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Heyl Royster Attorneys Author Articles for IDC Quarterly

04/18/2014

Ten Heyl Royster attorneys from several of the firm's offices published articles in the latest issue of IDC Quarterly, the official publication of the Illinois Association of Defense Trial Counsel.

Tyler Robinson and Roger Clayton authored a featured article entitled "Beware of the Whistleblower: Whether Congress's Omission of the Term 'Employer' from Section 3730(h) of the False Claims Act Was Intended to Extend Liability to a Whistleblower's Individual Supervisors." The article details how courts have struggled with discerning what Congress intended when it omitted the term "employer" from the amended whistleblower anti-retaliation provision of the False Claims Act. There has been some debate among courts addressing this issue as to whether Congress's omission was designed to extend False Claims Act liability to a whistleblower's individual supervisor. Without clarification from Congress, Robinson and Clayton recommend that individuals who serve in supervisory capacities be well informed of the general provisions of Section 3730(h). Download Article

In the Evidence and Practice Tips column, Joe Feehan and Brad Keller examine two Illinois Appellate Court First District cases: Taylor v. Lemons Corp. and Sutton v. Ekong. In the Taylor article, they discuss useful tips for defense attorneys who are considering a change of venue based on a theory of forum non conveniens in the context of the Taylor case, in which the court denied the defendant's attempt to transfer the case to a different county. In the Sutton article, the authors discuss the criteria required for allowing parties to obtain a special service order from the court. Download Article

In the Health Law Update, Roger Clayton, Mark Hansen and Matt Thompson discuss the decision by the Illinois Appellate Court Third District in Steele v. Provena Hospitals, focusing on the defense of apparent agency claims against hospitals and drafting hospital consent to treatment forms. Download Article

In the Workers' Compensation Report, Brad Peterson authored "Illinois Chamber of Commerce Releases Report on Judicial Activism in Workers' Compensation Rulings." The article discusses the Chamber of Commerce's report on recent decisions of the Illinois Supreme Court and the Appellate Court's Workers' Compensation Commission Division that, according to the Report, "have expanded employer liability and contribute to Illinois' reputation for having a costly workers' compensation system." Download Article

In the Civil Rights Update, Brian Smith and John Heil authored "Does It Relate Back? Substituting Individuals for Fictitious Defendants after the Statute of Limitations Has Expired." In the article they discuss the practice of filing complaints with fictitious "John Doe" parties to preserve the cause of action against unknown parties, and whether a complaint can be successful if it is amended to include the proper party after the statute of limitations has expired. Download Article

In this issue's Monograph section, Keith Fruehling served as a contributing author on the IDC's extensive review of the Tort Immunity Act. Download Article