Section Newsletters

Articles From Jason G. Schutte

A Primer on Illinois Prejudgment Interest By Jason G. Schutte Tort Law, January 2022 A summary of the recently enacted Public Act 102-6, which expands prejudgment interest in the state of Illinois.
A Primer on Illinois’ Prejudgment Interest By Jason G. Schutte Insurance Law, October 2021 An overview of the Public Act 102-0006, wich was signed into law last spring and went into effect last summer.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte General Practice, Solo, and Small Firm, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Health Care Law, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Civil Practice and Procedure, November 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
HIPAA Protective Orders and Use of Protected Health Information in Litigation By Jason G. Schutte Elder Law, July 2020 A discussion of Haage v. Zavala, a recent appellate case that deals with protective orders entered in personal injury cases pursuant to the Health Insurance Portability and Accountability Act of 1966 and the rules promulgated pursuant to that Act.
HIPAA Protective Orders and Use of Protected Health Information in Litigation By Jason G. Schutte Health Care Law, June 2020 A discussion of Haage v. Zavala, a recent appellate case that deals with protective orders entered in personal injury cases pursuant to the Health Insurance Portability and Accountability Act of 1966 and the rules promulgated pursuant to that Act.
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Tort Law, November 2018 The Dead Man’s Act can be a very effective tool in defending personal injury claims. In Spencer v. Strenger Wayne, it was used to wholly defeat a negligence case.
Snow and ice: Natural and obvious? By Jason G. Schutte Civil Practice and Procedure, October 2018 The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC. 
Vicarious liability bars contribution between principal defendants By Jason G. Schutte Civil Practice and Procedure, February 2018 Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Civil Practice and Procedure, September 2017 The Dead Man’s Act can be a very effective tool in defending personal injury claims. It can be used to wholly defeat a negligence case, as occurred in Spencer v. Strenger Wayne.
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Tort Law, September 2017 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
No effort, no immunity under Snow and Ice Removal Act By Jason G. Schutte Civil Practice and Procedure, June 2017 The Illinois Supreme Court recently discussed the limitations of the Illinois Snow and Ice Removal Act in Murpy-Hylton v. Lieberman, et al.
Conflicts of interest and the duty of the insurance company to defend By Jason G. Schutte Insurance Law, May 2017 Claims professionals will satisfy the insurer’s duty to defend while addressing any conflict of interest by first identifying the potential conflict, disclosing the potential conflict, then executing one of the three options listed in this article.
Conflicts of interest and the duty of the insurance company to defend By Jason G. Schutte Civil Practice and Procedure, March 2017 When is an insured not required to utilize an insurer-retained attorney in defending an underlying lawsuit?
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Civil Practice and Procedure, December 2016 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
2 tortfeasors, 1 accident = 2 under-insured motorist claims with 1 policy limit By Jason G. Schutte Civil Practice and Procedure, November 2016 Can an insurance carrier “stack” liability policy payments received by a claimant as a set off against the claimant’s underinsured motorist claim? The First Appellate Court says no, but limits insurance company exposure in Illinois Emcasco Insurance Company v. Tufano.
Comparative fault not trumped by summary judgment on liability By Jason G. Schutte & B. Moses Brown Civil Practice and Procedure, August 2016 Illinois Appellate Court demonstrates that a ruling of summary judgment on duty and breach of duty against Defendant does not bar Defendant from presenting evidence on negligence and arguing comparative fault at trial.
2-622 certificate of merit not necessary in simple medical battery claim By Jason G. Schutte Civil Practice and Procedure, February 2016 Attorneys, claims adjusters and risk management professionals should pay close attention to the facts of Fiala v. Bickford Senior Living Group, LLC and the allegations within the plaintiff’s complaint.
Theories of contractor liability for jobsite inuries By Jason G. Schutte & Eric Waldman Construction Law, February 2016 This article outlines the theories of contractor liability for jobsite injuries under Restatement (Second) of Torts §414 and § 343, as well as the various exceptions to these theories and rules under Illinois law.
Failure to yield yields question of fact By Jason G. Schutte Civil Practice and Procedure, January 2016 The recent case of Griffin v. Cohen and Co-Co Pools, Inc. is a very good example of how difficult it is to win a summary judgment motion arising from an intersection car collision based upon the sole proximate cause defense.
The affidavit & success at summary judgment By Natalie Koepke & Jason G. Schutte Civil Practice and Procedure, October 2015 A discussion of the rules and case law governing the use of affidavits for summary judgment motions.
Power of Attorney’s execution of admission contract with arbitration clause is binding on principal’s common law and Nursing Home Care Act claims By Jason G. Schutte Elder Law, June 2015 An overview of the recent case of Fiala v. Bickford Senior Living Group, LLC.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Tort Law, March 2014 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Traveling employee theory does not extend to employer tort liability By Jason G. Schutte Civil Practice and Procedure, December 2013 The traveling employee concept from workers compensation cases cannot be utilized to hold an employer liable for its employee’s tortious conduct through respondeat superior. 
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Animal Law, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
No strict liability under the Illinois Animal Control Act By Jason G. Schutte Civil Practice and Procedure, August 2013 In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
The implied warranty of habitability and protecting your contractor and property vendor clients By Jason G. Schutte Real Estate Law, January 2013 This article will provide a brief history of the implied warranty of habitability, a description of who it applies to, the basic elements of a cause of action under the warranty and effective practices to disclaim the warranty.
It was a gift, not a loan—Prove it! By Jason G. Schutte & Eric Waldman Civil Practice and Procedure, September 2012 This article largely references the 4th District Appellate case of Barnes v. Michalski, in which Justice Appleton provided an exhaustive, informative and well-written analysis of Illinois law on presumptions of money transfers, burdens of proof, the statute of frauds and other issues.

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