CM Partners Victorious On Appellate Rehearing
In Stuckey v. The Renaissance at Midway, CM partners Rodd Elges and Melinda Kollross recently succeeded in the difficult task of convincing an appellate court to reverse itself on rehearing. The case involved interpretation of the Illinois Mental Health and Developmental Disabilities Confidentiality Act. CM trial attorney Rodd Elges argued to the trial court that the Act precluded discovery of certain confidential long-term healthcare records. The trial court disagreed and ordered production. CM pursued an interlocutory appeal and the Illinois Appellate Court, First District affirmed based on an exception to the Act. Rodd and Melinda immediately petitioned for rehearing; arguing that the Plaintiff had waived reliance on any exceptions, that the exception that the appellate court relied upon in affirming was inapplicable, and that, in any event, the trial court had not made the requisite findings to invoke the exception. The appellate court agreed, vacated its initial ruling, and reversed the trial court’s order requiring production of the documents at issue. The published opinion is available at 2015 IL App (1st) 143111.