Section Newsletters

Articles From Michael J. Marovich

An alternative approach in Illinois for dealing with the United States Supreme Court decision in U.S. Airways v. McCutchen as applied to ERISA claims for reimbursement By Michael J. Marovich Tort Law, June 2015 Based on the McCutchen ruling, plaintiff attorneys must become more diligent in reviewing an ERISA plan’s actual reimbursement language.
When is an expert not really an expert? By Michael J. Marovich Civil Practice and Procedure, October 2007 In the case of Somers v. Quinn, the plaintiff appealed the trial court’s granting of defendant’s motion in limine to bar plaintiff’s expert’s testimony and the court’s refusal to grant plaintiff a continuance to find another expert.
Requests to Admit: Vision Point of Sale v. Haas By Michael J. Marovich Civil Practice and Procedure, December 2006 On November 29, 2006 the Illinois Supreme Court granted a petition for leave to appeal in the case of Vision Point of Sale, Inc. v. Haas, 366 Ill.App.3d 692, 852 N.E.2d 331 (1st Dist. 2006).
Bankruptcy may sound death knell for subsequent civil action By Michael J. Marovich Commercial Banking, Collections, and Bankruptcy, November 2006 A potential client comes to your office to discuss a possible new civil case that he seeks representation on.
Bankruptcy may sound death knell for subsequent civil action By Michael J. Marovich Civil Practice and Procedure, September 2006 A potential client comes to your office to discuss a possible new civil case. He tells you that he wishes to file a civil matter seeking money damages against some person or company and asks if you will handle it for him.
First District rules that two-year limitation provision in uninsured motor vehicle policy is void as against public policy By Michael J. Marovich Civil Practice and Procedure, April 2006 It is quite common for insurance carriers to place a two-year deadline from the date of a collision to make a demand for uninsured motor vehicle coverage in their automobile insurance policies.
Criminal acts exclusion in auto gap insurance policy applies to driving under the influence By Michael J. Marovich Civil Practice and Procedure, January 2006 In Bohner v. Ace American Insurance Company, 359 Ill. App. 3d 621, 834 N.E.2d 635 (2nd Dist. 2005), the Second District Illinois Appellate Court held that the criminal acts exclusion in an automobile gap insurance policy applies in a driving-under-the-influence case.
Fourth Appellate District rules that workers’ compensation lien is waived if comp settlement contract does not preserve comp lien By Michael J. Marovich Civil Practice and Procedure, December 2005 Perhaps one of the most confusing and frustrating aspects of any personal injury attorney’s practice is dealing with liens on any settlement or verdict proceeds.
Clients with no health insurance: A new way to help them get their medical bills paid By Michael J. Marovich Civil Practice and Procedure, November 2005 It is not uncommon, as a practicing Plaintiff’s personal injury attorney, to get a new client with catastrophic injuries and humongous medical bills.
Confidentiality clauses may cause tax liability for plaintiffs in personal injury actions By Michael J. Marovich Civil Practice and Procedure, November 2005 After litigating a case for years, a just and fair settlement is reached between the parties.
Evidence deposition testimony complies with Supreme Court Rule 213’s duty to supplement By Michael J. Marovich Civil Practice and Procedure, September 2005 With the adoption of Supreme Court Rule 213 regarding the duty to disclose opinion witnesses and their opinions, every decision is important for the litigating attorney.
Sending answers to Rule 213 interrogatories to doctor before his evidence deposition violates Petrillo By Michael J. Marovich Civil Practice and Procedure, June 2005 Often in a personal injury case it becomes necessary for counsel to take the deposition of one of plaintiff's treating physicians.
Can a plaintiff climb out of the pothole issue? By Michael J. Marovich Civil Practice and Procedure, February 2005 Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
Illinois paves the way with new “providing alcohol or drugs to minors” legislation By Michael J. Marovich Civil Practice and Procedure, December 2004 On two separate occasions in the past nine years, the Illinois Supreme Court has been called to address the issue of social host liability for serving of alcoholic beverages to minors.
