Docket conditions expose issues with trial bill even if amended

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 Illinois Defense 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 April 27, 2023 11:05 AM

As discussed in this space on March 16, SB 1748 is a bill sponsored by the Illinois Trial Lawyers Association that’s intended to give a statutory speedy trial right, as opposed to the current trial setting preference, to certain classes of civil plaintiffs. If passed, the bill would amend 735 ILCS 5/2-1007.1 and grant this right to plaintiffs older than 67 and wrongful death plaintiffs, irrespective of age, who can show “substantial physical or financial hardship.”Naturally, the bill also unconstitutionally combines this …

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Another judge rejects 7th Circuit case on standing

Seven weeks after a district judge in New York rejected the 7th U.S. Circuit Court of Appeal’s approach to standing for breach-of-contract claims under Article III of the U.S. Constitution, a judge in the District of Columbia added his thoughts on why Dinerstein v. Google, 73 F.4th 502 (7th Cir. 2023), is wrong.
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Developments in med-mal law may signal change to health care

There is a great deal of attention paid to medical malpractice litigation and rightfully so because those cases are likely the most complex civil tort litigation with some of the highest stakes in terms of injury, emotion and damages.
By Patrick Eckler
Judge rejects ‘specific patient rule’ in case over false claims, kickbacks

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Judge offers guidance for avoiding federal ‘trap’ in med-mal case

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Opinions shed light on how justices view shadow docket

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