Developments in ‘timely’ filing, COVID-19 coverage, arbitration

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP representing defendants in civil matters. He is secretary/treasurer of the Illinois Defense Counsel and co-host of the Podium and Panel podcast. The views expressed here are solely his own.

Posted January 25, 2024 11:18 AM

There were three developments on important issues last week which have previously been discussed in this space: Illinois Supreme Court Rule 9(d)(2), insurance coverage for COVID-19 business interruption claims and enforcement of arbitration clauses.On Rule 9(d)(2), discussed in the space on Nov. 30, 2023, the Illinois Supreme Court decided, without oral argument, in Waukegan Hospitality Group, LLC v. Stretch’s Sports Bar & Grill Corporation¸ 2024 IL 129277, that there was no jurisdiction over the appeal “where …

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Defendants attack assignment as champertous

When one of the plaintiffs in an antitrust case against turkey processors assigned its claim to a third party, the defendants argued the transfer was invalid as “champertous” under Illinois law. But U.S. District Judge Virginia M. Kendall of the Northern District decided “federal common law” should provide the answer.
By Steven P. Garmisa
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.
By Steven P. Garmisa
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

Two of Allergan’s former sales representatives accused the pharmaceutical manufacturer of violating the False Claims Act and Anti-Kickback Statute by using a “speaker program” to give physicians illegal payments for prescribing two of its medications — Linzess and Viberzi — but the company insisted the complaint was defective because it didn’t “identify a specific patient to whom a doctor allegedly prescribed Linzess or Viberzi in exchange for a kickback.”
By Steven P. Garmisa
Estate plans should account for effective disposition of real estate

There is a huge drop in the number of people who are drafting their estate plans since the end of the COVID-19 pandemic. According to USA Today, only 32% of adults acknowledge that they have an up-to-date estate plan.
By Erica Minchella
LinkedIn branding for lawyers: 5 easy, effective posting options

When I started using LinkedIn back in 2007, I knew it would become the huge success story that everyone now knows it to be today.
By Steve Fretzin
Court mulls over contract with survival clause

With no local precedent on the effect of a “survival clause” on the representations and warranties in an asset purchase agreement, the Wisconsin Court of Appeals looked to scholarly commentary and decisions from other jurisdictions when deciding whether the seller was entitled to judgment on the pleadings.
By Steven P. Garmisa
Judge offers guidance for avoiding federal ‘trap’ in med-mal case

Joining a decision from the 6th U.S. Circuit Court of Appeals that affirmed a judgment against two “unwary litigants” who were blindsided by “surprise hurdles” created by a combined operation of the Federally Supported Health Centers Assistance Act and the Federal Tort Claims Act, Circuit Judge Amul Thapar wrote separately “to explain how litigants can avoid these traps and preserve meritorious claims.”
By Steven P. Garmisa