Heyl Royster

 

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Attorneys Author IDC Quarterly Articles

09/30/2019

The Illinois Association of Defense Trial Counsel recently published the Third Quarter 2019 issue of the IDC Quarterly which includes two articles authored by Heyl Royster attorneys.

Roger Clayton, Mark Hansen, and Emily Perkins co-authored the Health Law column – “First District Holds Expert Redesignated as Consultant Is Entitled to Consultant’s Privilege Against Disclosure.” They discuss the implications of Dameron v. Mercy Hospital & Medical Center, a recent decision by the First District Illinois Appellate Court. In Dameron, an expert was first disclosed as a controlled expert witness, but later redesignated as a consultant. As a result of the timing of this change, the plaintiff’s attorneys were not required to disclose this expert’s work product. The expert’s opinions and work product became privileged. The takeaway is that timing is critical in determining who and when to disclose as an expert in medical malpractice cases.

Syed Ahmad and John Heil co-authored “Lewis v. City of Chicago: False Evidence and the Fourth Amendment,” the Civil Rights Update column. In Lewis, the plaintiff was arrested and detained for two years before charges were dropped and he was released. Although Lewis was undisputedly detained based upon false evidence provided by the arresting police officers, and his Fourth Amendment claim for wrongful pretrial detention was timely filed, his claim under the Fourteenth Amendment Due Process claim was dismissed. Heil and Ahmad examine the Due Process claim and why the Seventh Circuit affirmed the lower court decision.

Attorney John Heil also co-authored the 3rd Quarter issue’s Monograph – “Electronic Discovery in Illinois Five Years After the 2014 Amendments to The Illinois Rules of Civil Procedure.” John and his co-authors review and evaluate the history and current status of eDiscovery in both the Illinois and Federal Courts. According to the article’s summation, “a definitive path forward has not yet been established by the courts,” and “[a]s a consequence, the amendments did not revolutionize the practice of law – for good or bad – as many expected or feared.” Finally, “[a]s the bar . . . acclimates itself to the digital practice of law, the growing sophistication of practitioners may result in appellate decisions involving far more complex written discovery disputes than previously addressed.”

John Heil is an IDC Board member and chair of the Civil Practice Committee, Mark McClenathan is also a member of the Board of Directors. Craig Unrath is chair of the IDC Amicus Committee, and Patrick Cloud is chair of the Insurance Law Committee.