THE
DOCKET The Official Publication of the Lake County Bar Association • Vol. 28 No. 3 • March 2021
Think Spring!
Contents THE DOCKET • Vol. 28, No. 3 • March 2021
FEATURES 14 Embracing the New Normal: The Safe and Socially Distanced Jury BY TERRY MUELLER
16 The ABC’s of Arterial Blood Clot Litigation
A publication of the
BY MICHAEL M. VIGLIONE
22 Citing Rule 23 Orders BY MICHAEL M. VIGLIONE
300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Stephen J. Rice Neal A. Simon Hon. James K. Simonian Rebecca J. Whitcombe Alex Zagor
Nancy Rodriguez Receptionist
1/8 Page 1/4 Page 1/2 Page Full Page Inside Front or Inside Back Cover
Back Cover
ONE ISSUE
6 ISSUES
BY PATRICIA L. CORNELL, PRESIDENT
4 The Chief Judge’s Page 19th Judicial Circuit Court Update BY CHIEF JUDGE DIANE WINTER
6 Bar Foundation Happy St. Patrick’s Day (Sans Parade) BY NICHOLAS A. RIEWER, PRESIDENT
BY KATHARINE S. HATCH, SECRETARY
LCBA EVENTS IFC Volunteers Wanted! 5 Grapevine 5 New LCBA Members 7 Real Estate Annual Seminar 20 Calendar of Events 21 Family Law Annual Seminar 25 Golf Outing 29 Criminal Law Seminar 31 Lawyer Referral Service 32 Trust & Estates Seminar 33 Food Drive 35 2020 LCBA Office Rental Pricing 36 Monthly Committee Meetings BC Member Reception
8 Monthly Case Report
STAFF Jose Gonzalez Membership Coordinator
AD SIZE
COLUMNS 2 President’s Page Honoring Kathleen Curtin
30 Foundation & Committee Minutes 22 The Meeting Minutes December 21, 2021
12 ISSUES
$85 $80 $75 $145 $135 $125 $195 $185 $175 $325 $295 $275 $650 per issue $800 per issue
Classified Advertising
Standard $1.75 per word (Rate for LCBA Members) Text $2.75 per word (Rate for Non-Members) Bold $3.50 per word (Rate for LCBA Members) Text $4.50 per word (Rate for Non-Members) Classified Advertisement may contain as many words, numbers, symbols and boldface type.
Advertising Rates To place an ad or for information on advertising rates, call (847) 244-3143. Submission deadline: first day of month preceding the month of publication. All submissions must be made in electronic format (high resolution PDF or JPG format at a resolution of 300 pixels per inch or more.) See www.lakebar.org/page/Docket_Advertising The Docket is the official publication of the Lake County Bar Association, 300 Grand Avenue, Suite A, Waukegan, Illinois 60085 (847) 2443143, and is published monthly. Subscriptions for non-members are $45.00 per year.
Reproduction in whole or part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not necessarily those of the Association or its members. All submitted manuscripts are considered by the Editorial Board. All letters to the editor and articles are subject to editing. Publications of advertisements is not to be considered as an endorsement of any product or service advertised unless otherwise stated.
Honoring Kathleen Curtin
I
am aware that most would likely write an article like this in November—I mean, that is the month when most people reflect on being thankful. Strictly from a Lake County Bar Association perspective, I have found myself thankful for all the directors and the employees all day, every day. As you know, the Lake County Bar Association
Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine Hatch Secretary Stephen J. Rice Immediate Past President David Del Re Thomas Pasquesi Dwayne Douglas Daniel Hodgkinson Hon. Jacquelyn Melius Craig Mandell
2
The Docket
has been operating since January 1, 2021, without an Executive Director. This has required a lot of people to take on additional responsibilities and for all of us to have additional patience. Jose has been acting as Executive Director and, at the same time, training our new receptionist, Nancy. We are indebted to Jose for his continued dedication, now in its sixth year. If you happen to contact the LCBA soon, please introduce yourself to Nancy, and thank both Nancy and Jose. Jose, thank you from the bottom of my heart. I was also informed in January that Kathleen Curtin, our current Treasurer, will not be remaining in that position. My heart sank. Kathleen Curtin took over the Treasurer position two years ago. Kathleen obtained her MBA from Long Island University and her bachelor’s degree in chemistry from Fairleigh Dickinson University. She was the perfect fit for Treasurer, bringing to the position almost three decades of corporate experience. She previously worked at a
The
President’s Page
chemical manufacturing company and, not surprisingly, climbed the ladder to become the top global quality officer. You see, a global quality officer’s goal is to ensure that the company provides the highest quality service possible while following all regulations. Kathleen then attended law school at DePaul University College of Law and began volunteering as a lawyer, ultimately landing here in Lake County and developing a practice in the qualified domestic relations order arena. Kathleen’s dedication and volunteering are not new. She has received numerous awards over the years, and you have likely attended one of the award ceremonies or seen her in a publication. She received the Cali Award for Excellence in Legal Drafting, Family Law, Criminal Procedure and Senior Sem-
BY PATRICIA L. CORNELL PRESIDENT inar; the 2009 Volunteer Lawyers Program Award; the 2011 Wayne B. Flanigan Award; the 2015 Scott C. Solberg Award (The Legal Aid Society’s Equal Access to Justice Award); and the 2016 Pro Bono Alumni Award from DePaul University’s College of Law. Kathleen’s wealth of knowledge and sense for order made her invaluable to the Lake County Bar Association. She developed review forms for the employees and a review process; developed a treasurer’s guide for our future treasurers; created policies; jumped into the budgeting process and basically worked on it most of the year; provided advice on working with others; worked with our accountants; and has been doing ALL of the financial reports we need for our board meetings, while we have been without an Executive
Director. This DOES NOT include all the lunches she has bought for the Lake County Bar Association’s employees or the time she was taken away from her family to talk down the annoying LCBA President! Kathleen’s contributions and commitment have far exceeded our expectations. We are forever grateful to Kathleen and will miss her laugh, her kindness, and her commonsense approach to all board matters. She is not just a model Lake County Bar Association member but a model human being. I will have succeeded in life if I am able to absorb just ten percent of what Kathleen had to offer in the few years that I have been lucky to work with her at the Lake County Bar Association. All of this is why I
will be giving Kathleen the Lake County Bar Association Service to the Bar Award. If you do not recognize this award, that is because it hasn’t been given since 2011, and the first recipient was Bernard Wysocki. Typically, I would make this award at a President’s Dinner, but— surprise!—the current circumstances of our world and my Presidency will preclude an upcoming President’s Dinner. My hope is that we will have a virtual ceremony and Kathleen will receive the award at that time. Please congratulate Kathleen. On the topic of awards, please keep an eye out for a request from the Lake County Bar Association for nominations for the Gideon’s Award and the Justice Robert H. Jackson
Award. These awards will be given at our annual meeting, which will be conducted over Zoom during the lunch hour on March 23, 2021. Nominations for those awards are due March 5, 2021. The following is the description for Gideon’s Award: “A public defender or former public defender whose efforts embody the core values of the Public Defender Movement in the United States and the County of Lake. This award recognizes an attorney whose contributions to the cause of indigent criminal defense (either in service of a single client or through a more general course of conduct rising above and beyond the general requirements of the job) stand as an example of the selfless dedication to social justice
personified by the words of Clarence Earl Gideon: ‘Each era finds an improvement in law for the benefit of mankind.’” The description for the Justice Robert H. Jackson Award is as follows: “A prosecutor who has distinguished himself or herself in public service and whose commitment to justice and serving the communities where he or she lives or works is particularly praiseworthy. The nomination should address the individual’s outstanding characteristics, prosecution history, work with the public, and his or her contributions to the quality of prosecution and the image of prosecutors.” Please take a moment and think about nominating someone for one of these awards. Thank you!
a
March 2021
3
19th Judicial Circuit Court Update
I
n February, the Nineteenth Judicial Circuit celebrated the first graduation from Drug Court since the pandem-
ic began. Lake County’s specialty court programs were amongst the first in the state to re-connect with their clients using
Back: Probation Officer Lindsay Gore, Haymarket Center Recovery Coach Craig Anderson, Public Defender Joy Gossman, Haymarket Center Recovery Coach Bill Nee, Judge Paul Novak, Asst. State’s Attorney Michael Ori; Front: Assistant Public Defender Moira Mercure, Sharon Peddicord from the Lake County Health Department, Chief Judge Diane Winter, Circuit Judge Christen Bishop, Adult Probation Unit Manager Frank Morelli; Floor: Hitch
4
The Docket
The
Chief Judge’s Page the Zoom platform. The Therapeutic Intensive Monitoring (TIM) unit of Probation went above and beyond to interact with clients to combat the isolation resulting from the stay-at-home order while at the same time holding their clients accountable. The importance of the commitment and impact of the Drug Court team was recognized by Judge Bishop when she applauded the efforts of former Drug Court partner, Circuit Judge Christopher R. Stride, new Drug Court partner, Paul B. Novak, former Lake County State’s Attorney and newly appointed Circuit Judge Michael G. Nerheim, along with members of the Lake County Adult Probation Department, the Lake County State’s Attorney’s Office (including Hitch, the TIM Court Labrador Retriever), the Lake County Public Defender’s Office,
BY CHIEF JUDGE DIANE WINTER the Lake County Health Department, public officials, law enforcement officers, former program participants, volunteers, mentors, and treatment centers. The result was three very grateful graduates with clean time of 911 days, 821 days, and 770 days. The Nineteenth Ju-
dicial Circuit’s Specialty Courts are presided over by Circuit Judge Christen L. Bishop. She reminded the graduation attendees that in 2005, Lake County officials recognized a substantial number of high-risk, addicted felons engaging in a continued pattern of criminal behavior as a result of a system that was not working and had become a revolving door at the Department of Corrections. Defendants were neither getting help with their addictions nor the other issues going on in their lives. So, the cycle of abuse, offense, and prison continued. Drug Court promotes community safety by reducing the substance abuse and recidivism of our highrisk substance use disordered offenders through a coordinated program that includes treatment, intense supervision, and judicial interaction. In congratulating the graduates, Judge Bishop noted that “the requirements needed to
complete this program are tough—this is not the easy way; the easy way is to accept a sentence to the Department of Corrections. TIM Courts are the hard road, and the three of you succeeded in this part of the journey.” The program ended with three successful Drug Court probations terminated and cases closed. March will see jury trials resume in Lake County. Like many of the collar counties, Lake County will cautiously resume jury trials effective March 1, 2021. The Jury Trial Task Force, chaired by Judge Mitchell Hoffman and Judge Victoria Rossetti, determined that the positivity rates in the county had reached levels low enough that jurors could safely serve on a jury trial. All of the limitations and precautions that were in place before the November pause in jury trials will be reinstated, and the procedures outlined in AO 20-45 will still be in effect. The Jury Task Force
nizations, their communities and the nonprofit sector as a whole.” _________
The
Grapevine
Jennifer Luczkowiak of Prairie State Legal Services was one of 36 nonprofit leaders throughout the nation chosen for the Allstate Foundation Executive Leadership Program Class of 2021. This program is in partnership with the Northwestern University Kellogg School of Management’s Center for Nonprofit Management and seeks to equip nonprofit leaders with 10-20
will also determine the order and the priority of the cases that are held for trial. Criminal cases will have priority over civil cases. In-custody defendants will have priority over those at liberty. The factors to be used in prioritizing cases for trial include, but are not limited to: the nature of the charge; the custodial status of the defendant; whether a speedy trial demand has been made by the defendant; the age of the pending case; the projected length of the trial; issues at trial; the type of evidence; the number of witnesses; and special considerations based upon witness issues (limited availability, travel plans, etc.). Civil cases will use the factors that apply to those cases as well. The Drug Court graduation and the resumption of jury trials are indications that the Nineteenth Judicial Circuit is slowly getting back to “normal,” and that feels great. Happy St. Paddy’s Day!
