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Cook County Jury Awards $4.1 Million Verdict

   On July 18, 2017, a Cook County jury awarded a $4,111,477 verdict against Clare Oaks Assisi Healthcare Center. The case arose out of the death of Dolores Trendel, an 85 year-old woman, who was transferred to Clare Oaks in February of 2011 for physical therapy after suffering a fractured hip from a fall at…

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Anderson, Rasor & Partners, LLP, announces addition of new associates!

Anderson, Rasor & Partners, LLP, is pleased to announce the addition of Rabiya Bilfaqi, Justin Evan, Mark Galler, Candice Rudd and Mary Volk as associates.

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CMS’ New Proposed Rule Repeals Ban on Nursing Home Arbitration Agreements

The Centers for Medicare & Medicaid Services (CMS) has taken two significant steps away from its prior proposed ban on mandatory arbitration agreements in the long term care setting, abandoning its appeal of a decision blocking implementation of a prior rule banning mandatory arbitration agreements, and issuing a new proposed rule rescinding its prior ban…

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U.S. Supreme Court Holds Federal Arbitration Act (FAA) Preempts Kentucky Law Disfavoring Arbitration Agreements

On May 15, 2017, the Supreme Court of the United States held in Kindred Nursing Centers, L.P. v. Clark, No. 16-32, that state courts are pre-empted by the Federal Arbitration Act (“FAA”) from singling out arbitration agreements for disfavored treatment. At issue in the underlying case were powers of attorney held by respondents, the wife…

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Proposed amendment to the Nursing Home Care Act for complaints made to the Illinois Department of Public Health

A controversial State bill has been proposed which, if passed, would amend the Nursing Home Care Act to require identifying information from individuals who make complaints against nursing homes. Under the proposed amendment, the identifying information would be kept confidential by the Illinois Department of Public Health but State investigators could gain access to this…

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Bill Proposes Amendment to Nursing Home Care Act to Clarify Definition of “Resident’s representative”

A bill was recently proposed that would amend the Illinois Nursing Home Care Act (“NHCA” or the “Act”) to clarify the definition of “Resident’s representative.” Currently, a “Resident’s representative” is (1) someone other than the owner of the facility that is not related to the resident, or (2) an employee or agent of the facility…

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In Memoriam, Timothy J. Murphy

In Memoriam Timothy J. Murphy December 3, 1954 – April 4, 2017 Accomplished lawyer, dedicated counselor, longtime colleague and friend, ARP Partner Tim Murphy will be greatly missed. He always strove to be his best and made it a point to live life to the fullest. Tim’s enthusiasm and positivity were contagious. We mourn his…

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Second District Illinois Appellate Court rules on Quality Assessment and Assurance Protection Act

Second District Illinois Appellate Court rules that nursing home investigation reports are not privileged pursuant to the Quality Assessment and Assurance Protection Act. In Lindsey v. Butterfield Health Care II, Inc., the plaintiff appealed the judgment of the circuit court of DuPage County, requiring production of investigation reports the defendant Butterfield Health Care II, Inc.…

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Our attorneys that have been recognized as 2017 Illinois Super Lawyers

The following attorneys were selected for inclusion in the 2017 edition of Illinois Super Lawyers Magazine, a publication of Thomson Reuters: Personal Injury/Medical Malpractice – Defense William C. Anderson, III Mark J. Lura Transportation/Maritime Susan K. Laing Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and…

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Anderson, Rasor and Partners, LLP, is proud to announce our attorneys that have been recognized as 2017 Illinois Rising Stars!

The following attorneys were selected for inclusion in the 2017 edition of Illinois Super Lawyers Magazine, a publication of Thomson Reuters: Personal Injury/Medical Malpractice – Defense Rachael G. Levy Alexis A. Lumell Kristen J. Zaharski Transportation/Maritime Christopher T. Scolire The Rising Stars distinction recognizes the top up-and-coming attorneys in Illinois. To be eligible, an attorney…

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