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Articles Posted in Illinois Procedural Law

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Illinois Appellate Court Reverses Summary Judgment Against Nursing Home Due to Fraudulent Transfer of Assets

Jane Holloway was an employee of Oakridge Convalescent Home on Feb. 7, 2011. She filed a charge of discrimination in violation of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) against Oakridge Nursing & Rehab Center LLC (“Oakridge Center”) who was the employer and the managing company of…

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Illinois Appellate Court Affirms Summary Judgment Dismissing Nursing Home That Had Sold Itself to Another Company

Countryside Care Centre was a nursing home in Aurora, Ill., a suburb west of Chicago. On Dec. 31, 2011, Countryside Care, LLC transferred the nursing home and the operation of it to Symphony Countryside, LLC. All employees were terminated with Symphony, which then had sole discretion on rehiring. The sale…

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Illinois Appellate Court Affirms New Trial in Wrongful Death Case Against Nursing Home Doctor

The Illinois Appellate Court has affirmed a request for a new trial in the wrongful death case against a nursing home where a doctor failed to recognize and diagnose the symptoms of a pulmonary embolism. The case arose from Mary Sikora’s request for a new trial. She claimed that the…

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Nursing Home Pressure Ulcer Case Reversed and Remanded for New Trial When Court Replaced Holdout Juror

The plaintiff, August Bosman, who was the special administrator of the Estate of Joan Bosman, appealed from the denial of his motion for a new trial. The plaintiff argued that the court was in error in replacing a holdout juror with an alternative juror during jury deliberations. The lawsuit was…

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New Illinois Law Will Allow Electronic Monitoring by a Resident in Their Nursing Home Room

A new Illinois law related to nursing homes went into effect on Jan. 1, 2016. The law states, “A resident shall be permitted to conduct authorized electronic monitoring of the resident’s room through the use of electronic monitoring devices placed in the room pursuant to this act,” Section 10(a). This…

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Illinois Appellate Court Affirms Discovery Orders in Nursing Home Abuse Case and Vacates Order of Contempt

The Illinois Appellate Court for the First District has affirmed in part and vacated in part a decision of the Circuit Court of Cook County. In January 2011, Robert Holman was a resident at a long-term care facility in Chicago called the Renaissance at Midway. On or near Jan. 22,…

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Illinois Appellate Court Find That Health-Care Power of Attorney Authorizes the Agent to Sign Nursing Home’s Arbitration Provision and Thus Patient Can Be Bound by the Agent’s Action

In a nursing home dispute, the Illinois Appellate Court weighed in on an issue of whether a health-care power of attorney holder could bind the nursing home resident to an arbitration provision in order to gain admission to the long-term care facility. In this case, Edward M. Fiala Jr. sued…

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Does Former Lawyer Working on a Contingency Fee Arrangement Who Withdraws from Pending Lawsuit Waive His or Her Attorney Lien?

It happens that lawyers who handle nursing home abuse cases, medical negligence cases, personal injury cases, wrongful death cases, birth injury cases, product liability cases and general injury cases for those who were injured or killed work on a contingency basis with their clients. That means that the client pays…

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Illinois Senate Bill 1912 Amends Code of Civil Procedure to Enforce Settlements in Wrongful Death and Personal Injury Cases

Illinois State Sen. Kwame Raoul, a Democratic from Chicago, has proposed an amendment to the Illinois Code of Civil Procedure in the form of Senate Bill 1912. The purpose of the bill is to create an enforcement mechanism for civil cases that settle, but in which the defendant refuses to comply…

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