Hospital vicarious liability; wrongful death claims past repose; Lakefront Trail liability on IL Sup Ct Sept call
In September, the Illinois Supreme Court is set to hear oral arguments in 16 cases, including to resolve questions of whether hospitals can be held liable for malpractice at other clinics; whether plaintiffs can add wrongful death claims to medical negligence lawsuits outside the statute of repose; and whether the Chicago Park District can be sued by a bicyclist who fell over a crack in the Lakefront Trail.
The Illinois Supreme Court's decision earlier this year to punt on the question of whether hospitals should maintain property tax exemptions could yet prove costly for some hospitals, until the state high court ultimately clears up legal questions surrounding the exemptions for the nonprofit health care organizations.
The Illinois Supreme Court could soon decide whether hospitals in Illinois should be allowed to avoid paying property taxes, or whether a state law used to grant them tax exemptions should be declared unconstitutional. Or the court could simply sidestep the matter for now, and instead await the arrival of a different case better suited for addressing the sticky legal questions.
The Illinois First District Appellate Court has upheld a Cook County Circuit Court ruling that an increase in the state’s cigarette tax does not violate the state constitution. Casey’s Marketing Company, which operates hundreds of Casey’s General Store convenience stores, filed the initial complaint in the wake of state legislation in 2012 to roughly double the per cigarette tax charged to those who sell them.
A state appellate panel has struck down an Illinois law providing tax exemptions to hospitals, saying lawmakers erred under the state constitution in believing hospitals should be able to avoid paying property taxes because they may provide enough benefits to their communities to offset the millions of dollars in tax revenue lost to cities, counties, school districts and other local property tax-collecting entities.
Illinois has asked a judge to keep an automotive business from operating without a license.