A recent issue of IDC Quarterly (the professional journal of the Illinois Defense Counsel) includes a regular appellate practice column by Irina Dmitrieva and an article on medical malpractice by Anton “Tony” Marqui.

In her regular Appellate Practice column, Dmitrieva reviewed recent appellate precedent invalidating arbitration provisions in consumer contracts. In two of these cases, the Appellate Court focused on the inequality in consumers’ abilities to negotiate the terms of the proposed arbitration agreements. The court concluded that this inequality rose to the level of the provisions being substantively and procedurally unconscionable. In another case, the Court found that a medical records company lacked documentation to prove that a consumer had agreed to binding arbitration when consenting to the online user agreement.

In his Medical Malpractice/Healthcare Law article, Marquis examined two appellate court cases dealing with proximate cause in medical negligence actions. Both cases involved patients with mental health issues. Marqui’s analysis noted that each case had similar fact patterns, but he pointed to key distinctions in their legal causes. Plaintiff’s expert in the first case detailed notable deviations in the standard of care (a fact pattern), whereas the second case involved a question of foreseeability (an issue of legal causation).

Dmitrieva, a partner in the firm’s Chicago office, is a highly experienced appellate litigator with more than 20 years of success in federal and state appellate courts representing both private clients and governmental entities. Prior to joining HeplerBroom, she served as the sole appellate attorney for the Chicago Transit Authority (one of the largest mass transit companies in the United States).

Marquis, also a partner in the firm’s Chicago office, defends hospitals, long-term care facilities, physicians, dentists, and other healthcare providers in malpractice actions. He deftly manages all phases of civil litigation with successful results, from early dismissal to defense verdicts at trial. He has also achieved favorable outcomes through arbitration and mediation.