Special Events

Robert A. Dawczak and Johanna Tracy successfully litigated an appeal over vacating a contempt finding against their client in June, 2010.  The appellant court reversed the trial court and vacated the contempt finding due to improper notice.  In re:  Marriage of Nanette Brookins.

Vivian Tarver-Varnado served as a Judge for the Fifth Annual John Marshall Law School National Undergraduate Mock Trial Competition. The mock trial included 53 undergraduate participants of 18 teams. The mock trial was held April 4, 2008 and April 5, 2008.

David E. Morgans and Mary Spring Luce have litigated an insurance coverage case that resulted in a first-of-its-kind Illinois opinion on the topic of an insurer's control of the defense following the issuance of a reservation of rights letter. In Great West Casualty Co. v. DeKeyser Express, Inc., , 475 F.Supp.2d 772 (C.D.Ill., November 29, 2006), firm client Great West contended that it could direct its defense counsel to move to dismiss a covered count while refraining from moving against the remaining, non-covered count (there being no legal basis upon which to move for dismissal). The insured argued that such a tactic showed that the insurer was operating under a conflict of interest, entitling the insured to control its defense via Peppers counsel. While the court ultimately found, on other grounds, that Peppers counsel should be retained, it weighed in as follows: "Furthermore, any good defense attorney should try to get dismissible claims dismissed and succeeding is hardly grounds for accusing an attorney of not acting in the insured's best interest or for throwing out an insurer's right to control litigation." For years, ethics-minded defense attorneys have debated this particular problem back and forth. Now, we finally have a published opinion that provides insight on a ticklish issue.

J. Scott Myers continues in his appointment to the Legal Task Force of the Illinois Health Care Association. This ongoing appointment provides Scott with a forum to continue his work providing guidance and counsel to nursing home owners, administrators and insurers as an expert in the evolving field of Nursing Home and Assisted Living Litigation. Scott has been recognized nationally through his various speaking invitations and his organizational work with owners and insurers as one of Illinois' foremost experts in this burgeoning field.

Robert A. Dawczak argued and won the case of Berg v. Allied Security in the Illinois Supreme Court. Berg involved a plaintiff who complained of being assaulted in the parking lot of an office complex. The defendants obtained summary judgment and the plaintiff appealed. The appellate court reversed and the defendants appealed to the Illinois Supreme Court. The Supreme Court initially ruled against the defendants and affirmed the reversal. On the defendant's motion to reconsider, the Supreme Court accepted the petition, reversed itself and entered judgment for the defendant. Berg v. Allied Security, 193 Ill. 2d 186, 737 N.E.2d 160 (2000).

Robert A. Dawczak successfully prosecuted an appeal before the Illinois Appellate Court for the First District in a case of first impression dealing with the issue of apportioning fault on the verdict form against the plaintiff where a case proceeds to trial only on a third party complaint for contribution. In Ewanic v. Peppers, 305 Ill. App. 3d 564, 712 N.E.2d 852 (1st Dist. 1999), the First District held that where a defendant settles with plaintiff and then goes to trial on a third party complaint for contribution, the plaintiff's percentage of fault is not apportioned by the jury on the verdict form, since the plaintiff's fault is already taken into account in the settlement amount paid by defendant to the original plaintiff, and cannot be "double counted" for the benefit of the non-settling third party defendant.

Verdicts

On November 3, 2008 Jason M. Sax obtained a "not guilty" jury verdict in favor of defendant nursing home, Prairie Village Health Care Center, Inc., in the case entitled Joyce McLean, Independent Administrator of the Estate of Jane Pullings, Deceased, vs. Prairie Village Healthcare Center, Inc., d/b/a Prairie Village Healthcare Center and James Bohan, MD, Case No.  2005 L 11, filed in the Circuit Court of Morgan County, Illinois.  The plaintiffs claimed the facility failed to provide proper tube feeding calories and protein, failed to provide sufficient fluid intake, failed to properly monitor plaintiff's metabolic status and filed to timely notify the attending physician of significant changes which ultimately caused severe malnutrition, dehydration and subsequently, death.  The jury entered a verdict of not guilty for all defendants. 

