On May 18, 2023, the Illinois General Assembly passed House Bill 219 (Bill) which, if signed by Governor Pritzker, would allow punitive damages in wrongful death cases. Illinois law does not currently permit punitive damages for recovery, only allowing compensatory damages. Suits against state and local government officials will still be exempt from damages if the legislation passes.Continue Reading Illinois House Bill Imposing Punitive Damages in Wrongful Death Cases Awaits Governor Pritzker’s Action

On November 5, 2021, Cook County’s HIPAA Qualified Protective Order (“QPO”) was considerably reconstructed in light of the Illinois Supreme Court’s decision in Haage v.  Zavala, 2021 IL 125918.  Illinois litigators were alerted of these new changes through a Law Division-issued order, titled General Administrative Order 21-3 (“GAO”), and a corresponding standard QPO.  According to the GAO, to the extent that any previously entered QPO conflicts with the new one, the new QPO controls, and motions to vacate, amend, and/or modify are not required. As explained below, these changes, which affect virtually all Cook County cases involving bodily injuries, will make fact investigation and damages substantiation significantly more difficult for defendants.
Continue Reading Cook County Issues Revised HIPAA Order, Narrowing the Utility of Medical Provider Subpoenas

In a consolidated appeal, the Georgia Court of Appeals recently looked at the proximate cause standard for asbestos cases in Davis v. John Crane. 2019 WL 5558711 (Ga. Ct. App. Oct. 29, 2019). In so doing, the appellate court declined to extend the U.S. Supreme Court’s recent decision in Air and Liquid Systems Corp. v. Devries to cases outside of a maritime tort context. While the Davis Court is not the first to analyze the DeVries decision, it is one of the first to hold that the case is exclusively limited to maritime torts.
Continue Reading Toxic Tort Monitor: Georgia Appellate Court Limits DeVries Application to Maritime Tort Cases