Hon. Michael Betar has been appointed to the Illinois Supreme Court’s COVID-19 Task Force Evictions Committee.
Contact the LCBA office for pricing. 847-244-3143
Welcome
New LCBA Members ATTORNEY Jaclyn Wilcox Salvi, Schostok & Pritchard P.C. Arseniy Lemberg Attorney at Law
Jacqueline McClellan Attorney Sally McClellan, Ltd Andres Almendarez Cook County State’s Attorney’s Office PROFESSIONAL Verra Rudolfi
provided the highest caliber of compassionate legal representation and outstanding service to Illinois’ vulnerable and low-income population.” Also, on December 10, Megan and her husband, Patrick, welcomed their third child, Fiona Carol, to their family!
_________
years of experience “to further transform their orga-
Megan Brady of Prairie State Legal Services was awarded the 2020 Joseph R. Bartylak Memorial Legal Services Award given by the ISBA “to annually honor the extraordinary commitment and dedication of civil legal services attorneys who have
March 2021
5
Happy St. Patrick’s Day (Sans Parade)
T
he annual Chicago St. Patrick’s Day parade has been canceled for the second BOARD OF TRUSTEES Nicholas A. Riewer President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Jeffrey A. Berman Immediate Past President Jennifer L. Ashley Nandia P. Black Douglas S. Dorando Kristie Fingerhut Hon. Fred Foreman (Ret.) Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Joseph McHugh Joseph Morrison Michael G. Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)
6
The Docket
year in a row due to the coronavirus. Cut a hole in your mask so you can safely drink your green beer through a straw and party responsibly. What is the history of St. Patrick’s Day and who was Saint Patrick? St. Patrick’s Day is celebrated annually on March 17, which is the anniversary of Saint Patrick’s death sometime in the fifth century. On St. Patrick’s Day, which falls during a Christian season of Lent, Irish families would traditionally attend church in the morning and celebrate in the afternoon. Lenten prohibition against the consumption of meat was waived and people would dance, drink and feast on the traditional meal of Irish bacon and cabbage. Saint Patrick is the patron saint of Ireland and its national apostle. Born in Roman Britain (he’s not even Irish), he was
BY NICHOLAS A. RIEWER PRESIDENT kidnapped and brought to Ireland as a slave at the age of 16. He later escaped but returned to Ireland and was credited with bringing Christianity to its people. In the centuries following Saint Patrick’s death, the mythology surrounding his life became even more ingrained in the Irish culture. Perhaps the most well-known legend of Saint Patrick is that he explained the Holy Trinity (Father, Son and Holy Spirit) using the three leaves of a native Irish clover, the shamrock. Another bit of folklore tells of Saint Patrick vanquished all of the snakes from Ireland. Interestingly enough though, history indicates that there were never actually any snakes on the island to begin with. Since around the ninth
or tenth century, people in Ireland have been observing the Roman Catholic feast day of St. Patrick’s on March 17. The first St. Patrick’s Day parade took place not in Ireland but in America. Records show that a St. Patrick’s Day parade was held on March 17, 1601, in a Spanish colony, in what is now Saint Augustine, Florida. More than a century later, homesick Irish soldiers serving in the English military marched in New York City on March 17, 1762, to honor the Irish patron saint. Enthusiasm for the St. Patrick’s Day parades in New York City, Boston, Chicago and other early American cities only grew from there. Up until the mid-19th century, most Irish immigrants in America were members of the protestant middle class. When the
great potato famine hit Ireland in 1845, close to 1 million poor and uneducated Irish Catholics began pouring into America to escape starvation. The American Irish soon began to realize, however, that their large and growing numbers endowed them with a political power that had yet to be exploited. They started to organize, and their voting block, known as the “green machine,” became an important swing vote for political hopefuls. Suddenly, annual St. Patrick’s Day parades became a
show of strength for Irish Americans, as well as a must-attended event for a slew of political candidates. This certainly brings back memories of Mayor Richard Daley. As Irish immigrants spread out over the United States, some cities developed their own traditions. One of these is Chicago’s annual dyeing of the Chicago River green. The practice started in 1962, when city pollution control workers used dyes to trace illegal sewage discharges and realized that the green dye might
provide a unique way to celebrate the holiday. That year they released 100 pounds of green vegetable dye into the river, enough to keep it green for a week. Today, in order to minimize environmental damage, only 40 pounds of dye are used, and the river turns green only for several hours. Another icon of the Irish Holiday is the leprechaun. The original Irish name for these figures of folklore is “lobaircin,” meaning small-bodied fellows. Belief in leprechauns probably stems
from Celtics’ belief in fairies, tiny men and women who could use their magical power to serve good or evil. In Celtic folklore, leprechauns were cranky souls, responsible for mending the shoes of the other fairies. Leprechauns were also known for their trickery, which was often used to protect their much-fabled treasure. If you knew all of this history, please disregard everything you have just read. If not, I hope you learned a little something and have a safe and happy St. Patrick’s Day.
March 2021
7
January 2021
Monthly Case Report
Editor’s Note: Monthly Case Report is provided by 19th Judicial Circuit Law Librarian, Emanuel Zoberman
Illinois Supreme Court – Civil Jones v. Pneumo Abex LLC 2019 IL 123895 Background: Construction worker who allegedly contracted lung cancer as a result of exposure to asbestoscontaining brakes and insulation during his career and when repairing his vehicles brought civil conspiracy and negligence claims against, among others, manufacturer of asbestos-containing brake linings and manufacturer of asbestos-containing insulation. The Circuit Court, Richland County, William C. Hudson, J., awarded summary judgment to manufacturers as to the civil conspiracy claims. Construction worker appealed, and the Appellate Court, Goldenhersh, J., 424 Ill.Dec. 818, 109 N.E.3d 932, reversed and remanded. Manufacturers filed petitions for leave to appeal, which were granted, and the appeals were consolidated. Holding: The Supreme Court, Karmeier, C.J., held that prior precedents concluding that manufacturers could not be held liable as a matter of law for civil conspiracy were not distinguishable on the ground that the claims in the prior cases were resolved by motion for judgment notwithstanding the verdict (JNOV). Reversed and remanded. Kilbride, J., filed dissenting opinion. _______________________________________________ Andrews v. Metropolitan Water Reclamation District of Greater Chicago 2019 IL 124283 Background: Wife of contractor’s employee, individually and as his plenary guardian, brought action against water reclamation district which owned construction project at which employee suffered an accident, alleging willful and wanton construction negligence and loss of consortium for willful and wanton construction negligence. The Circuit Court, Cook County, William E. Gomolinski, J., dismissed willful and wanton supervision claims and entered summary judgment for district on remaining claims based on immunity under Local Governmental and Governmental Employees Tort Immunity Act. Wife appealed. The Appellate Court, Griffin, J., 2018 WL 5809870, reversed and remanded. Water reclamation district’s petition for leave to appeal summary judgment was granted.
8
The Docket
Holdings: The Supreme Court, Burke, J., held that: 1 water reclamation district was not entitled to discretionary immunity, and 2 a municipal defendant asserting discretionary immunity must present evidence of a conscious decision by its employee pertaining to the conduct alleged to have caused the plaintiff’s injuries, overruling Cabrera v. ESI Consultants, Ltd., 397 Ill.Dec. 306, 41 N.E.3d 957. Affirmed. Karmeier, C.J., filed dissenting opinion in which Garman, J., joined. _______________________________________________ Iwan Ries & Co. v. City of Chicago 2019 IL 124469 Background: Tobacco industry entities brought action against city for declaratory and injunctive relief, alleging city’s tax on certain tobacco products was preempted by state law. The Circuit Court, Cook County, Ann Collins-Dole, J., granted summary judgment to industry entities. City appeal, and the Appellate Court, 428 Ill.Dec. 779, 123 N.E.3d 508, reversed. Industry entities filed petition for leave to appeal, which was granted. Holding: The Supreme Court, Kilbride, J., held that statute permitting home rule taxes on sales of cigarettes and other tobacco products, but stating that a home rule municipality that had not imposed a tax based on the number of units of cigarettes or tobacco products before specified date “shall not impose such a tax after that date,” allows only those municipal taxes on cigarettes or other tobacco products enacted prior to specified date, rather than grandfathering in certain municipalities which previous imposed any of a broad category of taxes on any product containing tobacco. Appellate court judgment reversed; circuit court judgment affirmed. Theis, J., filed dissenting opinion. _______________________________________________ Ward v. Decatur Memorial Hospital 2019 IL 123937 Background: After voluntary dismissal of prior action brought by deceased patient’s brother against hospital
and others, brother refiled action against hospital asserting a survival claim and a wrongful death claim under a theory of respondent superior. The Circuit Court, Macon County, No. 16L51, Thomas E. Little, J., denied hospital’s motion for summary judgment based on res judicata and then, on reconsideration, granted the motion. Brother appealed, and the Appellate Court, Cavanagh, J., 424 Ill. Dec. 269, 107 N.E.3d 988, reversed and remanded. Hospital filed petition for leave to appeal, which was allowed. Holding: The Supreme Court, Theis, J., held that trial court’s orders in the prior action involuntarily dismissing various counts without prejudice and with leave to appeal were not final decisions on the merits and, thus, had no res judicata effect, overruling Kiefer v. Rust-Oleum Corp., 394 Ill. App. 3d 485, 333 Ill.Dec. 903, 916 N.E.2d 22. Appellate Court judgment affirmed, Circuit Court judgment reversed, and cause remanded. Karmeier, C.J., filed specially concurring opinion in which Thomas and Neville, JJ., joined. _______________________________________________ LMP Services, Inc. v. City of Chicago 2019 IL 123123 Background: Food truck operator filed lawsuit seeking both declaratory and injunctive relief against two sections of city ordinance, pertaining to the operation of mobile food vehicles within city. The Circuit Court, Cook County, No. 12 Ch 41235, Helen A. Demacopoulos, J., entered summary judgment for city. Operator appealed, and the Appellate Court affirmed, 95 N.E.3d 1259, 420 Ill.Dec. 163. The Supreme Court granted operator’s petition for leave to appeal. Holdings: The Supreme Court, Burke, J., held that: 1 ordinance providing that no operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer restaurant entrance did not violate food truck operator’s substantive due process rights, and 2 ordinance requiring food truck owners to permanently install on their vehicles a global positioning system (GPS) device that transmits location information to a GPS service was reasonable and thus did not violate Illinois constitution, even assuming requirement was a search.
medical care provider for inmates at correctional center and estate of former inmate who died of cancer under Freedom of Information Act (FOIA). The Circuit Court, Sangamon County, Brian T. Otwell, J., allowed provider to intervene in lawsuit, denied summary judgment for journalist and newspaper, and granted summary judgment for provider. Journalist and newspaper appealed. The Appellate Court, 429 Ill.Dec. 112, 123 N.E.3d 1171, reversed and remanded. Provider filed petition for leave to appeal, which was allowed. Holding: The Supreme Court, Thomas, J., held that settlement agreement was directly related to governmental function that provider performed for Department and, thus, was public record under FOIA. Judgment of Appellate Court affirmed; judgment of circuit court reversed; remanded. Theis, J., dissented with opinion.
