Illinois

  • June 23, 2017

    Free Clinic Immune From Med Mal Suit, Ill. Court Says

    An Illinois free clinic and two of its staff members are immune from liability in a medical malpractice suit alleging a patient suffered a massive heart attack as a result of negligence on behalf of the doctor, nurse and clinic as a whole, an Illinois appellate court ruled Thursday.

  • June 23, 2017

    AbbVie Fights Hedge Funds’ Bid To Return To State Court

    AbbVie Inc., the biopharmaceuticals giant fending off lawsuits over its failed, $55 billion merger with Shire PLC, urged an Illinois federal judge on Thursday not to send a fraud case brought by a group of hedge funds back to state court, saying the case involves federal law.

  • June 23, 2017

    Football Helmet Maker Blasts Riddell's Venue Arg In IP Row

    The maker of Schutt Sports football helmets blasted a bid by Riddell Inc. to dodge a suit alleging it infringed three helmet design patents, arguing Thursday that the Texas federal case is right where it belongs, as the rival companies clash with dueling infringement suits.

  • June 23, 2017

    Real Estate Rumors: Extell, Equity Office, HUD

    Extell Development is close to reaching a deal for $900 million in construction financing for its Central Park luxury condo project, Blackstone unit Equity Office has reportedly leased 46,884 square feet at the Willis Tower to engineering firm ESD, and the U.S. Department of Housing and Urban Development is said to have loaned $72.6 million for a Baltimore multifamily project.

  • June 23, 2017

    Sears Seeks New Judgment After $6M Verdict In Wrench Suit

    Sears Holdings Corp. and Apex Tool Group LLC asked an Illinois federal judge Thursday to overturn a jury’s $6 million patent verdict against them, claiming the jury made an emotion-fueled decision unmoored by the law.

  • June 23, 2017

    Rail Cos. Seek Review Of Stock Options' Tax Status

    Subsidiaries of the Canadian National Railway Co. urged the Seventh Circuit to reconsider its divided decision that nonqualified stock options are taxable in a $13.3 million lawsuit against the IRS, saying in a petition Thursday that the ruling conflicts with the court’s own prior decisions as well as U.S. Supreme Court precedent.

  • June 23, 2017

    Ill. AG Can Represent State Worker In Workers' Comp Row

    Illinois’ attorney general is the only appropriate representative for the state’s Department of Central Management Services in a workers' compensation case, despite CMS’ argument that it should have special counsel in the case, an Illinois appeals court ruled on Thursday.

  • June 23, 2017

    Colts Don’t Have To Renew Season Tickets, 7th Circ Says

    The Seventh Circuit ruled Thursday that season ticket holders for the NFL's Indianapolis Colts do not have a right to roll their seats over from one year to the next, striking down a challenge brought by a ticket broker who says he paid money with the expectation of renewing his seats.

  • June 23, 2017

    Class Must Arbitrate Suit With Ford's Credit Arm

    An Illinois federal judge Thursday granted Ford Motor Credit Company LLC’s request to arbitrate a proposed class action alleging the company violated its obligations on a security release, saying the parties agreed to arbitrate claims about the arbitration agreement itself.

  • June 22, 2017

    Chicago VA Hospital Hit With Suit Over Patient Suicide

    A medical malpractice and wrongful death suit filed Thursday in Illinois federal court alleges medical staff at James A. Lovell Federal Health Care Center in Chicago negligently prescribed antipsychotic medication to an Iraq war veteran suffering from PTSD, which purportedly contributed to his suicide.

  • June 22, 2017

    TCPA Defendants Down, But Not Out, With 'Pick-Off' Ruling

    The Seventh Circuit recently added to limitations companies face when making offers of full relief to individual plaintiffs in TCPA class actions in order to ward off certification, otherwise known as "pick-offs," but the judges' acknowledgment that some offers may be adequate could give defendants a boost in certain cases.  

  • June 22, 2017

    Chicago Man Charged In $10M Reverse Mortgage Plot

    A Chicago loan originator pled not guilty Wednesday to charges he ran a lengthy and complex mortgage fraud scheme that involved conning elderly victims out of an estimated $10 million in equity in their homes.

