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Articles Tagged with Temporary Restraining Order

The Center for Disease Control and Prevention (“CDC”) and the Illinois Department of Health (“IDPH”) have set guidelines for healthcare facilities, including nursing homes, and other long-term care facilities amidst the current COVID-19 pandemic we are experiencing. These guidelines include visitor restrictions for the facilities. In a nutshell, if you are not considered an essential healthcare employee or a compassionate care visitor for end of life situations, you are not going to get near one of these facilities until…well we are not sure.

These guidelines have been put in place for the safety of the residents and employees, and understandably so. On the other hand, this guidance is missing clarity. The states (including Illinois) and, in-turn, the facilities are left to interpret what the definition of an essential healthcare employee and a compassionate care visitor means. Is a third-party caregiver an essential healthcare employee? Is being placed in hospice, in and of itself, considered an end of life situation? Based on experience over the past few weeks, the answer is no. It should be noted, though, that there is no real legal authority stating such. We are facing a time where loved ones could pass away alone because a facility did not interpret the guidelines to allow a visitor in such a situation. Seeking the courts guidance on the matter may be necessary. Until then, the facilities are given the freedom and flexibility to interpret the guidelines as they see fit.

What can you do until then? Often times, loved ones of the residents of nursing homes and long-term care facilities provide care, love, and encouragement to them. During this time, more than ever, this encouragement and love is essential to the resident’s well-being. If you have a loved one in a facility, what can you do during this critical time? Technology has allowed us to connect with people in ways we never could before. Calling and video chatting with loved ones can provide them with the emotional support they need. Just the sound of a loved one’s voice can bring a smile to a resident’s face.  Online games can be played together as well. While we are getting back to the basics during this time, writing a good old fashioned letter is a great option as well.

George Boxill, Prince’s sound engineer, was set to release on April 28, 2017 the “Deliverance” album that included  a total of 6 songs from the late performer.  However, a U. S. District Judge in Minneapolis agreed with Prince’s estate and issued  a temporary restraining order barring Boxhill from distributing any unreleased recordings, including the “Deliverance” EP.

Last week the estate sued Boxill , alleging that he violated his confidentiality agreement with Prince’s corporation and tried to financially gain from the release of the EP on the 1 year anniversary of the pop star’s death.  The suit went on to state that Boxhill had received no authorization to procure or release the songs and that the estate on March 21. 2017  demanded return of all recordings of Prince’s in his possession, including masters, copies or reproductions, but Boxhill refused.  Finally, the estate argued that the representative of the estate, Comerica Bank & Trust had the duty to maximize the estate, not Boxhill.

A Temporary Restraining Order (“TRO”) is a pre-trial petition usually filed along with a law suit which seeks to prohibit a person or entity from doing something that would cause “immediate irreparable harm” if it were allowed to happen.  If a judge is convinced that “immediate irreparable harm” would happen, she can issue a TRO without notice to the other party and without a hearing.  A TRO cannot be appealed.

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