SAVE THE DATE! REAL ESTATE ANNUAL SEMINAR
MARCH 10 9:00 A.M - 4:30 P.M. VIA ZOOM
6 CLE CREDIT HOURS* $75 FOR LCBA MEMBERS $150 FOR NON-MEMBERS *MCLE APPROVAL PENDING
Affirmed. _______________________________________________ Rushton v. Department of Corrections 2019 IL 124552 Background: Journalist and newspaper brought action against Department of Corrections seeking unredacted copy of settlement agreement between contracted
LOOK FOR MORE INFORMATION IN THE WEEKLY E-NEWS.
Nichols v. Fahrenkamp 2019 IL 123990 Background: Client brought action against attorney, who was appointed as her guardian ad litem, for legal malpractice for failing to protect her interests following her mother’s dissipation of settlement proceeds obtained from injuries sustained in motor vehicle accident. The Circuit Court, Madison County, Barbara L. Crowder, J., granted attorney’s motion for summary judgment. Client appealed. The Appellate Court, Cates, J., 113 N.E.3d 1183, reversed and remanded. Attorney appealed. Holdings: The Supreme Court, Garman, J., held that: 1 as matter of first impression, attorney’s role as guardian ad litem corresponded to use of that phrase in Marriage and Dissolution of Marriage Act, and thus, quasi-judicial immunity protected attorney from civil liability, and 2 as matter of first impression, guardian’s ad litem who submit recommendations to court on child’s best interests are protected by quasi-judicial immunity. Reversed. _______________________________________________
Illinois Supreme Court – Criminal People v. Johnson 2019 IL 123318 Background: Defendant was convicted in the Circuit Court, Whiteside County, John L. Hauptman, J., of burglary, and he appealed. The Appellate Court, 419 Ill.Dec. 751, 94 N.E.3d 289, reversed for insufficiency of evidence that defendant entered department store “without authority.” State’s petition for leave to appeal was allowed. Holding: The Supreme Court, Thomas, J., held that evidence supported finding defendant entered department store “without authority,” as required to support conviction for burglary. Judgment of Appellate Court reversed; judgment of Circuit Court reinstated; remanded. Theis, J., filed dissenting opinion in which Neville, J., joined. _______________________________________________ People v. Eubanks 2019 IL 123525 Background: Defendant was convicted in the Circuit Court, Cook County, Timothy Joseph Joyce, J., of first-degree murder in connection with the hit-and-run death of pedestrian, failure to report motor vehicle accident involving death or injury, and aggravated driving under influence
10 The Docket
(DUI). Defendant appealed. The Appellate Court, 429 Ill. Dec. 467, 124 N.E.3d 977, reversed conviction for murder and remanded for new trial on that charge, reduced conviction for failure to report from class 1 to class 4 felony, and declared statute authorizing warrantless blood or urine draws in DUI cases unconstitutional on its face. State’s petition for leave to appeal was allowed. Holdings: The Supreme Court, Thomas, J., held that: 1 statute authorizing compelled blood or urine draw in case where police officer had probable cause to believe that defendant had committed DUI causing death or personal injury to another did not violate Fourth Amendment on its face; 2 statute violated Fourth Amendment as applied to defendant; 3 trial court abused its discretion when it refused defendant’s request for instruction on reckless homicide, as lesser included offense of first-degree murder; and 4 evidence supported conviction for failure to report motor vehicle accident resulting in death or personal injury to another. Judgment of Appellate Court affirmed in part and reversed in part. Judgment of Circuit Court affirmed in part and reversed in part. Remanded. Burke, J., specially concurred, with opinion. _______________________________________________ People v. Morger 2019 IL 123643 Background: Defendant was convicted in the Circuit Court, McLean County, Scott D. Drazewski, J., of criminal sexual abuse and aggravated criminal sexual abuse. Defendant appealed. The Appellate Court, 59 N.E.3d 219, affirmed convictions, vacated sentence, and remanded. On remand, the Circuit Court resentenced defendant to same term of probation and imposed various conditions of probation, and then denied defendant’s motion to reconsider sentence. Defendant appealed. The Appellate Court, 103 N.E.3d 602, affirmed. Defendant’s petition for leave to appeal was allowed. Holdings: The Supreme Court, Karmeier, C.J., held that: 1 challenge to condition of probation that imposed complete ban against defendant’s use of social media came within public interest exception to mootness doctrine. 2 statutory condition of probation imposing ban against defendant’s use of social media websites did not permit probation officer to temporarily lift or modify condition in his or her discretion; and 3 statutory condition of probation was facially overbroad.
We’ve got you covered. ISBA Mutual insures more small firms in Illinois than any other insurance company.
Same-day Service Risk Management Consultations
Answers questions and helps guide you through the process
Online CLE
Sponsored with the Illinois State Bar Association
No interest or fees for quarterly or monthly payments
Call us at (312) 379-2000 or visit us online at ISBAMUTUAL.COM/APPLY.
(312) 379-2000 | ISBAMUTUAL.COM
March 2021
11
Judgment of Appellate Court affirmed in part and vacated in part; judgment of Circuit Court affirmed in part and vacated in part. _______________________________________________
Illinois Second Appellate – Civil Avery v. GRI Fox Run, LLC 2020 IL App (2d) 190382 Background: Homeowners brought action against strip mall owner and grocery store for violation of noise ordinances and nuisance. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted owner’s and grocery store’s motions to dismiss with prejudice and denied homeowners’ motion to amend pleading. Homeowners appealed. Holdings: The Appellate Court, Jorgensen, J., held that: 1 homeowners adequately pled claim for violation of noise ordinances. 2 homeowners adequately pled claim for private nuisance. 3 alleged nuisance from grocery store’s noise, air, and light pollution was temporary rather than permanent. 4 homeowners were precluded from recovering damages for diminution in market value of their property; and 5 economic-loss doctrine did not preclude recovery of damages for inconvenience, health issues, annoyance, discomfort, or inability to fully enjoy the property. Reversed and remanded. _______________________________________________ In re T.M.H. 2019 IL App (2d) 190614 Background: After father’s parenting time was reserved in light of his incarceration, mother and stepfather petitioned for related adoption of child. Father petitioned
to reinstate parenting time, and mother and stepfather moved in parentage case to consolidate parentage and adoption matters and transfer them to adoption trial court. Parentage court denied motion and appointed guardian ad litem. Father filed motion to stay adoption proceeding, and mother and stepfather filed motion to stay parentage proceeding, or in the alternative, a verified petition to enjoin visitation. The Circuit Court, DuPage County, Robert G. Gibson, J., found that cases should be heard together and, following hearing, entered preliminary injunction and scheduled trial on adoption petition. Father appealed. Holdings: The Appellate Court, Hudson, J., held that: 1 trial court was not required to enter temporary restraining order before issuing preliminary injunction; 2 trial court was not required to hold evidentiary hearing before issuing preliminary injunction; 3 entry of preliminary injunction was in child’s best interests. 4 trial court was not required to make findings pursuant to Marriage and Dissolution of Marriage Act; and 5 preliminary injunction did not unfairly prejudice father. Affirmed. _______________________________________________
Illinois Second Appellate – Criminal People v. Conley 2020 IL App (2d) 180953 Background: Petitioner was adjudicated a sexually dangerous person under the Sexually Dangerous Persons Act and committed to the Department of Corrections under the guardianship of its Director. Petitioner filed a petition seeking judicial review of his treatment on the ground that it was constitutionally inadequate and not designed to effectuate his treatment. The Circuit Court, Lee County, Charles T. Beckman, J., granted the Director’s motions to dismiss the petition both for failing to state a claim and for failing to exhaust administrative remedies. Petitioner appealed. Holdings: The Appellate Court, Hutchinson, J., held that: 1 petitioner established colorable claim that his treatment was constitutionally inadequate and thus his claim was not subject to dismissal for failure to state a claim, and 2 petitioner’s failure to exhaust his administrative remedies provided sound basis for dismissal of his complaint. Affirmed.
