Airdo Werwas LLC Airdo Werwas LLC

Illinois Appellate Court Allows Plaintiff to Pursue Aggressive Approach to Legal Fees and Costs Under the Nursing Home Care Act in Recent Decision

attorney

Under the Nursing Home Care Act, a successful plaintiff is typically allowed to recover their attorney fees. Prior to the recent Appellate Court opinion in Grauer v. Clare Oaks, a court typically granted attorney fees under the Lodestar Method. Under this method, reasonable fees are calculated by multiplying the number of hours reasonably spent by the attorney on the litigation by a reasonable hourly rate. However, the Appellate Court in Grauer v. Clare Oaks held that a successful plaintiff may recover their attorney fees pursuant to a 1/3 contingency fee agreement. In light of the Grauer opinion, the Plaintiffs’ bar may begin routinely seeking Lodestar fees on small verdicts and contingency fees on large verdicts.

Click here for a more detailed summary of the Court’s opinion.

Categories: 
Related Posts
  • Latest: FTC Non-Compete Agreement Ban On Hold (For Now) Read More
  • New DOL Rule Raises Salary Thresholds for FLSA Overtime Exemptions Effective July 2024 Read More
  • Illinois Governor Signs BIPA Amendment Limiting Damages for Businesses Read More
/