Illinois

  • April 20, 2018

    $900K Deal For Health Workers' Unpaid OT Receives Final OK

    An Illinois federal judge granted final approval to a $900,000 settlement in a class action accusing Health Resource Solutions of wrongly exempting a group of registered nurses and clinicians from overtime pay, saying in an order filed Friday that the deal is "fair, reasonable, adequate, and in the best interests" of the settling class members.

  • April 20, 2018

    Mail Not Integral To Jailed Lawyer's Scheme, 7th Circ. Told

    An Indiana lawyer serving two years for bilking a bankrupt grocery store of more than $300,000 after he was appointed its receiver asked the Seventh Circuit on Friday to overturn his conviction, saying the prosecutors who charged him with mail fraud failed to prove his use of mail sought to further his scheme rather than to simply avoid its detection.

  • April 20, 2018

    Drivers Say New Nissan Sunroof Claims Pass Legal Muster

    Nissan drivers who seek damages over an alleged defect in panoramic sunroofs on some of the automaker’s vehicles asked a California federal judge on Friday to keep their case alive, saying their updated complaint meets the requirements of Illinois and Colorado consumer protection laws.

  • April 20, 2018

    ATM Co. Wants Back Funds Transferred In 'Clerical Error': Suit

    Cardtronics USA Inc., the world's largest ATM operator, on Friday sued gas station operator MTS Enterprises LLC for allegedly refusing to return more than half a million dollars to Cardtronics — money the company said it mistakenly transferred to MTS in an “innocent clerical error." 

  • April 20, 2018

    7th Circ. Says Indiana Abortion Law Is Unconstitutional

    The Seventh Circuit found most of an Indiana law banning abortions based on a fetus’ race, sex or disability unconstitutional Thursday, handing a win to Planned Parenthood as it affirmed a district court’s ruling striking down the bulk of the law.

  • April 20, 2018

    Insurer Sues To Deny Surgical Tools Co. Coverage In IP Suit

    Sentinel Insurance Co. sued surgical tools company Novo Surgical Inc. in Illinois federal court Thursday, claiming it has no duty to defend Novo in an underlying suit in which a competitor accused it of infringing sales information.

  • April 19, 2018

    7th Circ. Urged To Revive Deutsche Bank Tax Shelter Suit

    A former client of Deutsche Bank AG asked the Seventh Circuit on Thursday to revive his years-old lawsuit accusing the bank and other financial advisers of breaching their fiduciary duties by advising him to set up an illegal tax shelter, saying the lower court incorrectly found he was not actively litigating his case during a 16-month gap in docket activity.

  • April 19, 2018

    Ill. Judge Lied During Murder Investigation, Board Says

    The Illinois Judicial Inquiry Board filed a formal complaint Thursday against a downstate Illinois judge after he allegedly lied about the whereabouts of a phone that was important to police in the investigation of his ex-roommate's connection to a murder.

  • April 19, 2018

    Bio-Pharm Must Face Generic-Drug Supply Contract Suit

    Illinois-based Bio-Pharm Inc. must face a suit accusing the company of reneging on a drug supply agreement and holding generic medication “hostage” in order to gain a larger share of the profits than originally agreed upon, an Illinois federal judge ruled Thursday.

  • April 19, 2018

    Ill. Panel Finds $10M Chemical Settlement Was Rushed

    A copper factory owner accused, along with other companies, of dumping hazardous chemicals into a landfill and nearby manufacturing site got part of a $10 million settlement with local residents vacated on Wednesday, with an Illinois appeals court finding that the lawyers for the residents and co-defendants had rushed certain parts of the settlement process.

  • April 19, 2018

    DOJ Antitrust Chief Says Privacy Could Be New Market Asset

    The head of the U.S. Department of Justice's Antitrust Division laid out his views about digital platforms like Facebook and Google on Thursday, saying privacy is emerging as a new type of asset that digital companies may soon be competing over, but called for measured enforcement of the space.

  • April 19, 2018

    BofA Predatory Lending Cleanup Cost $20M, County Says

    Attorneys for Cook County pushed back Thursday against an Illinois federal judge’s comments about the value of its lawsuit over an alleged predatory lending scheme run by Bank of America, claiming that it spent more than $20 million to clean up the mess.