12
The Docket
The Odds are Good…
You Have a Client With a Gambling Problem
Free gambling evaluations Free gambling counseling Free workshops on “gambling and crime” for law offices Contact us now to refer a client or to set up a workshop. 847-201-7099
gamblingservices@nicasa.org
March 2021
13
Embracing the New Normal: The Safe and Socially Distanced Jury
J
BY TERRY MUELLER
ury trials serve to preserve freedom, democracy, and justice. Indeed, our founding fathers believed that the right to a jury trial was so important that it was included in the Bill of Rights. The impact of COVID-19 on the ability of courts to administer jury trials cannot be overstated. The pandemic is limiting the availability of witnesses, attorneys and the many people who are required to make our jury process function. Consequently, most jury trials, including those reassure the general public that appropriate precauin Lake County, have been put on hold. In response, tions have been taken to minimize the risk of serving the 19th Judicial Circuit created a Jury Task Force (the on a jury. “Task Force”) to develop an initiative to safeguard due process, while NEW PRECAUTIONS Terry A. also prioritizing the safety of jurors, The Lake County Health DeMueller is attorneys, court staff, and the public. partment contributed knowledge, an attorney with the That initiative is called the “Serving expertise and recommendations to Law Offices Safely Plan.” the Task Force not only about the of Steven The Serving Safely Plan is a spread of the coronavirus, but also Lihosit. He collaborative effort, receiving input how to modify courthouse facilities concenfrom judges, the Lake County Bar Asto accommodate jurors during all trates his practice in sociation, court administrators, the phases of their service. Taking those civil litigaLake County Sherriff ’s Department, recommendations to heart, the Task tion with County Communications and, most Force members, tape measure in a focus on importantly, the Lake County Health hand, actually went into the courtnegligence and personal injury casDepartment. Its goal is to protect the rooms to calculate dimensions for es. Mr. Mueller has 25+ years of trial experience and over 100 jury trials. health of everyone involved during a spatial requirements. Based on He is a former Assistant Public jury trial. A major component to the current Centers for Disease Control Defender in DuPage County. Plan’s success is public messaging to guidelines, the Task Force deter-
14
The Docket
mined that the interior courtrooms in the main courthouse can accommodate a six-person jury. Should a litigant insist on a 12-person jury, however, alternative arrangements can be made to conduct the trial using a criminal courtroom in the new Criminal Tower, or at the Park City branch courthouse. The public will be able to observe the full jury trial as the proceedings will be broadcast through an internet live stream. For jury service under the Serving Safely Plan, potential Jurors enter the courthouse and are directed towards the Jury Assembly room. Before entering, each juror has their temperature taken and they are asked questions regarding recent travel and COVID-19 risk factors (e.g., whether they are experiencing an unexplained cough or other health condition associated with COVID-19). Each juror is then directed to a specifically assigned numbered chair, which has been sanitized prior to arrival and distanced from other chairs at least six feet in all directions. Hand sanitizer stations are also readily available, as are masks and gloves.
seats situated throughout the courtroom. This required adding seats in front of the jury box and in the gallery. Each juror then kept his or her assigned seat throughout the trial. After closing arguments, the jury deliberated in an adjacent courtroom which had also been measured and re-configured for social distancing. The Plan also recommended adding plexiglass partitions to the courtroom. The first was used to separate Judge Berrones from the rest of the participants. The second was used to divide the space between the court reporter, the witness stand and the judge’s bench. Pursuant to Plan and in adherence to current CDC guidelines, everyone was required to wear masks, including: the attorneys, witnesses and Court participants. The only exception to the mask requirement was when someone was speaking. For example, the attorney was not required to wear a mask when making opening statements, closing arguments, conducting voir dire or questioning a witness. Similarly, witnesses were allowed to remove their masks only when testifying.
THE FUTURE IS NOW On October 5, 2020, Lake County briefly re-opened the courthouse and resumed civil jury trials—an achievement that could only have been realized as a result of the Serving Safely Plan. The first civil trial was a personal injury lawsuit arising from a car accident and was presided over by Judge Luis Berrones. Pursuant to the Plan, the courtroom was measured and reconfigured to allow for social distancing. For example, attorneys sat at counsel tables socially distanced from others in the courtroom. To avoid being confined to the small jury box next to each other, the Plan provided for jurors to be positioned in assigned
CONCLUSION While the Serving Safely Plan currently applies only to Lake County, it, like the 19th Circuit’s recommendations on remote jury selection (adopted as Illinois Supreme Court Rule 45), will likely be rolled out to other counties and perhaps even statewide. This helps cement the 19th Judicial Circuit’s unparalleled leadership during the COVID-19 pandemic.
To avoid being confined to the small jury box next to each other, the Plan provided for jurors to be positioned in assigned seats situated throughout the courtroom. This required adding seats in front of the jury box and in the gallery.
March 2021
15
The ABC’s of Arterial Blood Clot Litigation
A
BY MICHAEL M. VIGLIONE
rterial blood clots deprive limbs of oxygenated blood. Failure to timely diagnose and treat these clots causes disastrous outcomes including amputation and permanent nerve pain.
It is therefore vital for attorneys litigating arterial clot medical negligence cases to understand the signs and symptoms arterial clots create, the risk factors for clot formation, the available treatments for these clots, and the physiological markers of a dead/dying limb. This article will highlight insights gained from litigating two cases involving failure to timely diagnose and treat arterial clots, which resulted in a Michael combined $19 million dollars in comViglione is a pensation for the plaintiffs. partner with the law firm “P” IS FOR THE 6 P’S: of Ryan, Arteries transport blood from the Ryan & Viglione who heart to limbs. A thrombus is a clot.1 has secured An embolus is a traveling clot.2 When $19,000,000 a thrombus or embolus closes off an in compenartery, a patient develops inadequate sation in 1 See, e.g., Macon, Brindles; Boskey, Elizabeth; Arterial Embolism (July 18, 2014), https://www.healthline.com/health/ arterial-embolism. 2 Id.
16
The Docket
blood flow (“ischemia”).3 An ischemic limb causes signs and symptoms coined the “6 P’s”.4 These signs/symptoms are: Pain, Pallor (color change), Pulse abnormality, Poikliothermia (cold limb), Parasthesias, and Paralysis.5 A patient need not have all 6 P’s for an arterial clot to be included in a medical provider’s differential diagnosis.6 For instance, severe limb pain out of proportion to examination is a vascu-
two arterial blood clot cases within the past year, one of which is the highest personal injury recovery ever recorded in Winnebago County, Illinois.
3 See, e.g., Lyaker, Michael; Tulman, David; Dimitrova, Galina; Pin, Richard; Papadimos, Thomas; “Arterial Embolism”, International Journal of Critical Illness & Injury Science (2013), pp. 77-87. 4 See, e.g., Shishehbor, Mehdi, “Acute and Critical Limb Ischemia: When time is limb”, Cleveland Clinic Journal of Medicine (April 2014), pp. 210-211. 5 Id. 6 See, e.g., 2016 American Heart Association/American College of Cardiology Guideline on the Management of Patients with Lower Extremity Peripheral Arterial Disease: A Report of the American College of Cardiology/American Heart Association Task Force on Clinical Practice Guidelines (2016), p. e733.
lar issue until proven otherwise. This factor alone requires considering arterial clots in a differential diagnosis.7 Patients experiencing ischemic pain will often exhibit more of the 6 P’s the longer their arterial clot (or clots) go untreated.8 The increase in P’s occurs as an ischemic patient experiences sensory nerve death (pain), then motor nerve death (paralysis), and finally skeletal musculature death (which requires amputation).9 The higher the number of P’s a patient has, the higher a provider’s index of suspicion should be for arterial clots. Additional classic signs that a patient is experiencing ischemia include: sudden onset pain (indicative of an embolus suddenly occluding an artery); worsening pain with walking (“claudication”); a patient hanging their leg over a wheelchair or bed in an effort to force blood into the lower leg; and pain while sitting or lying down (“rest pain”).10 Rest pain has been described as evidence that the patient’s metabolic supply cannot meet metabolic demand even when the patient is not physically exerting themselves. This is a vascular emergency.
“D” IS FOR DON’T WAIT TO DIAGNOSE: Acute onset limb ischemia from arterial clots is akin to a limb heart attack.14 The sooner the clots are diagnosed and treated, the better the patient outcome. Although each patient differs, the general rule is that total artery occlusion causes irreversible nerve and/or muscle death within 4-6 hours.15 Patient safety rules therefore require that medical providers diagnose and treat arterial clots emergently.16 Several zero-risk, non-invasive tests can diagnose arterial clots. A d-dimer is a blood test that measures for proteins indicating that the body is attempting to break down a clot.17 An elevated d-dimer raises the index of suspicion for an arterial clot.18 This test can be quickly and easily ordered in any emergency room. An ankle brachial index (“ABI”) compares blood pressure readings at the wrist versus various portions of the leg.19 If there is a discrepancy between the wrist pressure versus the leg pressure(s), it can indicate the presence of a clot.20 The location where the pressure discrepancy is on the leg provides insight to the clot’s approximate location.21 An arterial duplex doppler allows a provider to see and hear blood flow through arteries using an ultrasonography probe.22 When a provider cannot see and/or hear blood flow, it indicates a clot is occluding an artery. The ABI and duplex doppler tests are zero-risk procedures that can be done in
Arteries transport blood from the heart to limbs. A thrombus is a clot. An embolus is a traveling clot. When a thrombus or embolus closes off an artery, a patient develops inadequate blood flow (“ischemia”).
“R” IS FOR RISK FACTORS: Medical conditions causing blood flow abnormalities are risk factors for clot formation. Some of the medical conditions include diabetes, high blood pressure, high cholesterol, and smoking.11 An enlarged heart (“cardiomegaly”) can also cause sluggish, irregular blood flow and promote clot formation.12 Patients with these risk factors who are displaying the 6 P’s should set off alarm bells for arterial clots in a provider’s mind.13 7
8 9 10 11
12 13
See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, p. 1140 (noting that the primary clinical manifestation of arterial blood clots is often simply profound pain). See, e.g., Rezzan, Acar; Sahin, Muslum; Kirma, Cevat; “One of the most urgent vascular circumstances: Acute Limb Ischemia”, Sage Open Medicine (2013), p. 2. Id. See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, pp. 1140-1141. See, e.g., Lyaker, Michael; Tulman, David; Dimitrova, Galina; Pin, Richard; Papadimos, Thomas; “Arterial Embolism”, International Journal of Critical Illness & Injury Science (2013), pp. 77-87. Id. See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, pp. 1140-1141.
14 See, e.g., Shishehbor, Mehdi, “Acute and Critical Limb Ischemia: When time is limb”, Cleveland Clinic Journal of Medicine (April 2014), p. 209. 15 See, e.g., 2016 American Heart Association/American College of Cardiology Guideline on the Management of Patients with Lower Extremity Peripheral Arterial Disease: A Report of the American College of Cardiology/American Heart Association Task Force on Clinical Practice Guidelines (2016), p. e754. 16 Id. 17 See, e.g., Kleinegris, Marie-Claire; Cate, Hugo; Cate-Hoek, Arina; “D-Dimer as a marker for cardiovascular and arterial thrombotic events in patients with peripheral arterial disease”, Thrombosis and Haemostasis (2013), p. 1. 18 Id. at 10. 19 See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, p. 1141. 20 Id. 21 Id. 22 See, e.g., 2016 American Heart Association/American College of Cardiology Guideline on the Management of Patients with Lower Extremity Peripheral Arterial Disease: A Report of the American College of Cardiology/American Heart Association Task Force on Clinical Practice Guidelines (2016), p. e754.
