Showing 3 posts by Joseph A. Falk.
An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?
In today’s litigation climate, cases often not only involve a plaintiff, a defendant, and their attorneys, but also insurance carriers who have vested interests in the outcome of cases involving their insured. Prior to and throughout the course of litigation, an insured will often not only communicate with their attorney, but also with their insurer. It is common, for example, that an insurer will take a statement from their insured while analyzing a potential claim. The threshold question of which components of an insurance claim file are discoverable is crucial in a litigated matter. This Article explores the Illinois Insurer-Insured Privilege. A misunderstanding of this privilege can have severe consequences, including the disclosure of material information that the parties believed, in good faith, was confidential, and would never be subject to production. More »
PROFESSIONAL LIABILITY CLIENT ALERT: Medical Professionals and Opioid Lawsuits: Protecting Against the Coming Storm
The pharmaceutical industry and medical professionals are facing a crisis over opioid prescriptions – which have been a regular part of medical care and pain management for decades. In 1977, the New England Journal of Medicine published an analysis of opioid medications and associated addiction which found opioid addiction and death to rarely develop from pain management with opioids. Following this publication, the medical industry began to use opioids with greater regularity throughout the 1980’s, 1990’s, and into the present day given their effectiveness in treating patients with both severe short-term and chronic pain. More »
PROFESSIONAL LIABILITY CLIENT ALERT: The Medical Studies Act: What Happens in Peer Review Does Not Always Stay in Peer Review
Medical professionals often face a difficult balancing act when it comes to peer review. Hindsight is truly 20/20, and it is important for medical professionals to peer review patient and resident care to improve future treatment. However, when inadequate care is provided and a patient or resident is injured, medical professionals face the specter of litigation. How do medical professionals balance between improving future care and protecting themselves from litigation? To help balance these important interests, Illinois has passed both the Medical Studies Act, 735 ILCS 5/8-2101 et seq. (2004), and the Long-Term Care Peer Review and Quality Assessment and Assurance Protection Act, 745 ILCS 55/4 et. seq. (2014) (the “Quality Assessment Act”). While the line between communications protected during peer review and those that are discoverable in litigation is not perfectly clear despite these Acts, there are certain guidelines that peer-review committees can follow to ensure the greatest possibility of protection under the Acts. More »
- Michigan No-Fault Reform Update
- Missouri Joinder/Venue Reform Bill Heading to Governor for His Signature
- Seventh Circuit Appellate Briefs Filed in Southwest Airlines Biometric Case Involving Collective Bargaining Agreements
- An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?
- Litigation is Expensive; Consider Mediation Instead.
- Product Liability: Effective Litigation Tools and Techniques
- PROFESSIONAL LIABILITY CLIENT ALERT: Opioid Litigation - The Practitioner's Guide to Managing the FDA's 2019 Roadmap
- Driver Fatigue: A Leading Cause of Accidents and Death in the Transportation Industry
- Attorney Termination of the Attorney-Client Relationship in New York
- New Developments for Michigan Employers
- Professional Liability
- Class Action
- Insurance & Reinsurance Litigation & Counseling
- Complex Commercial Litigation
- Insurance Coverage
- Cyber Risk & Liability
- Toxic Tort
- Professional Development
- Pharmaceutical & Medical Device Litigation
- Social Media & Privacy
- Employment Litigation & Counseling
- Workers' Compensation
- Construction Litigation & Counseling
- Discrimination, Harassment & Hostile Workplace Claims
- Medical Negligence & Healthcare Liability
- Product Liability