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Illinois
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October 28, 2024
Sterigenics Says Residents Can't Tie Harms To Ethylene Oxide
Medical sterilization company Sterigenics US LLC and its parent, Sotera Health LLC, are asking a Georgia state judge to exclude expert testimony put forward by Peach State residents alleging their ethylene oxide emissions harmed them, and to dismiss the residents' claims against them.
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October 28, 2024
7th Circ. Signals Its Rulings Govern Citizens BIPA Policy Spat
The Seventh Circuit seemed uninterested Monday in shifting focus from its own precedent to either newly certified questions or a state appellate decision to determine whether a district court correctly cleared Citizens Insurance Company of America of covering a biometric privacy suit.
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October 28, 2024
Judge Tosses Hearing-Loss MDL Bellwether With Voided Law
Horizon Pharmaceuticals Inc. on Monday was able to remove one of the 12 cases selected as bellwethers in multidistrict litigation over claims that its thyroid eye disease treatment causes hearing loss, relying on a repealed Michigan law to create a dismissal-worthy conflict.
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October 28, 2024
AbbVie Paying $1.4B For Alzheimer's-Focused Biotech
AbbVie said Monday it will acquire Aliada Therapeutics, a biotechnology company working on therapies to treat central nervous system diseases including Alzheimer's disease, for $1.4 billion in cash.
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October 28, 2024
Paul Hastings Adds REIT Partners In Boston, Chicago
Paul Hastings LLP announced Monday that a pair of experienced real estate attorneys who have worked on some of the industry's largest initial public offerings have joined its Boston and Chicago offices as partners — additions the firm said are part of a strategic focus on capital markets.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
Chicago Rapper Lil Durk Accused Of Ordering Rival's Murder
Grammy Award-winning rapper Lil Durk was charged with orchestrating the attempted murder of a rival rapper, which led to a shooting near a Los Angeles shopping mall that left one person dead, the U.S. Department of Justice announced Friday.
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October 25, 2024
Jury In Formula Trial Told Baby's Condition Likely Genetic
An expert witness for Abbott and Mead Johnson in the first joint trial against the baby formula makers told a St. Louis jury Friday he believes the child at the center of the case has a genetic condition that's responsible for most of his intellectual impairment.
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October 25, 2024
AT&T Unit Continues To Argue FCA Does Not Apply To E-Rate
Congress could have designed the E-rate program to be distributed by the government using its own money, but it didn't, and that's why reimbursements under the program don't qualify as claims under the False Claims Act, an AT&T subsidiary has told the U.S. Supreme Court.
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Feds Fight New Claim In Suit Over Dredged-Waste Disposal
The U.S. Army Corps of Engineers has urged an Illinois federal judge to throw out the latest claim from an environmental coalition and a community group in litigation challenging the agency's continued use of a disposal facility for dredged material on Lake Michigan's shoreline, saying the claim was tacked on too late.
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October 25, 2024
Pink Is Too Close To Purple, National Gypsum Judge Says
Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.
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October 25, 2024
Glocal, UpHealth May Settle $115M Award Feud
Indian healthcare services platform Glocal and bankrupt digital health services company UpHealth may be on the verge of resolving their bitter dispute over an ill-fated merger that resulted in a $115 million arbitral award, Glocal has informed an Illinois federal court in a recent request to stay enforcement proceedings.
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October 25, 2024
Photo App Says BIPA Ignorance Warrants Insurance Coverage
The company behind a website and app that allow families to view photos of their children at summer camp told an Illinois federal judge it had no idea about the state's biometric privacy law, and thus couldn't have knowingly violated it, arguing that means insurers cannot shirk their responsibility to defend it in an underlying suit.
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October 24, 2024
AMA Latest To Sue MultiPlan Over Out-of-Network Pricing
The American Medical Association and the Illinois State Medical Society are the latest to accuse MultiPlan and the nation's largest health insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers, alleging in Illinois federal court Thursday that the "far-reaching and unlawful cartel" inhibits its members from offering critical care.
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October 24, 2024
7th Circ. Doubts Satanic Temple Can Wage Abortion Fight
A Seventh Circuit panel appeared skeptical Thursday that the Satanic Temple had standing to challenge Indiana's near-complete abortion ban, with questioning turning contentious when one judge pointed out that the religious organization would be blocked from providing abortion drugs through telehealth appointments even without the law.
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October 24, 2024
Va. Judge Won't Block Feds' Nonprofit Disclosure Law
A Virginia federal judge on Thursday refused to stop the U.S. Department of the Treasury from enforcing a law that requires nonprofits such as community associations to disclose personal identifying information about their beneficial owners and applicants to a Treasury agency that focuses on stopping financial crimes.
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October 24, 2024
McDonald's Customers File First Suits Over E. Coli Outbreak
A Colorado man and Nebraska woman have lodged the first lawsuits against McDonald's Corp. in the wake of the E. coli outbreak tied to its Quarter Pounder hamburgers, according to a pair of complaints filed in Illinois state court on Wednesday and Thursday.
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October 24, 2024
Lewis Brisbois Adds Partner To General Liability Practice
Lewis Brisbois Bisgaard & Smith LLP announced the growth of its Chicago office with the addition of a partner and insurance expert who brings more than two decades of trial and civil litigation experience.
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October 24, 2024
Statute Of Limitations Tolled In AT&T Workers' OT Suit
An Illinois federal judge agreed Thursday to toll the statute of limitations for call center workers claiming that AT&T failed to pay them overtime, one day after the workers said extraordinary circumstances required tolling.
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October 24, 2024
Cleary-Led Keurig Buying Ghost Energy For $1B-Plus
Cleary Gottlieb-led Keurig Dr Pepper said Thursday it has agreed to purchase Winston & Strawn LLP-advised energy drink purveyor Ghost in a two-part transaction that will include the upfront purchase of a 60% stake in Ghost for $990 million, followed by the purchase of the remaining 40% stake in 2028.
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October 23, 2024
EPA's GHG Power Plant Rule Is Achievable, Scientists Say
A half-dozen prominent scientists and engineers have told the D.C. Circuit that the U.S. Environmental Protection Agency's plan to tap carbon capture and sequestration technology to reduce power plants' greenhouse gas pollution is on point and readily achievable.
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October 23, 2024
CFPB, Chicago-Area Lender Say Redlining Suit Deal Is 'Likely'
The Consumer Financial Protection Bureau and a Chicago-area mortgage lender have said in a filing that they could be close to settling claims that the lender illegally disparaged majority-Black neighborhoods.
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October 23, 2024
'Where's The Puff?' Judge Asks In Little Caesars IP Battle
An Illinois federal judge asked Little Caesars Wednesday what was so puffy about its recent "Crazy Puffs" products, as a Chicago-based company that makes "Pizza Puffs" argued the chain is infringing trademarks it has held for nearly half a century.
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October 23, 2024
No More Coverage For Paper Co.'s Pollution Claim, Panel Says
A WestRock Co. subsidiary that owned a Montana paper mill later identified as a Superfund site isn't entitled to additional coverage from its AIG insurer, an Illinois state appeals court ruled, saying two pollution conditions on the property were related and subject to a single $5 million limit of liability.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.