March 2021
17
approximately 30 minutes. An angiogram involves placing a catheter into a higher up (“proximal”) artery and shooting contrast dye through the artery.23 A provider then observes the dye travel downwards (“distally”) through lower arteries. A stoppage of the dye indicates the presence of a clot. This is a more invasive, sophisticated test done under anesthesia. Patient safety rules require that providers order these tests on a “stat” basis to diagnose arterial clots. Performing the tests in a day or a week is insufficient, because the time window to treat an ischemic limb is generally narrow. Providers are required to not only order these tests, but to do so in conjunction with ordering stat vascular specialist consultations.24 If this is done appropriately, a vascular specialist can assume patient care as test results become available elucidating the location and severity of clots. Attorneys should obtain and review all vascular imaging films in arterial clot cases. Hospitals are legally required to retain films from procedures such as duplex dopplers and angiograms.25 The films from an arterial duplex doppler may reveal that multiple arteries were completely clotted off, while an interpreting radiologist’s report only mentions one artery being clotted off. For the plaintiff, this may prove to be powerful evidence the radiologist negligently failed to communicate the severity of her condition to the referring provider. On the other hand, if the referring provider ordered the appropriate diagnostic test and was not adequately informed of the results, this may provide them with a feasible defense. “T” IS FOR TIMELY TREATMENT: Diagnosing arterial clots is only half the battle. The next hurdle is providing timely, appropriate treatment. Intravenous administration of heparin can be ordered in the emergency room to stop accumulation of more clots.26 Heparin will not, however, break up clots that have already formed. Accomplishing that requires more invasive action by vascular specialists. Thrombolysis involves inserting a catheter into an artery above a clot and shooting clot busters (“Tissue Plasminogen Activators”) down at the clot.27 The goal is melting the clot and restoring blood flow.28 One drawback of thrombolysis is that the longer clots sit untreated, the stickier and harder to melt they become, thus rendering 23 See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, p. 1142 (discussing use of angiography in diagnosing arterial clots). 24 See, e.g., 2016 American Heart Association/American College of Cardiology Guideline on the Management of Patients with Lower Extremity Peripheral Arterial Disease: A Report of the American College of Cardiology/American Heart Association Task Force on Clinical Practice Guidelines (2016), p. e754. 25 42 CFR § 482.26(d)(2)(ii). 26 See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, p. 1143. 27 See, e.g., Morrison III, Harry; “Catheter-Directed Thrombolysis for Acute Limb Ischemia”, Seminars in Interventional Radiology (2006), V. 23, N. 3, pp. 258-269. 28 Id.
18
The Docket
thrombolysis ineffective against chronic clots.29 Another drawback is that thrombolysis is not as useful in clearing clots in distal leg arteries. This is because these arteries are smaller and harder to reach with thrombolytic catheters. If thrombolysis proves unsuccessful, a specialist can progress to a combination of thrombectomy and/ or angioplasty to restore blood flow. Thrombectomy involves pushing a balloon catheter past a clot, inflating the balloon, and then pulling the clot out.30 Angioplasty utilizes a catheter to expand an arterial wall and allow for increased blood flow.31 If clot removal is not viable, another treatment option is bypass grafting. This involves creating a new artery from a portion of a patient’s vein, and then using this new artery to “bypass” the blood flow stoppage caused by a clot. Once the clot is cleared, the patient’s blood goes rushing back into a previously blood-starved limb.32 This often causes the limb muscle to swell dramatically.33 A fasciotomy involves cutting open various compartments of the limb to allow the muscle to swell without crushing nerves and/or choking off blood supply all over again.34 Patient safety rules require that vascular specialists monitor patients undergoing blood flow restoration surgery in order to determine whether a fasciotomy or multi-compartment fasciotomy is necessary.35 Failure to initiate timely, effective treatment opens providers up to potential liability. If the patient was appropriately diagnosed but then left waiting for surgery for hours, the diagnosing provider, vascular specialist, and/or hospital may be at fault. From the defense perspective, a vascular specialist’s delay in providing treatment may exonerate a provider who diagnosed arterial clots and made an appropriate referral. Conversely, a vascular specialist may be exonerated if the patient was not sent to them until hours (or even days) after arterial clots were diagnosed. “C” IS FOR CK LEVELS, CONTRACTILITY, AND CAUSATION: Dying limbs create physiological evidence that is discernible with objective testing. Finding and understanding these test results can help practitioners understand when a limb became irreparably injured and/or died. The breakdown and death of skeletal musculature 29 See, e.g., Rosen’s Emergency Medicine; Concepts and Clinical Practice (8th ed. 2014), ch. 87, p. 1143. 30 Id. 31 Id. 32 See, e.g., 2016 American Heart Association/American College of Cardiology Guideline on the Management of Patients with Lower Extremity Peripheral Arterial Disease: A Report of the American College of Cardiology/American Heart Association Task Force on Clinical Practice Guidelines (2016), p. e756. 33 Id. 34 Ebraheim, Nabil; Abdelgawad, Amr; Ebraheim, Molly; Alla, Sreenivasa; “Bedside fasciotomy under local anesthesia for acute compartment syndrome: a feasible and reliable procedure in selected cases”, Journal of Orthopaedics and Traumatology (2012), pp. 153-157. 35 Id.
in a limb is called rhabdomyolysis.36 As rhabdomyolysis occurs the enzyme creatine kinase (“CK”) is released into the blood.37 Typically, CK levels begin to rise 2-12 hours after the onset of muscle injury and reach their peak 24-72 hours after muscle injury.38 Tracking a patient’s CK levels can thus help establish a time window for limb injury and death. Rhabdomyolysis also releases the protein myoglobin into the blood.39 When myoglobin proteins enter the blood, they can travel into a patient’s kidneys and shut the kidneys down.40 One tell-tale sign that rhabdomyolysis is occurring is brown urine (“myoglobinuria”).41 Urine turns brown because the kidneys stop working and can no longer filter myoglobin. Practitioners will notice medical providers charting out tea-colored urine, acute kidney injury (“AKI”) and/or acute renal failure (“ARF”) when this process unfolds. If dying and dead skeletal muscle is left untreated, kidney failure can devolve into sudden inflammatory response syndrome (“SIRS”), then sepsis, and death.42 Effectively treating arterial clots is therefore a matter of life and death. When vascular specialists perform blood flow restoration surgery, they electrically stimulate muscle to see if it contracts. Non-contractile muscle is dead muscle.43 Non-contractile muscle is definitive evidence that the limb (or portions of it) died before the restoration surgery. Understanding this physiological evidence helps pinpoint when a patient’s limb died. This evidence proves causation and can transform treating vascular specialists from hostile adverse witnesses into great causation witnesses. This process often unfolds as follows: Defendants who saw the patient on Day 1 and failed to diagnose an arterial clot may adopt two causation defenses: (1) the limb was dead on Day 1; and/or (2) the limb was still salvageable when the patient got to the vascular specialist on Day 3. Defense (1) is difficult because it involves the provider admitting they failed to suspect/diagnose an arterial clot in a dead limb. The provider risks looking incompetent. Defense (2) implicates the vascular specialist as a culpable party. In anticipation of this defense, vascular specialists should be named as Respondents in Discovery and/or direct 36 See, e.g., Vanholder, Raymond; Mehmet, Sever; Erek, Ekrem; Lameire, Norbert; “Rhabdomyolysis”, Journal of the American Society of Nephrology (2000), V. 11, pp. 1553-1561. 37 Id. at 1557. 38 See, e.g., Berridge, Brian; Van Vleet, John; Herman, Eugene; Haschek and Rousseaux’s Handbook of Toxicologic Pathology (3d ed. 2013), ch. 46, pp. 1567-1665. 39 See, e.g., Vanholder, Raymond; Mehmet, Sever; Erek, Ekrem; Lameire, Norbert; “Rhabdomyolysis”, Journal of the American Society of Nephrology (2000), V. 11, pp. 1556-1557 40 Id. 41 Id. 42 See, e.g., “Metabolic Consequences of Acute Limb Ischemia and their Clinical Implications”, Seminars in Vascular Surgery (2009), V. 22, Issue 1, pp. 29-33. 43 See, e.g., Melvin, Stuart; Veillette, Christian; “Open Fractures” (April 20, 2008), https://www.orthopaedicsone.com/display/ Main/Open+fractures.
March 2021
19
2
The
1
2 1
Calendar of Events
Community Outreach & Diversity Tuesday, March 2 • 12:15 – 1:15pm Foreclosure Help Desk Training Wednesday, March 3 • 12:00 – 1:00pm Criminal Law Series Tuesday, March 9 • 12:00 – 1:00pm Immigration Law Committee Meeting Tuesday, March 9 • 4:30 – 5:30pm 2021 Annual Real Estate Seminar Wednesday, March 10 • 9:30am – 4:30pm FLAG Committee Wednesday, March 10 • 12:00 – 1:00pm Civil Trial & Appeals Committee Meeting Wednesday, March 10 • 4:00 – 5:00pm Trusts & Estates Committee Meeting Thursday, March 11 • 12:15 – 1:15pm Young & New Lawyer’s Committee Meeting Thursday, March 11 • 12:15 – 1:15pm Solo & Small Firm Commoittee Meeting Monday, March 15 12:15 1:15 p.m. Criminal Law Series Wednesday, March 17 • 12:00 – 1:00pm Family Law Committee Wednesday, March 17 • 12:00 – 1:00pm Community Outreach Food Drive Wednesday, March 17 • 5:00 – 7:00pm Foreclosure Help Desk Training Friday, March 19 • 12:00 – 1:00pm LCBA Annual Meeting Tuesday, March 23 • 12:00 – 1:00pm Foreclosure Help Desk Training Wednesday, March 24 • 12:00 – 1:00pm Criminal Law Series Thursday, March 25 • 12:00 – 1:00pm CLE Committee Meeting Tuesday, March 30 • 12:00 – 1:00pm Criminal Law Series Wednesday, March 31 • 12:00 – 1:00pm
20 The Docket
defendants in arterial clot cases. During depositions vascular specialists can be presented with evidence that by the time the plaintiff was sent to them for treatment, the plaintiff’s CK level was markedly elevated, the plaintiff’s urine was brown, and the plaintiff’s skeletal musculature was non-contractile upon stimulation during surgery. This will lead the specialist to the opinion that the plaintiff’s limb died before they had a chance to save it. This also creates an effective offense for the plaintiff’s case against the initial providers and an effective defense for the specialist. It also makes the specialist the plaintiff’s best causation witness. “R” IS FOR RULING OUT OTHER SOURCES OF LOWER LIMB PAIN: Ischemia from lower leg arterial clots can resemble conditions such as neuropathy and neurogenic back pain. If a provider claims they ruled out arterial clots in favor of these other conditions, then focus on the following. What tests were performed to conclusively rule out arterial clots? Failure to order a d-dimer, ABI, and/or duplex doppler will sink the argument that a provider conclusively ruled out arterial clots. Remember that ordering a venous duplex doppler is not good enough. A provider must order an arterial doppler to rule in/out arterial clots. This sounds obvious, but it is a frequent medical error. Along these same lines, what was done to conclusively rule in neuropathy and/or neurogenic back pain? Did the provider perform a Tinel’s sign to test for irritated nerves, conduct a detailed musculoskeletal and neurological exam of the back, or order imaging studies? Did the provider prescribe neuropathic pain medication? Did the provider refer the patient to a podiatrist, orthopedic surgeon, neurosurgeon, or neurologist? Failure to do these things weakens the claim that the provider diagnosed a neurological issue. The provider may have dismissed your client as an alcoholic, drug-seeker, or crazy person without ruling anything in/out. This is clear negligence. Most importantly, remember that arterial clots can lead to loss of limb and life, whereas neuropathy and/or neurogenic back pain do not. Patient safety rules require that medical providers such as emergency room physicians use a “worst first” methodology when eliminating diagnoses from their differential. This requires providers to rule in/out arterial clots before settling on a less serious diagnosis. Failure to do this is negligence. CONCLUSION: Undiagnosed and untreated arterial clots can lead to loss of limb and life. Understanding what causes these clots to form, the signs and symptoms these clots create, and the physiological markers of a dying limb, are all vital to successfully handling these cases. Once a practitioner grasps these concepts, they can competently dissect the medical records, create a causation time window, and provide the best possible representation. This leads to successful litigation outcomes for irreparably harmed patients.
