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Cischke, Yukich Secure Dismissal for Indiana Hospital in Jurisdictional Dispute

June 6, 2022

In an action filed in Cook County, Johnson & Bell Shareholder, Stacey A. Cischke, and Attorney, Daniel M. Yukich, obtained a dismissal for an Indiana hospital pursuant to forum non conveniens and lack of personal jurisdiction.  In this dispute, plaintiff filed a medical malpractice and wrongful death action against an Indiana hospital and its employees.  The lawsuit stemmed from an incident occurring in June 2020 in Lake County, Indiana. In their motion to dismiss pursuant to forum non conveniens and personal jurisdiction, Cischke and Yukich argued that the Indiana Hospital and some of its employees were not subject to the jurisdiction of Cook County for multiple reasons. The Court agreed. In its written opinion, the Court also agreed with defendant’s motion to dismiss pursuant to forum non conveniens, ruling that the private and public interest factors favored dismissal and that Lake County, Indiana was the proper venue. This decision substantially impacts the value of any potential damages as the case will now be subject to the laws of Indiana, including caps on non-pecuniary damages.

Johnson & Bell Shareholder, Sharon L. Stanzione, also has been working on this matter and will lead the defense team as this dispute goes forward in Indiana courts.

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