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.
Out of State
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July 13, 2009 |
Practice News
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July 13, 2009 |
Member Services
A Glimpse at Illinois Lawyer Finder Referrals
The ISBA's Illinois Lawyer Finder phone service provides referrals to local lawyers Mondays through Fridays and in a number of areas of law. For the month of May 2009, ISBA helped 588* people in need of legal services find lawyers in the following areas:- administrative law (5)
- animal law (3)
- bankruptcy (18)
- business law (11)
- civil disputes (67)
- civil rights (12)
- collection (15)
- consumer protection (12)
- contracts (6)
- criminal law (50)
- education law (12)
- elder law (2)
- employment law (73)
- estate/probate law (18)
- family (103)
- government benefits (4)
- health law (2)
- immigration (1)
- insurance disputes (5)
- intellectual property (6)
- miscellaneous (1)
- municipal law (12)
- personal injury (78)
- real estate (47)
- social security (3)
- tax (10)
- workers compensation (12)
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July 9, 2009 |
Events
The American Constitution Society held its "Sixth Annual Supreme Court Term in Review" Thursday afternoon at Mayer Brown LLP, 71 S. Wacker, Chicago. The panel consisted of Jeffrey W. Sarles, Partner, Mayer Brown; Gary Feinerman, Partner, Sidley Austin LLP and former Solicitor General of Illinois; Colleen Connell, Executive Director of the ACLU of Illinois; and Steven J. Heyman, Professor, Chicago-Kent College of Law. The panel was moderated by Steve Sanders, an Associate at Mayor Brown.
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July 8, 2009 |
Practice News
As Helen Gunnarsson will report in more detail in the August Illinois Bar Journal, a fresh burden for lawyers is on the horizon, and the ABA, ISBA, and other bar associations are objecting on their members’ behalf. Effective August 1, a new FTC rule will oblige most lawyers to develop written protocols to detect and address the “red flags” of identity theft. As the ABA says in its statement about the rule, applying it to lawyers “would impose an undue burden on law firms, especially solo practitioners, and would accomplish very little.” Rockford lawyer J. Joseph McCoy summarizes the rule and its implications for lawyers nicely in his article “FACTA’s ‘Red Flags’ Rule May Apply To Law Firms,” which appears in the June 2009 issue of the ABA’s GP/Solo Technology eReport. The general FTC site has a helpful page consolidating its Red Flags Rule resources.
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July 8, 2009
Illinois Attorney General Lisa Madigan will announce that she will seek re-election -- and not run for governor or the U.S. Senate, the State Journal-Register is attributing to a report from the Washington Post. Madigan has called a 2 p.m. press conference. More from the Sun-Times' Lynn Sweet Hinsdale lawyer and lawmaker Kirk Dillard will announce his candidacy for Illinois governor later today, according to an AP story.
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July 7, 2009
Central Illinois
- Woman gets 6 years for cutting brother-in-law during sex, Bloomington Pantagraph
Chicago area
- Barnes & Thornburg adds 5 BigLaw laterals in Chicago, ABA Journal
- Charges dropped in 20-year-old murder case, Chicago Sun-Times
Northern Illinois
- Quad-City Die Casting union files charges with NLRB, Quad-City Times
- Rockford design firm sued for piracy, fraud, Rockford Register Star
Southern Illinois
- Foreclosure rates double in Madison County, triple in St. Clair, Belleville News-Democrat
Nation
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July 6, 2009
State
- U. of I. chancellor: Clout system must be fixed, Chicago Tribune
Central Illinois
- Former Clinton cop pleads guilty to stealing evidence, Bloomington Pantagraph
Chicago Area
- Former Cook County State's Attorney Dick Devine joins Resolute Systems, Illinois Lawyer Now
- Jenner & Block ranked top pro bono law firm, ABA Journal
Southern Illinois
- Judge delays ruling in lawsuit over Coleman murders, St. Louis Post-Dispatch
- DUIs kept in check at roadside stops over holiday weekend, Belleville News-Democrat
Nation
- In two states, a lower bar for conviction, New York Times
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July 6, 2009 |
Practice News
Last week the Supreme Court of Illinois issued new Illinois Rules of Professional Conduct to take effect Jan. 1, 2010. New Rule 3.9 has created quite a buzz among the lawyer-lobbyists as to what it means. It may have broader applicability than those of us who lobby in Springfield to include appearances before other governmental bodies. The Rule states that “A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.” The incorporation of Rule 3.5 creates the buzz. Rule 3.5 prohibits ex parte communication with an official during the proceeding. Can this be construed to prohibit all lobbying by a lawyer-lobbyist unless it is part of a scheduled public hearing? In other words, is all I can do to lobby is testify in committee? No position papers to elected members of the General Assembly? No one-on-one individual lobbying? I can’t imagine that was the intent. Rule 3.5’s title is “Impartiality and Decorum of the Tribunal.” Key word is “tribunal.” It is defined in Rule 1.0(m) as follows: “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.
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July 6, 2009 |
ISBA News
Chicago Sun-Times Advertising Critic Lew Lazare discussed the Illinois State Bar Association's Lincoln mosaic poster in today's column: The organization's latest marketing initiative from & Wojdyla is a poster that features a prominent image of Abraham Lincoln, perhaps Illinois' most famous -- and readily recognizable -- attorney. But recently a few other attorneys with strong connections to Illinois also have become almost as famous as Lincoln, and they are included in the dense collage of tiny headshots of past or present ISBA members that are superimposed over the poster's dominant Lincoln image. ISBA members can also submit their photo to danderson@isba.org to be seen in the next edition of the poster. Click here to read the full story (3rd item) Click here to order the poster
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July 6, 2009 |
Member Services
The Power of Peer Discussion
Got substantive law or practice management questions? Get answers, maybe in minutes. All ISBA members are eligible to join ISBA e-mail discussion groups, where you can pose questions and share information with lawyers from Chicago to Cairo (Illinois that is.) Available discussion groups include “general discussion” (open to all law-related topics), “ISBAcafe”, “litigation”, “transactional law”, “family law”, and “criminal-DUI-traffic”. Members who sign up for one or more discussion groups can also search those groups’ archived posts. Here’s what your fellow members are saying about the ISBA e-mail discussion groups … “It's like having all the benefits of a partnership without the office politics." Melissa Maye, Yorkville "Thanks for all your quick responses. WOW!!! This list is so great!" Peggy Raddatz, La Grange Click here to join the discussion