FAMILY LAW ANNUAL SEMINAR APRIL 22 12:30 P.M. – 4:30 P.M. Annual Case Law Update Mary Clark, Clark & Steiner LTD. Substantial Change In Circumstances In Child Support and Maintenance Cases Shana Vitek & Leo Bezanis, Beermann, LLP. Professionalism Dealing with Unethical Practices Michael Strauss, Schlesinger & Strauss, LLC. Pitfalls of Real Estate in Divorce Cases Jennifer Cohen, Kalcheim, Haber, LLC. Cross GAL Mario Ventreli, Ventrelli & Simon, LLC. Vaccinations Gretchen Fisher, The Law Office of Gretchen E. Fisher
APRIL 23 8:00 A.M. - 12:30 P.M.
(Outdoor Activity - Adler Park, Libertyville IL 1:30 p.m. - 5:00 p.m.) The Impact of Language and Communication Methods Sol Rappaport, Counseling Connections Ethics & Civility Deborah Goldberg & Friends Handling Family Law Cases When Your Client Has Pending Criminal Charges Renea Amen, Bur-Men Law Group Mental Health, Involuntary Commitments,Getting Mental Health Issues Before The Court Without Violating 607.6 Valarie Steiner & Katharine Hatch, Clark & Steiner. LTD. The Nitty Gritty of Tax In Support Computations - What Impacts The Tax Exemption and Majority Time Parent Has on Net Income - Taxes and Support Results Nancy Chausow Shafer, Chausow Shafer, P.C. Preparing Your Clients For Interviews With The GAL / 604.10 Evaluator / Mediator Michael Sabath, Berger Schatz , Jerald Kessler, Attorney at Law, Kelly Collins, Collins Family Law, LLC., Dr. Louis Kraus
March 2021 21 TO REGISTER GO TO WWW.LAKEBAR.ORG $200 FOR LCBA MEMBERS | MUST SIGN IN
Citing Rule 23 Orders
A
BY GUNNAR GUNNARSSON
t one time or another, you have probably run across an appellate court order that seems right on point with a case you are handling, but the order carries with it the unwelcome admonishment not to cite it except in accordance with Illinois Supreme Court Rule 23(e).1 You might know what the appellate court orAs of January 1, 2021, Rule 23 now permits citadered in a case involving facts arguably analogous to tion to appellate court orders. In particular Subparayours, but Rule 23 bars you from telling this to the trial graph (e) of Rule 23 was amended as follows: court. You could not say, “But, Judge, this is how the appellate court ruled under very similar facts,” even though (e) Effect of Orders. arguing by analogy is what attorneys often do in liti(1) An order entered under subpart (b) or gation. And what better analogy to (c) of this rule is not precdraw than to the appellate court’s edential and may not be Gunnar cited by any party except own order? Yet you were prohibitGunnarsson is an Assisto support contentions of ed from doing so. You could cite to tritant State’s double jeopardy, res judicata, al court decisions. You could cite to Attorney for collateral estoppel, or law of decisions in other states. You could cite Lake County the case. However, a nonprecto decisions in other countries. You assigned edential order entered under could cite to law review articles or to the Civil Division, subpart (b) of this rule on books or newspaper opinion piecwhere along or after January 1, 2021, may es. You could cite to pretty much anywith the be cited for persuasive purthing. The only limitation was rest of the poses. When cited, for these the persuasiveness of the analodivision purposes, a copy of the order gy or reasoning of the cited authority, he represents County-wide elected shall be furnished to all other officials and the County of Lake in but you couldn’t cite to the appellitigation, as well as provides legal counsel and the court. late court’s own order. advice on a variety of issues. (2) An order entered un1
1
Ill. S. Ct. R. 23(e) (eff. Jan. 1, 2021)
22 The Docket
der subpart (b) of this rule must contain on its first page a notice in substantially the following form: NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as is not precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). Thus, appellate court orders under Subparagraph (b) issued on or after January 1, 2021, can be cited for persuasive purposes, although the important distinction between precedential decisions and non-precedential orders remains. As defined by Rule 23, a “decision” of the appellate court is one that established “a new rule of law or modifies, explains or criticizes an existing rule of law” or “resolves, creates, or avoids an apparent conflict of authority within the Appellate Court.”2 This brings the Illinois rule more in line with Rule 32.1 of the Federal Rules of Appellate Procedure, which was amended in 2006 to bar any court from prohibiting or restricting citation to non-published opinions, orders, judgments, or other written dispositions of the Circuit Courts of Appeal that have been (i) designated as “unpublished,” “not for publication,” “non-precedential,” “not precedent,” or the like; and (ii) issued on or after January 1, 2007.3 In turn, the Seventh Circuit amended its Rule 32.1 effective January 1, 2007, to prohibit citations to its orders issued prior to January 1, 2007, except to support claim preclusion or to establish the law of the case from an earlier appeal in the same proceeding.4 WELCOME NEWS. The amendment to Rule 23 was received with widespread acclaim from the bar. Many attorneys have chafed under the restrictions imposed by the former rule. Attorneys love to argue, and taking away from their arsenal of analogies what may sometimes seem like their best analogy feels like so much unnecessary hams tringing. Comments posted by attorneys on the Illinois State Bar Association website expressed relief that at last Rule 23 orders could be cited, but some attorneys expressed frustration as to why the prohibition was enacted in the first place. Indeed, one attorney commented that his firm had once litigated a pro bono case and received a
favorable appellate court order that the firm had hoped could help with other similar cases, only to realize the order was worthless for future purposes because of the prohibition on citation. Finally, another attorney wondered why the rule wasn’t just repealed in its entirety because it served no useful purpose. Certainly, the anomaly of a party being permitted to cite to court decisions in other states or to any other purported authority, but not to orders of the Illinois Appellate Court, was frustrating to say the least. For instance, in the Second District case of In re Marriage of Schmitt,5 the petitioner-appellee had moved to strike portions of the respondent-appellant’s brief that had cited to a Rule 23 order of the court, an article published in the CPA Journal by the New York State Society of CPAs, and a Federal Internal Revenue Service audit report. Enforcing the Rule 23 prohibition, the Second District granted the motion with respect to the Rule 23 order but not with respect to the article or the audit report, there being no prohibition on citing to the latter two documents. That anomaly has now been removed. THE ORIGINAL RATIONALE FOR THE RULE. Rule 23 was adopted in 1972. Its rationale, as noted in the Committee Comment to the amendment in citing to comments by Chief Justice Bilandic and Justice Heiple, was based on the “avalanche of opinions” from the appellate court, many of which were simply “too long.” Similarly, the appellate court articulated its understanding of the rationale for the rule as “merely to avoid the publication of a morass of dispositions which add nothing to the available body of substantive law or of legal precedence.”6 But this was at a time when legal research was largely book-based. With the advent of digital publications, the concern about the publication of an “avalanche” of opinions became less important. After all, although the avalanche of orders may still continue, albeit in digital format, it is dwarfed by the unending and ever-growing tsunami of decisions of other courts and indeed of other publications which are not similarly restricted.
2 Id. R. 23(a) 3 Fed. R. App. P. 32.1 4 7TH CIR. R. 32.1(b) (2007).
5 6
Attorneys love to argue, and taking away from their arsenal of analogies what may sometimes seem like their best analogy feels like so much unnecessary hamstringing.
THE CONTINUING RATIONALE FOR THE RULE, AS AMENDED. There is still a solid rationale for Rule 23, as amend391 Ill. App. 3d 1010, 1016–17, 909 N.E.2d 221, 227–28 (2009), Bradley v. Howard Hembrough Volkswagen, Inc., 89 Ill. App. 3d 121, 124, 411 N.E.2d 535, 537 (1980).
