1:30

Welcome & Introductions

1:45 - 2:45

Preserving Issues on Appeal

Presented by: Andrew Corkery, Pitzer Snodgrass, P.C. and David Warnick, Johnson & Bell, Ltd.

• Andrew Corkery and David Warnick will discuss preserving issues on appeal. The presentation will discuss common mistakes in preserving issues on appeal. The presentation will discuss pre-trial, trial, and post-trial issues that arise in preserving the record on appeal. In particular, the presentation will discuss the requirements of post-trial motions under the Illinois rules.

2:45 - 3:45

Interpreting EMR Audit Trails

Presented by: Saira Pasha, Audit Trail Pro, Inc.

• Ms. Pasha will discuss the basics of EMR audit trails (what they are and how they are generated), data requirements (and how to fix deficiencies), and beginner level analysis of common audit trail issues such as note/flowsheet modifcation and backdating.

3:45 - 4:45

Personal Jurisdiction

Panelists: John M. Fitzgerald, Tabet DiVito & Rothstein LLC and Scott Howie, Donohue Brown Mathewson & Smyth LLC
Moderated by: Donald Patrick Eckler, Freeman, Mathis & Gary, LLP

• A panel discussion regarding the likely impact of Mallory v. Norfolk Southern Railway Co. especially in light of the decision in Ford Motor Co. v. Montana Eighth Judicial District, with two experienced appellate practitioners who have handled important personal jurisdiction cases. They will also discuss the recent Illinois decisions of Kothawala v. Wole Leaf, LLC and Hill v. Cottrell. Finally, they will discuss the manner to respond to these developments.

Andrew Corkery is of counsel at Pitzer Snodgrass P.C. in St. Louis. His practice concentrates on defense of transportation and medical malpractice cases. He is a cum laude graduate of St. Louis University School of Law. He is Chair of the IDC Civil Practice Committee and serves as a member of the IDC Amicus committee.       

Donald Patrick Eckler is a partner at Freeman, Mathis, & Gary, LLP, handling a wide variety of civil disputes in state and federal courts across Illinois and Indiana. His practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. In addition to representing doctors and lawyers, Mr. Eckler represents architects, engineers, appraisers, accountants, mortgage brokers, insurance brokers, surveyors and many other professionals in malpractice claims.

John M. Fitzgerald is a partner at Tabet DiVito & Rothstein LLC. He is a trial and appellate lawyer who focuses his practice in business and commercial litigation, constitutional and governmental litigation, and professional liability defense. John represents clients in a variety of industries, including construction, health care, public accounting and manufacturing. He also frequently represents other attorneys in disputes with their partners and law firms. John served as the 53rd President of the Appellate Lawyers Association (ALA), an association of lawyers who practice in courts of review and judges who serve on those courts.

Scott Howie is a partner with Donohue Brown Mathewson & Smyth LLC, where concentrates his practice on civil posttrial matters and appeals. In hundreds of appeals over nearly 30 years, he has written more than 500 appellate briefs and delivered well over a hundred oral arguments, including several each in the Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit. A past president (2021–22) of the Appellate Lawyers Association, he serves by appointment of the Illinois Supreme Court on the E-Business Policy Advisory Board, which formulates standards for electronic and online procedures, and is also a member of the amicus committee of the Illinois Chamber of Commerce, which advocates the interests of the business community in cases before the state supreme court.

Saira Pasha is the owner of Audit Trail Pro. She works as a consultant, expert witness, and instructor for audit trail and other EMR issues in medical malpractice cases. Prior to becoming a consultant, Ms. Pasha worked as a claims professional for Ismie and Advocate Healthcare. She completed her undergraduate degree in operations and information Management (emphasis: information systems) at Northern Illinois University and her law degree at Chicago-Kent College of Law.

David Warnick is a shareholder at Johnson & Bell, Ltd. handling a wide spectrum of matters in litigation ranging from products liability to commercial transportation litigation and many things in between. Mr. Warnick is the vice chair of IDC’s Civil Practice Committee. Mr. Warnick typically represents primary/excess insurers, trucking companies, and a variety of different types of business owners and healthcare providers in all aspects of litigation in both state and federal courts throughout Illinois. Mr. Warnick currently serves as the Vice Chair of the IDC Civil Practice Committee.