Lessons on waiver, appeal of denial to dismiss for lack of personal jurisdiction

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted August 3, 2022 11:01 AM

Cross-border medical malpractice cases involving challenges to personal jurisdiction have arisen recently with a decision from the Illinois Appellate Court, 1st District, Clemens v. Greenberg, 2022 IL App (1st) 201129, being the latest.With one decided in 2020 by the 4th District, Hasbrouck v. Burlington Healthcare, 2020 IL App (4th) 200166-U, and one currently pending before the 5th District, Allen v. Missouri Baptist Medical Center, 5-21-0263, the trend seems to be continuing.In Clemens, the court held that there was no …

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