March 2021
23
ed, since the distinction between an appellate court decision, which is precedential, and an appellate court order, which is not precedential, remains. Moreover, there is a further distinction between “vertical stare decisis” and “horizontal stare decisis,” as described by Justice Karmeier in his dissenting opinion in O’Casek v. Children’s Home & Aid Soc. of Illinois.7. Vertical stare decisis pertains to a decision of a higher court, which a lower court must follow, whereas horizontal stare decisis pertains to a decision of a co-equal court, which should be followed unless there is a compelling policy reason for departing from that precedent. By contrast, an appellate court order, which is not precedential, does not bind the trial court, nor does the doctrine of stare decisis require the appellate court itself to follow the order. Rule 23 explains why there should be this distinction between appellate court decisions and orders. Orders are to be issued in certain circumstances, such as where it would add nothing to existing precedent. That an order may be issued in a case which has no analogous precedent is a reason for it to be published as a decision and not an argument to challenge the rule itself. Moreover, with the amendment to Rule 23, parties are perfectly free to argue that an order in an analogous case should be followed. LINGERING QUESTIONS Even with the amendment to the rule, there remain some unanswered questions. Can you cite to Orders issued prior to January 1, 2021? There is some uncertainty among members of the bar, as reflected by comments on the ISBA website, on a number of significant points. One attorney expressed the opinion that only orders issued on or after January 1, 2021 can be cited, and that orders issued before that date still cannot be cited. But the language of the amended rule does not say that the prohibition is lifted only as to orders issued on or after January 1, 2021. Rather, the amendment completely deletes the prohibition on citation.8 Moreover, this is a rule of procedure, so the old rule doesn’t continue to apply to orders issued under it. As stated in Naughton v. Pfaff:9 -“In determining whether a supreme court rule applies retroactively, we follow the rule’s expressed intent regarding retroactivity, if any. Otherwise, we apply procedural laws or changes retroactively, but not substantive laws or changes. Procedural laws relate to pleadings, evidence, and practice, and these laws will apply retroactively unless they will impair a vested right that is so perfected, com7 8 9
229 Ill. 2d 421, 454, 892 N.E.2d 994, 1014 (2008) Cf. Seventh Circuit Rule 32.1 which still prohibits citation to unpublished orders issued before January 1, 2007, the effective date of the amendment to the Rule. 2016 IL App (2d) 150360, ¶ 58, 57 N.E.3d 503, 517–18
24 The Docket
plete, and unconditional that it can be equated with a property interest.” On the other hand, orders issued prior to January 1, 2021, bear the admonishment that “This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).” But, as noted above, Rule 23(e)(1) has been amended to delete the prohibition on citing Rule 23 orders. Certainly, at the very least such orders are not precedential and therefore should not be cited as such. Can you cite to summary orders for persuasive purposes? Rule 23, as amended, provides that Subparagraph (b) orders issued after January 1, 2021, can be cited for persuasive purposes. This perhaps implies an intent that Subparagraph (c) orders cannot be cited for persuasive purposes. But since the prohibition on citation has been deleted, Subparagraph (c) orders should be treated like all other non-precedential citations, such as the citation to the CPA Journal article in Marriage of Schmitt. This, of course, does not mean it has any persuasive value to the court, since Subparagraph (c) orders are issued in summary format, without even a description of the underlying facts of the cases. (Orders under Subparagraph (c) “shall contain (i) a statement describing the nature of the case and the dispositive issues without a discussion of the facts; (ii) a citation to controlling precedent, if any; and (iii) the judgment of the court and a citation to one or more of the criteria under this rule which supports the judgment, e.g., ‘Affirmed in accordance with Supreme Court Rule 23(c)(1).’”) How meaningful is the distinction between a nonprecedential order and precedential decision? If a case was correctly decided on the facts, albeit through an order rather than a decision, and you have a case with indistinguishable facts, is not that order precedent of a kind? After all, the hallmark of the law is consistency, and similar cases should be decided in like manner. On the other hand, as noted above, the appellate court specifically has determined that the order is not precedential, hence its issuance as an order rather than as a decision. Trial courts are not obliged to follow it, nor does stare decisis require the appellate court to follow it. Where are we now? Unlike the Illinois Supreme Court, which may choose the cases it will hear, the appellate court must hear and decide one and all. The majority of these dispositions do not make a new rule of law or modify, explain, or criticize an existing rule of law. The distinction between precedential decisions of the Illinois Appellate Courts and non-precedential orders thus remains as valid now as before the amendment to Rule 23. If the appellate court decides a case via an order, it has determined that it has no precedential value. But at least for the practitioner, you can now cite to it. While the trial court may not agree with you and is certainly not bound to follow the order, you are free to argue it. And isn’t that what attorneys really like to do anyway?
Lake County Bar Golf Outing* Thursday, June 17, 2021 White Deer Run Golf Club 250 W. Gregg’s Parkway, Vernon Hills
*The LCBA is planning to hold this golf outing in a safe/responsible manner!
2021 LCBA Golf Outing Play
The Course
Players of all levels are encouraged to participate in the 2021 Lake County Bar Association Golf Outing.
The Dick Nugent built White Deer Run Golf Club is a par 72, 7,149-yard championship public golf destination combined with the finest banquet and dining experiences conveniently located in Vernon Hills. White Deer Run Golf Course provides generous landing areas off the tee and immaculately groomed bentgrass tees, fairways and greens, perfect for your round of golf. Our clubhouse offers incredible views of the course and Lake Charles. Perfectly suited for a golf outing, or more intimate gatherings. Our friendly staff and beautiful views will make your visit a memorable experience.
We will be golfing safely in this first in-person LCBA event since March 2020! Golf Championship Trophy For those who take this outing seriously, this is your goal. Remember, two members of a foursome must be LCBA Members to win the trophy.
Contests Contests for players of all levels • 1st, 2nd, 10th & “You Should try Bowling” Place Awards • Men’s/Women’s Longest Drive • Men’s/Women’s Longest Putt • Men’s/Women’s Closest to the Pin • $10,000 Hole In One Prize • 50/50 Ball Raffle • Raffle prizes
Feel Good Four Pack (per player) Does your golf game struggle a bit? No worries – for a $20 contribution to the Lake County Bar Association, you can purchase a Feel Good Four Pack consisting of the following: • 2 Do-Over Mulligans for Tee Shots • 1 Do-Over Mulligan for a Chip Shot • 1 Give-Me - If ball is within 2 putter lengths of hole, pick it up and count is as only one stroke • 5 additional raffle tickets for door prizes
Raffle Prizes We are seeking 5 - 10 raffle prizes valued at $250 or above. Donors receive: • Firm, organization or company prominently displayed throughout the championship • Firm, organization or company name/logo on all advance promotional materials once commitment is made • Acknowledgment of sponsorship in player welcome packet
Players $185/player or $700/foursome • Greens fee, cart and range balls • Lunch, two beverage tickets and post play reception, all outdoors • Commemorative golf item • 1 door prize ticket per player • Raffle Prizes and Outing contests
26 The Docket
The Fine Print No reservations will be accepted unless payment is received (or guaranteed by a credit card) by Friday, June 11, 2021. No refunds will be issued after 12:00 Noon, Friday, June 11, 2021. Any member who reserves a foursome will be responsible for the payment and attendance of the entire group (the reserving LCBA member’s credit card will be charged for the entire group fee regardless of whether the entire foursome is present to play on Thursday, June 17, 2021 (unless prior arrangements have been made before the cancellation date).
June 17, 2021 | White Deer Run Golf Club Register online at www.lakebar.org
Join the fun as a Sponsor Hole In One Sponsor: $1,500 (Exclusive to only 1 sponsor) • Includes $10,000 HIO Signature Prize on hole #6 and Bonus Prizes on other par-3 holes • Name/Logo displayed on signs at all 4 Par-3 Holes • 1 Complete Foursome Package starting on Par-3 Hole of your choice • 4 Feel Good Four Packs • 2 representatives permitted at a par-3 hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ½ page advertisement in August or September 2021 issue of The Docket
Eagle 4-Some Sponsor: $1,200 (Exclusive Hole Sponsorship & 4-Some) • 1 Complete Foursome Package and Choice of starting hole (first paid – first choice) • 4 Feel Good Four Packs • Exclusive Sponsorship of starting hole with name/logo displayed on sign at tee box (excludes par-3 holes) • 2 representatives permitted at sponsored hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ½ page advertisement in August or September 2021 issue of The Docket
Gold Tee Sponsor: $750 (Exclusive Hole Sponsor) • Exclusive Sponsorship of a hole (excludes par-3 holes) including name/logo displayed on sign at tee box. • 2 representatives permitted at sponsored hole to greet players and distribute items. Includes 2 tickets to the pre-round luncheon, post-round reception, & 2 drink tickets • Complimentary ¼ page advertisement in August or September 2021 issue of The Docket
Golf Cart Sponsors: $500 (2 available) • Name/Logo prominently displayed on every golf cart visible throughout play • 1 ticket to the pre-round luncheon and post-round reception
Competition Sponsor: $250 Pick One: Longest Drive-Men/Longest Drive-Women /
Longest Putt-Men/Longest Putt-Women / Closest to the Pin-Men/Closest to Pin-Women) • Sponsor a Hole Competition for either the men’s or women’s contest (6 available) • Name/Logo displayed on sign at competition hole • Competition prize provided by sponsor (value of $30 or more) Food Sponsor: $150 (unlimited) • Name/Logo displayed with other food sponsors on sign prominently displayed where food is served.
All sponsors acknowledged on rules sheet, during post-round reception and in the August issue of The Docket.
March 2021 27
• Registration & Practice 11:00 a.m. • Lunch 11:30 a.m. - 12:30 p.m. • Shot Gun Start 12:30 p.m. • Post Game Reception Approx. 5:00 p.m.
Register online at www.LakeBar.org
Golf & Sponsor Registration MY FOURSOME: 1. ____________________________________ HDCP 2. ____________________________________ HDCP 3. ____________________________________ HDCP 4. ____________________________________ HDCP Please try and place me with: Name: ________________________________
o Individual Player: # ____ @ $185 (includes golf, lunch & reception) o Foursome: # ____ @ $700
(includes golf, lunch & reception)
o Feel Good Four Pack: # ____ @ $20 o Lunch Only: # ____ @ $25 o Reception & 1 Drink Ticket: # ____ @ $25 $1,500 o Hole-In-One Sponsor: $1,200 o Eagle 4-Some Sponsor: $750 o Gold Tee Sponsor: $500 o Golf Cart Sponsor: $250 o Competition Hole Sponsor: $150 o Food Sponsor: Total $ _______
Contact Information Sponsorship opportunities are available on a first paid, first serve basis. Sponsors will be recognized with signage at the event and a thank you ad in The Docket.
Name: ______________________________________ Firm: ________________________________________ Display Acknowledgment as: _________________________________________________________________ (How the sponsor’s name will appear) Address: ____________________________________ City, State & Zip: ______________________________ Phone: _____________________________________ Fax: ________________________________________ E-mail: ___________________________________________________________________________________ Payment method: o Check enclosed o Visa* o Mastercard* o Discover* o American Express* Number: ___________________________________ Expiration Date: ____/____/____ CVV: ___________ Signature: ________________________________________________________________________________ *A 4% credit card procesing fee will be added when paying with a credit card. Please Return Registration By June 7, 2021: Lake County Bar Association • 300 Grand Avenue, Ste A • Waukegan, IL 60085 TEL (847) 244-3143 • FAX (847) 244-8259
CRIMINAL LAW SEMINAR LCBA MEMBERS - $25 A SERIES
Sign up for all 6 series and use promo code CRIM21 and SAVE $25.
NON MEMBERS - $50 A SERIES
Sign up for all 6 series and use promo code NCRIM21 you will save $50
ALL PROGRAMS START AT NOON WEDNESDAY 3/17/21:
Family Law for Criminal Lawyers Caryn Barone, Soffietti, Johnson, Teegen, Argueta, Bawcum & Barone, Ltd., Kimberly Furrer, Schiller, DuCanto & Fleck, LLP
Conflicts
Keith Grant, Lake County Public Defender’s Office
THURSDAY 3/25/21:
Recognizing Impairment During Covid Dr. Diana Uchiyama, Lawyer’s Assistance Program
WEDNESDAY 3/31/21: Case Law Update
Keith Grant, Lake County Public Defender’s Office
WEDNESDAY 4/7/21:
Misdemeanor Judges’ Panel Felony Judges’ Panel
WEDNESDAY 4/14/21:
Juveniles Charged With Adult Crimes
Jeff Facklam, Lake County State’s Attorney’s Office.
March 2021 29
Foundation & Committee Minutes LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING JANUARY 19, 2021 IN ATTENDANCE: BY ZOOM: Joann Fratianni John Quinn, Sr. Tara Devine Nick Riewer Perry Smith Shyama Parikh Steve McCollum Amy Lonergan Mike Ori Rick Lesser Douglas Dorando David Gordon Hon. Henry “Skip” Tonigan (Ret.) Carey Schiever Kristie Fingerhut Jennifer Ashley Jeff Berman BY PHONE: Joe McHugh Hon. Fred Foreman (Ret.) ALSO IN ATTENDANCE: Jose Gonzalez, Acting Executive Director, LCBA, LCBF. I. CALL TO ORDER: Meeting was called to order by President Nick Riewer at 4:03 p.m. II. APPROVAL OF MINUTES: Minutes of the Meeting of December 15, 2020 were presented for approval. Motion to approve made by John Quinn, Sr. and seconded by Carey Schiever. Motion carried.