In June, 2002 J. Scott Myers obtained a "not guilty" verdict in favor of Covenant Ministries in the case entitled Plechaty v. Covenant Ministries, Case No. 00 LK 0200, filed in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. Plaintiffs, 89, was a volunteer worker in a retirement hotel facility, tripped and fell over a rubber mat in a hallway. Defendant denied liability. Fractured hip, dropped foot, $126,000 medicals. Demand $175K, Offer: None. Asked: $378K.

Speaking Engagements

September 23, 2010

J. Scott Myers spoke at the Defense Research Institute - 2010 Nursing Home/ALF Litigation Seminar on 9/23/10.  His lecture was entitled How to Use "Under-Utilized Employees" to Defend Your Claims.  Scott has frequently been asked to lecture on various topics relating to litigation of claims against long term care facilities.  He has also testified before the Illinois legislature on various issues relating to Nursing Homes. 

September 16, 2008
J. Scott Myers spoke by invitation at the Life Service Network Foundation, Senior Living Conference. His presentation was entitled "Tips to Stay out of Court."

April, 2008
Vivian Tarver-Varnado spoke by invitation at Truman College on the Legal Aspects of Nursing.

January, 2008
Vivian Tarver-Varnado spoke by invitation at John Marshall Law School. Her presentation was entitled "Taking and Passing the Bar the First Time."

October 18, 2007
J. Scott Myers spoke by invitation at the PCRRG national Risk Management Fall Forum. Their presentation was entitled "Critical Event Management."

April, 2007
Vivian Tarver-Varnado spoke by invitation at Truman College on Avoiding Litigation in Nursing.

January 11 and 17, 2007
J. Scott Myers spoke by invitation at the Illinois Institute for Continuing Legal Education, Negligence Seminar. His presentation was entitled "Preparing the Case for Defense."

November 9, 2005
J. Scott Myers spoke by invitation at the Assurance Eduational Seminar, Senior Care Strategies: Regulations, Liability, Loss Prevention and Workers' Compensation. His presentation was entitled "Managing Facility Risk, Conducting the Internal Investigation."

March 9, 2005
J. Scott Myers testified by invitation at the State of Illinois Senate Judiciary Committee, Hearings on Medical Malpractice Reform. His remarks to the Committee pertained to legal aspects related to reform for nursing homes in Illinois.

May 5, 2004
J. Scott Myers spoke by invitation at the AssureCare Members Seminar regarding conducting the internal investigation.

March, 2004
J. Scott Myers spoke by invitation at the Renaissance at South Shore Annual Physician's Dinner regarding nursing home litigation: facility and physician liability.

February, 2004
J. Scott Myers spoke by invitation at the Illinois Counsel on Long Term Care. His presentation was entitled "The Witness Stand: Every Nurse's Nightmare."

May 20, 2003
J. Scott Myers spoke by invitation at the Illinois Association of Certified Public Accountants annual meeting. He addressed issues relating to health care law and nursing home statutory developments and litigation.

March, 2003
J. Scott Myers spoke by invitation at the Strategies for Managing Risk in the Long Term Care Setting. His presentation was entitled "Nursing Home Litigation: Strategies for Minimizing a Nursing Home's Losses."

November 14, 2002
J. Scott Myers lectured by invitation at the Lawyers and Judges Publishing Company Symposium on Nursing Home Litigation in Tucson, Arizona on the subject of nursing home defense tactics and litigation strategy.

October 26, 2002
J. Scott Myers, was an invited guest lecturer on the topic of "Nuts and Bolts: Defending the Nursing Home," at a nursing home litigation seminar sponsored by Lawyers and Judges Publishing Company in Scottsdale, Arizona

August, 2002
J. Scott Myers, was an invited guest lecturer on the topic of "Overview of Federal Regulations and OBRA 87" at Professional Education Systems Institute, LLC (PESI) North Central Regional Conference.