  • April 19, 2018

    Lender Targeted Pensioners In Predatory Scheme, Ill. AG Says

    Nevada-based Future Income Payments LLC has been conducting an illegal and predatory lending scheme in Illinois by offering short-term loans at enormous interest rates and accepting repayment from consumers' pension plans, according to a lawsuit the state’s attorney general filed Wednesday.

  • April 19, 2018

    Audit Doesn't Bar Best Buy FCA Suit, Appeals Court Says

    An Illinois appeals court has revived a False Claims Act suit against Best Buy, finding that the state Department of Revenue’s initiation of an audit of the store's sales tax calculation practices did not bar a qui tam complaint.

  • April 19, 2018

    VTech Toy Data Breach Suit Found Lacking Again

    An Illinois federal judge again tossed a consolidated proposed class action against digital learning toys maker VTech Electronics over a breach that compromised the data of 11 million adults and children, holding Wednesday that some claims were beyond repair while leaving room for others to be revamped.

  • April 19, 2018

    Injunction Over Sanctuary City Grants Upheld By 7th Circ.

    The Seventh Circuit on Thursday upheld a nationwide preliminary injunction blocking the Trump administration from using a federal public safety grant to force so-called sanctuary cities to comply with its immigration policies, criticizing the effort as an infringement on the separation of powers.

  • April 18, 2018

    Collector's Reports Didn't Violate FDCPA, 7th Circ. Told

    Debt collector Portfolio Recovery Associates asked the Seventh Circuit on Wednesday to overturn several lower court orders declining to dismiss consumers’ lawsuits accusing it of incorrectly and unlawfully reporting their debts as undisputed, saying liability shouldn’t fall on the company if the disputed debt is correct in its records.

  • April 18, 2018

    Theft Charges Violate House Rules, Ex-Ill. Rep. Tells 7th Circ.

    An attorney for ex-Illinois Rep. Aaron Schock on Wednesday told the Seventh Circuit that federal prosecutors had overstepped their bounds in their case accusing the former congressman of stealing government funds, in arguments that leaned heavily on government separation of powers. 

  • April 18, 2018

    Bimbo Foods Distributor Seeks Revival Of Contract Suit

    A former Bimbo Foods Bakeries Distribution Co. distributor asked the Seventh Circuit on Wednesday to revive his lawsuit accusing the company of wrongly interfering with his work in order to cut him out of their contract, saying the lower court improperly ruled his claims were time-barred under Illinois law.

  • April 18, 2018

    7th Circ. Opens Up Path For Cos. To Ditch Data Breach Suits

    The Seventh Circuit built on its reputation for welcoming data breach plaintiffs in the courthouse door by recently reviving claims against Barnes & Noble, but signaled that this invitation isn't indefinite by suggesting for the first time that companies are likely to have the upper hand as these disputes move forward, attorneys say.

Expert Analysis

  • Dispelling The Myth Of Insurers' Bad Faith

    Randy Maniloff

    Some policyholder lawyers seem to believe that an insurer commits bad faith if it does anything short of exactly what was demanded, but it is actually very hard to prove. Even when a court determines that an insurer is flat-out wrong, it's unlikely that the insurer will be found to have acted in bad faith, says Randy Maniloff of White and Williams LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • The Latest Defeat Of Trump's 'Sanctuary' City Policies

    Jeffrey Gorsky

    Based on a California federal judge's recent decision in City of Los Angeles v. Sessions, prohibiting the U.S. Department of Justice from using a locality’s cooperation on immigration enforcement to determine eligibility for grants, it appears the Trump administration’s "sanctuary" city initiatives are likely to remain tied up in or blocked by litigation, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • How CPSC Late Reporting Penalty Trends Are Evolving

    Eric Rubel

    Dollar amounts of U.S. Consumer Product Safety Commission prelitigation settlements have increased over the past five years, as most recently shown by a record settlement with Polaris Industries for alleged reporting violations related to three recalls. But this track record has not been matched in recently litigated cases, say attorneys with Arnold & Porter.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Why Bankruptcy Lawyer's Trade Secret Cases Failed

    James Morsch

    Peter Francis Geraci — owner of a large consumer bankruptcy firm based in Chicago — recently lost two trade secret cases, illustrating just how difficult it can be to win a lawsuit for misappropriation against individuals employed by a rival, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.