlights and explains the insurance coverage issues present when a subcontractor's employee is hurt on a worksite.

Update:
Credit and Debit Card Receipt Clarification Act of 2007 (H.R. 4008) Seeks to Stem Tide of Litigation Under Fair and Accurate Credit Transactions Act

Terrence Goulee provides an update on a new bill pending in the U.S. House of Representatives that may stem the tide of class action litigation spreading around the country following enactment of the Fair and Accurate Credit Transactions Act, highlighted in our October 2007 newsletter.

Estate Law Update:
The Importance of Powers of Attorney

Chicago office associate Cynthia Garcia provides a primer on the importance of having a power of attorney set up to ensure your care should you be disabled.

Spoilation of Evidence - Preserve, Protect and Pursue

Theresa Mysliwy, an associate in our Merrillville, Indiana office, discusses important issues insurance carriers must consider in order to avoid being hit with spoilation of evidence claims, as well as particular Indiana cases discussing a party's duty to properly preserve potential evidence once on notice of a claim.

Insurance Update - Illinois Supreme Court Kajima Decision Impacts Additional Insured Coverage

Terrence Guolee writes on the Illinois Supreme Court's November 29, 2007 decision in Kajima which will impact nearly all cases involving additional insurance tenders.

News

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Editor:
Terrence F. Guolee

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