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Category Archives: Blog

Evaluating Insurance Coverage When Policies Are Lost

Mollie N. Werwas

For most businesses and organizations, one of the first calls to make after receiving a new claim or lawsuit is to the insurance carrier or coverage provider.  Insured policy holders rely on their insurers to provide a defense and to mitigate against the financial exposure created by liability claims.  What policy holders may not realize, […]

Preparing Skilled Care Facilities for COVID-19 Litigation

Mollie N. Werwas

While much of the United States is celebrating the lifting of many COVID-19 pandemic restrictions, and returning to a greater sense of normalcy, for nursing homes and long term care facilities, the prospect of COVID-related litigation still looms.   According to the U.S. Government Accountability Office (the “GOA”), as of January, 2021, 94% of U.S. nursing […]

Illinois Prejudgment Interest Act Effective July 1, 2021

On May 28, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill 72 providing for prejudgment interest on all damages in personal injury and wrongful death claims at the rate of six percent (6%) per year. Prior to now, Illinois law did not provide for the award of prejudgment interest in tort actions for […]

Update to Illinois Bill Seeking to Impose Prejudgment Interest in Tort Actions

We previously reported on the Illinois General Assembly’s passage of a prejudgment interest bill that would have imposed interest at a rate of nine percent (9%) per year on all damages in personal injury and wrongful death lawsuits in Illinois. (See February 23, 2021, Blog).  On March 25, 2021, Illinois Governor J.B. Pritzker vetoed House […]

Illinois Court Rules Against Insurer in Consolidated Business Interruption Litigation

On February 22, 2021, an Illinois federal court ruled in favor of policyholders seeking coverage under their insurance policies for their business losses due to the COVID-19. In a consolidated ruling, District Judge Edmond Chang in the Northern District Court of Illinois denied motions to dismiss filed by Society Insurance (“Society”) in three lawsuits related […]

Illinois Bill Seeks to Impose Prejudgment Interest in Tort Actions

Up until now, Illinois law has not provided for prejudgment interest in personal injury or wrongful death tort cases. This may change if House Bill 3360, which was passed by the Illinois General Assembly on January 13, 2021, is not vetoed by Governor J.B. Pritzker. The Bill amends the State’s judgment interest statute and adds […]

Rulings in Business Interruption Litigation During the COVID-19 Pandemic

With the onset of the coronavirus pandemic and the various statewide “shelter-in-place” orders issued across the nation, many businesses have been faced with restricted operations due to social distancing concerns, resulting in reduced business volume or sometimes even total closure. Many of these businesses sought relief from their insurers for loss of revenue and other […]

New Title IX Rules and Regulations

On May 6, 2020, the Office for Civil Rights of the U.S. Department of Education released its Final Rule under Title IX of the Education Amendments of 1972 (“Title IX”). Title IX is a federal law that protects all persons in the United States from being denied equal access to education on the basis of […]

HIPAA Rules and Disclosures During the COVID-19 Public Health Emergency

In response to the COVID-19 pandemic, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) announced that it will exercise its enforcement discretion and will waive potential penalties for HIPAA violations against healthcare providers that serve patients through remote communications technologies, such as FaceTime, Zoom, and Skype, during the […]

Illinois Appellate Court Allows Plaintiff to Pursue Aggressive Approach to Legal Fees and Costs Under the Nursing Home Care Act in Recent Decision

Under the Nursing Home Care Act, a successful plaintiff is typically allowed to recover their attorney fees. Prior to the recent Appellate Court opinion in Grauer v. Clare Oaks, a court typically granted attorney fees under the Lodestar Method. Under this method, reasonable fees are calculated by multiplying the number of hours reasonably spent by […]