30 The Docket
III. TREASURER’S REPORT: A. STATUS AND BALANCES OF LCBF ACCOUNTS: Treasurer, Perry Smith reported on the LCBF funds and expenses. The passcodes for the accounts are in the process of being updated. Motion was made by Amy Lonergan and seconded by Rick Lesser to have the passcodes changed for the various bank accounts with only accessibility for the LCBF Board. Motion carried. Checks were distributed subsequent to our “Art With A Heart” fundraiser to the various recipients. The payment on the Condo in Cabo remains due as an expense. We are currently down to one outstanding loan of $272,702.62. We also have an estimated $30,000 in outstanding pledges for the building fund which are scheduled to be received in the near future. B. WARRANT/ APPROVAL OF EXPENSES PAID: The Board was presented with $26,498.02 in expenses for December, 2020 which require approval. Motion to approve the expenses made by Amy Lonergan and seconded by Jeff Berman. Motion carried. IV. CONTINUING BUSINESS: A. PROPERTY TAX EXEMPTION: The Illinois Department of
Revenue issued a finding that our building did not meet the exemption qualifications because the property is not in exempt ownership and exempt use. Amy Lonergan has sent a letter to the Illinois Department of Revenue on January 15, 2021 requesting that they reconsider this finding. We are awaiting the written decision at this time. B. ROOF REPAIR STATUS: The Board had previously approved a monthly inspection by Waukegan Roofing which has proceeded without further issues to date. The monthly inspections will continue for the near future. C. PROPOSED LCBF BYLAW REVISIONS: The Board was presented with proposed Bylaw revisions as recommended by the Bylaw Committee at the December, 2020 meeting. The Board decided that the Purpose Section required further consideration and any proposed changes will be discussed at the February 16, 2021 meeting. V. NEW BUSINESS: A. ADDITIONAL CHARITABLE CONTRIBUTIONS: The Board has received two Cy Pres award donations in the amount of $4,300 and $4197. The Board has received $17,216 in funds from the dues check-off from the LCBA. We have also received a donation
from President Riewer and two donations in Honor of Tom Stepanich. We also have $3,200 in funds left over from the “Art With A Heart” fundraiser. The Board suggested the formation of a committee to discuss what charities are the benefactors of any of these funds. The Committee was formed to include Amy Lonergan, Joe McHugh, Joann Fratianni, David Gordon, Rick Lesser and Melanie Rummel. The Committee will meet via Zoom prior to the next Board meeting to discuss possible donors. B. SEARCH FOR EXECUTIVE DIRECTOR STATUS: There are three finalists for Executive Director who will be interviewed tomorrow and a finalist will be selected shortly thereafter. VI. ADJOURNMENT: Motion to adjourn made by Rick Lesser and seconded by Amy Lonergan. Motion carried and the Meeting adjourned at 5:03 p.m. Respectfully submitted, Joann M. Fratianni Secretary _______________________ CIVIL TRIAL & APPEALS COMMITTEE MEETING VIA ZOOM FEBRUARY 10, 2021 Meeting commenced at 4:03 p.m. Topics of Discussion: Establishing the reasonable value of past and future medical bills Presented by
LAWYER REFERRAL SERVICE
WHY SHOULD YOU JOIN? The LCBA Lawyer Referral Service (LRS) is a valuable member benefit as well as a public service. LRS provides member attorneys with an opportunity to build business through client referrals. The service benefits the public by helping callers quickly find an attorney in the area of law in which they need help. The LRS program is designed to assist persons who are able to pay normal attorney fees but whose ability to locate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer. Cost is only $200 annually for a Standard listing or $350 for a Premium listing. Download the application at www.lakebar.org/page/LRS or contact the LCBA office for more information.
ATTORNEYS NEEDED IN THE FOLLOWING CATEGORIES • Administrative • Bankruptcy • Commercial • Consumer • Employment • Environmental • Estate Planning, Wills, Trusts and Probate Visit lakecountylawyer.info for a complete list of available categories.
CONTACT THE LCBA AT 847.244.3143 OR INFO@LAKEBAR.ORG
LAKECOUNTYLAWYER.INFO March 2021
31
Foundation & Committee Minutes Connor Beer of AccuMed HealthCare Research. • Accumed provides data on charges from local providers and facilities around the country • Expertise: economic benchmark and valuation with certified medical coders to review medical bills • Charge flat rate fees
• Future fees reports • Data sources and methodologies • Network of experts – economists, medical coders, etc. • Demonstration of platform to generate prelitigation reports at a flat rate • Discussion of Verci v. High 2019 IL App (3d)
190106 decision • Contact info: Connor Beer 720-788-7396 (connor.b@ accumedintel.com) Judge Hoffman • Lake County jury trials to resume in March (must still adhere to protocols). • Criminal trials still receive priority • Parties to civil trials are
being asked to stipulate for 6 person juries Meeting opened for questions, comments, ideas, and thoughts to save the world. Meeting adjourned at 5:10 p.m. Next meeting will be March 10, 2021 via Zoom.
TRUSTS & ESTATES SEMINAR APRIL 8, 2021 PROBATE GAL TRAINING MAY 20, 2021 CIVIL TRIAL & APPEALS SEMINAR MAY 27, 2021
MORE INFORMATION COMING SOON 32 The Docket
March 2021
33
Board of Directors’ Meeting
The
Meeting Minutes BY KATHARINE S. HATCH SECRETARY
Thursday, January 21, 2021 ACTION ITEMS: 1. Consent Agenda: a. December Minutes -P4 b. December New Members – P6 2. Treasurer’s report: a. December 2020 Financial Report - P7 b. Surepay. Motion To Approve Consent Agenda, Motion Seconded, Motion Passes. OLD BUSINESS: 1. Strategic Planning Committee Update 2. LCBA/LCBF Joint Sub-Committee Update – meeting held 1/6/20 Executive boards of both entities met to coordinate administrative duties in the absence of an Executive Director. 3. Executive Director Hiring Committee Update a. Nancy Rodriquez b. Status of Interviews c. Weekly Meeting Interviews for Executive
34 The Docket
Director position of the LCBA are ongoing.
5. Moved review of employees to March
NEW BUSINESS: 1. Contact/Judiciary/ Sheriff regarding attorney access pass/ security changes if any
6. PPP Loan LCBA meets all requirements to receive PPP Loan per treasurer’s report. Motion to apply for a PPP Loan, Motion Seconded, Motion Passes.
2. Solicitation of Accessto-Justice nomination for March Luncheon – P13 a. PSLS Award being moved to October 3. Board Nominating Committee and Process a. Nominations due 2/1/21 b. Meeting 2/10/20 c. Luncheon in March to approve the slate d. Need a treasurer 4. Upcoming items in 2021 a. President’s Dinner b. Solicitation of Liberty Bell nominations for April luncheon. Tentatively scheduled for April 13, 2021. c. Doctor/Lawyer Dinner Cancelled
7. Seminars a. Upcoming Seminars Seminar income is essential to the LCBA budget. Liaisons need to be involved with seminar planning to ensure procedures are followed. b. Process/Tickler document/Liaisons Motion made to enter Executive Session OTHER MATTERS: 1. Committee Updates - Contact your assigned committee chair for a report 2. Executive Director Report Motion to adjourn
Next Board Meeting February 18, 2021
BOARD MEMBERS PRESENT Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine S. Hatch Secretary Stephen Rice Past President David R. Del Re 2018-2021 Director Thomas A. Pasquesi 2018-2021 Director Dwayne Douglas 2019-2022 Director Daniel Hodgkinson 2019-2022 Director Craig Mandell 2020-2023 Director Hon. Jacquelyn Melius 2020-2023 Director Jose A. Gonzalez Acting Executive Director
CONFERENCE ROOM For meetings only. Seats 16 – 20 comfortably During business hours (8 am – 5 pm) • Member- Free • Non-Member $150/1st hour. $50/hour after • Non-Member, Not-for-Profit: $25/hour
2021 LCBA OFFICE RENTAL PRICING
After Hours (5 pm – 9 pm) • Member - $25 per hour • Non-Member – Not Available • Non-Member, Not-for-Profit: $50 per hour
MEMBER CENTER “The Bar” Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.
Contact the LCBA Office at 847-244-3143 or info@lakebar.org March 2021 35
Monthly
Committee Meetings
DAY
GO TO
WWW.LAKEBAR.ORG FOR THE MOST UP-TO-DATE CALENDAR INFORMATION.
Bar
Bulletin Board
MEETING
LOCATION
TIME
1st Tuesday
Diversity & Community Outreach
Virtual Until Further Notice
12:15-1:15
1st Thursday
Real Estate
VUFN
5:30-6:30
Docket Editorial Committee
VUFN
12:15-1:15
2nd Tuesday
Criminal Law
VUFN
12:15-1:15
2nd Tuesday (Odd Mo.)
Immigration
VUFN
4:30-5:30
2nd Wednesday
Family Law Advisory Group (FLAG)
VUFN
12:00-1:00
2nd Wednesday
Civil Trial and Appeals
VUFN
4:00-5:00
2nd Thursday
Young & New Lawyers
VUFN
12:15-1:15
2nd Thursday
Trusts and Estates
VUFN
12:15-1:15
3rd Monday (Odd Mo.)
Solo & Small Firms
VUFN
12:00 noon
3rd Tuesday
Local Government
VUFN
12:15-1:15
3rd Tuesday
LCBF Board of Trustees
VUFN
4:00
Family Law
VUFN
12:00-1:00
LCBA Board of Directors
VUFN
12:00 noon
VUFN
5:30-6:30
VUFN
5:15-6:15
1st Thursday (Even Mo.)
3rd Wednesday 3rd Thursday 3rd Thursday
To place an ad or for information on advertising rates, call (847) 244-3143
36 The Docket
As Needed
Debtor/Creditor Rights Employment Law
• RSVP to a meeting at www.lakebar.org. • Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143. • Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.
March 2021
37
300 Grand Avenue, Suite A Waukegan, IL 60085 Tel: 847-244-3143 Fax: 847-244-8259
MEMBER RECEPTION
MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES
LCBA Member Receptions will generally be held on the 4th Thursday of every month.
Your $500 sponsorship includes: ecognition in advertising before the event and on signage at the event •R • Reception from 4:30 – 6:30 p.m. omplimentary beer and wine. Upgrades available for additional fee. •C
Contact info@lakebar.org to add your name to a reception.