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Attorneys Author IDC Quarterly Articles

06/30/2020

The Illinois Association of Defense Trial Counsel recently published the Second Quarter 2020 issue of the IDC Quarterly which features three articles written and co-written by Heyl Royster attorneys.

Roger ClaytonEmily Perkins, and Devin Taseff co-authored the Health Law column – “Summary Judgment for Hospital Reversed under Apparent Agency Theory.” In Williams v. Tissier, the Illinois Appellate Court, Fifth District reversed the lower court decision, holding that a genuine issue of material fact existed as to whether an obstetrician was an apparent agent of the hospital. Unclear consent forms and the variety of online and physical media left little doubt in the mind of the court that the doctor was held out as an agent of the hospital.

Keith Hill authored “A Police Officer Does Not Have a Protected Property Interest in Promotion Examination Free from Cheating or Rigging,” the Civil Rights Update column. According to Word v. City of Chicago, a police officer may have an expectation that a promotion examination would be fair, but even though Illinois law supports that expectation, it does not create a constitutionally protected property interest. Twice passed over for promotion to lieutenant by lesser scores, Sergeant Wind learned that certain senior members of CDP leadership had shared test content with a group of individuals who then formed a study group, effectively cheating their way to passing scores. Although patently unfair, the court found that the defendant lacked a legitimate entitlement to a fair exam.

Patrick Cloud co-authored the Second Quarter issue’s Monograph – “Rise of the Machines: Cyber-based Liability and Its Attendant Coverage Questions.” The Monograph provides an overview of cyber-related claims associated with security breaches, and the state of insurance coverage for cyber-related and data breach claims. As the article concludes, “the rise of cyber-related and data breach risks poses challenges to both insureds and insurers,” and “as cyber-related and data breach risks become more prevalent in modern economic life . . . a focus must be made to refine insurance products for these risks so that insurers can appropriately price the risk and insureds can ensure that they obtain the right coverage for these risks.

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 vice chair of the Insurance Law Committee.