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Articles Posted in Illinois Civil Procedure

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Illinois Medical Malpractice Claim Barred Under the Illinois Tort Immunity Act – Hemminger v. Nehring

An Illinois medical malpractice claim involving a failure to diagnose cancer was barred by the Illinois Appellate Court under the Local Governmental and Governmental Employees Tort Immunity Act. Defendant CGH Medical Center Auxiliary, d/b/a CGH Medical Center, was a municipal entity, and according to the Act, government entities, such as…

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Illinois Nursing Home Abuse Addressed in Reform Bill to Illinois Nursing Home Act

The Illinois Nursing Home Care Act was recently reformed in order to address the safety of Illinois nursing homes. The reform comes on the heels of a series of articles by the Chicago Tribune documenting regular acts of nursing home abuse, including rape, murder, and assault, against geriatric residents by…

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Illinois Nursing Home Mandatory Arbitration Clauses Reviewed by Illinois Supreme Court

Recently the Illinois Supreme Court reversed a ruling by the Illinois Appellate Court Fifth District regarding the enforcement of a nursing home operator’s arbitration agreement. In <a href="Carter v. SSC Odin Operating Co., LLC, No. 106511 (4/15/10), the Special Administrator of the Estate of Joyce Gott brought a nursing home…

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Failure to Separate Plaintiffs’ Damages on Illinois Jury Verdict Forms Leads to Reversal By Seventh Circuit Court of Appeals in Happel v. Wal-Mart Stores, Inc.

The Seventh Circuit Court of Appeals in Chicago reversed a district court jury verdict on the grounds that the lower court did not separate the damages for a husband and wife on plaintiffs’ jury verdict forms. Based on the lack of separate jury verdict forms, a new trial was ordered…

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