  • June 22, 2017

    Defunct Scrap Metal Co. Committed No Fraud, Court Affirms

    An Illinois federal judge on Wednesday largely affirmed a bankruptcy court's ruling that officers of defunct Chicago-based metal recycling company Keywell LLC broke no laws on the path to declaring bankruptcy, but did reverse the lower court’s ruling forcing Keywell to equitably subordinate loans made to it when the company was on the brink of going under.

  • June 22, 2017

    Oft-Punished Ill. Atty Can't Dodge Sanctions In Bankruptcy

    A Chicago attorney who racked up more than $180,000 in sanctions for frivolous filings and appeals in a protracted pursuit of a daycare chain can’t discharge his sanction debt in bankruptcy court, an Illinois federal judge ruled Thursday.

  • June 22, 2017

    SEC Says Atty Stole Part Of $89M EB-5 Investments

    A Chicago-based immigration attorney was hit with a U.S. Securities and Exchange Commission lawsuit Thursday accusing him of funneling some of the nearly $89 million he collected from EB-5 visa holders into his own pockets instead of using the money to build senior living facilities as promised.

  • June 22, 2017

    2 Bellwethers Selected Against Lilly In Testosterone MDL

    The Illinois federal judge overseeing multidistrict litigation against manufacturers of testosterone replacement therapy drugs on Thursday selected the first two cases that will go to trial against Eli Lilly and Co.

  • June 22, 2017

    7th Circ. Upholds Cert. Of Foundry Worker OT Class

    The Seventh Circuit on Thursday upheld the certification of two classes of Wisconsin iron foundry workers who say a Hitachi-owned foundry operator violated state law and the Fair Labor Standards Act by not paying for the time workers spend decontaminating themselves after their day is done.

  • June 22, 2017

    Trump Campaign Atty Faces Suspension Over Tax Lies

    An Illinois attorney who served as Donald Trump’s state campaign director should lose his license for a year for lying repeatedly about taxes he never filed amid his divorce proceeding, a state disciplinary board has said.

  • June 22, 2017

    Retired Hoops Players Group Can't Stop Visa Change Denial

    An Illinois federal judge on Tuesday ended the National Basketball Retired Players Association’s challenge to a new hire's failed attempt to obtain an H-1B visa, saying the nonprofit organization has no grounds to contest the denial of the petition by U.S. Citizenship and Immigration Services.

  • June 22, 2017

    Real Estate Rumors: Shorenstein, Antheus, Harbor Group

    Shorenstein Properties has reportedly bought a New York rental building for $57 million, an Antheus Capital venture is said to have scored a $76.2 million construction loan for a Chicago-area residential project, and Harbor Group has reportedly sold two New York rental properties for $19.4 million.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Rebuttal

    Flawed Commentary Can't Stop Trans Rights Momentum

    Raymond Wendell

    In a recent Law360 guest article, Jordan Lorence of Alliance for Defending Freedom argues that the Seventh Circuit misapplied Title IX in its recent decision in Whitaker v. Kenosha Unified School District. But to reach his conclusion, he mischaracterizes the facts and reasoning of the case as well as the law on which it relies, say Raymond Wendell and Ginger Grimes of Goldstein Borgen Dardarian & Ho.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Bathroom Access Case Shows Need For High Court Review

    Bryan Jacoutot

    The issues addressed in the Seventh Circuit's recent decision in Whitaker v. Kenosha Unified School District are complex and will doubtless require more thorough analysis at the U.S. Supreme Court level. That said, the Seventh Circuit has laid the groundwork for the case transgender advocates will make going forward, says Bryan Jacoutot of Taylor English Duma LLP.

  • When An Expert Drowns In A Whirlpool Of Inconsistencies

    Jack Nolan

    Last month, the Northern District of Illinois denied class certification to consumers who purchased allegedly defective Whirlpool ovens, and excluded the opinions of the plaintiffs’ expert. The ruling in Kljajic v. Whirlpool Corp. demonstrates the importance of having an expert witness who can be sensitive to a case's weaknesses without creating new ones, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.