Supreme Court Rule 216 offers a potential method to recover the expense of an evidence deposition after the Vicencio decision By Michael J. Marovich Civil Practice and Procedure, November 2004 In preparing for trial, I have seen plaintiff's attorneys send to defense counsel requests to admit facts that seek admissions regarding the causal connection of medical treatment and the reasonableness of the medical bills in an effort to avoid the expense of taking evidence depositions of doctors or medical records personnel.
Edited surveillance videotape of plaintiff ruled inadmissible By Michael J. Marovich Civil Practice and Procedure, October 2004 It is often a plaintiff attorney's nightmare to learn that the defendant or his insurance carrier has videotaped the plaintiff and has caught him or her doing activities that they claimed they were not capable of doing.
De novo review of underinsurance arbitration awards By Michael J. Marovich Civil Practice and Procedure, May 2004 Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
Plaintiffs are entitled to submit entire amount of billed medical expenses without any reduction for discounts their health insurance carrier received By Michael J. Marovich Civil Practice and Procedure, February 2004 Recently there has been a flurry of activity by defense attorneys to attempt to limit the damages submitted by the plaintiff to the jury regarding the amount of the plaintiff's medical bills.
Strategic use of vehicular damage evidence in personal injury litigation: An update By Michael J. Marovich Civil Practice and Procedure, January 2004 In the November 2002 Trial Briefs publication, I wrote an article regarding the strategic use of vehicular damage evidence in personal injury litigation.
Beware of the pitfalls of Supreme Court Rule 216 By Michael J. Marovich Bench and Bar, November 2003 All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 341 Ill.App.3d 984, 793 N.E.2d 919 (1st Dist. 2003) and Montalbano Builders, Inc. v. Rauschenberger, 341 Ill.App.3d 1075, 794 N.E.2d 401 (3rd Dist. 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216. The two cases illustrate the perils of failure to strictly comply with Rule 216.
Recovery of evidence deposition and transcription costs: An update By Michael J. Marovich Civil Practice and Procedure, November 2003 In Vicencio v. Lincoln-Way Builders, Inc, 204 Ill.2d 295, 789 N.E.2d 290 (2003), the Illinois Supreme Court resolved a split in the lower courts as to whether a plaintiff may recover as taxable costs the professional appearance fees of a treating physician.
Beware of the pitfalls of Supreme Court Rule 216 By Michael J. Marovich Civil Practice and Procedure, September 2003 All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 2003 WL 21498945 (Ill. App. 1 Dist., June 30, 2003) and Montalbano Builders, Inc. v. Rauschenberger, 2003 WL 21742271 (Ill. App. 3 Dist., July 25, 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216.
Medical lienholders beware By Michael J. Marovich Civil Practice and Procedure, May 2003 Any plaintiff's personal injury attorney eventually will have to deal with a health insurance carrier's attempts to collect healthcare payments made on behalf of a personal injury victim from the proceeds of any settlement or judgment
ERISA remedial powers and plan reimbursement claims By Michael J. Marovich Civil Practice and Procedure, December 2002 Any attorney practicing in the field of personal injury law inevitably faces claimed rights to reimbursement from an injured party's health insurance company.
Strategic use of vehicular damage evidence in personal injury litigation By Michael J. Marovich Civil Practice and Procedure, November 2002 Litigants often seek to use evidence about the extent of vehicular damage to influence a jury's assessment of the severity of resulting personal injuries.
Are opinion witness deposition fees and transcription costs taxable as costs after judgment By Michael J. Marovich Civil Practice and Procedure, April 2002 Between 1999 and today, there has been an increase in Illinois Appellate Court decisions regarding whether a prevailing party in litigation may recover opinion witness fees and transcription costs as taxable costs after judgment is entered.

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