Northern Illinois

Nation

• Sotomayor declines to give abortion views, Chicago Tribune
• Day 3 of Sotomayor hearings, ABA Journal
• Prisoner attempts suicide in St. Louis courtroom, Post-Dispatch
• N.J. Attorney General seeks unemployed lawyers willing to work for free, ABA Journal
• Court sides with preacher jailed for predicted God would smite judge, ABA Journal
• Ask questions to avoid killer clients, shrink recommends, ABA Journal

State

• U. of I.

Watch for Helen Gunnarsson's LawPulse item in the not-yet-published August Illinois Bar Journal about a scam e-mail solicitation that's making the rounds. Helen will have details, but in the meantime you can read a year-old California Bar Journal article describing this "request for Legal assistance," purportedly from a Chinese textile company. Thanks to Springfield paralegal Caren Mansfield, who alerted ISBA to the scam and the CBJ article.

In a recent column for the Law Technology News, veteran lawyer and legal-tech writer Bob Ambrogi compared the two leading bar-sponsored legal research services, Fastcase and Casemaker. As he notes, Casemaker partners with 28 bars representing 475,000 lawyers, while Fastcase is offered by 17 state and other bars -- including the Illinois State Bar Association -- representing 380,000 lawyers. His conclusion? "[B]oth are worthwhile services with many similarities. In the coverage of federal and state libraries and the relative strengths of their search tools, neither stands out as significantly superior to the other. But in their intuitiveness and ease of use, Fastcase has the clear edge." Read his review.

The rumor mill is spinning that effective July 1, 2009, Medicare Set-Aside (MSA) trusts are required for liability litigation as is already required in worker’s compensation. (Reimbursement by a plaintiff for previously paid benefits to Medicare is unchanged by the new law.) Although federal research is not my strong suit, I can’t find any support for this proposition. My best guess is that this rumor started because of the new § 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007. (Public Law 111-173). Section 111 provisions are reporting requirements and do not mention any need for MSAs in liability cases. This new law simply requires those paying  for judgments to report to Medicare payments of settlements, awards, judgments, or other payments. An argument is being posited that the previous law still in effect already requires MSAs in personal-injury cases for future medical expenses. (Medicare Secondary Payer Act). I cannot find any clear authority supporting that proposition.