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Illinois
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March 19, 2024
Move Puerto Rico Defamation Suit To Illinois, Judge Advises
A $3 million defamation suit brought by a Chicago-based lobbyist against two Illinois attorneys belongs in the Land of Lincoln, a Puerto Rico magistrate judge determined in a report and recommendation.
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March 19, 2024
Brokerage Owner Hid Compliance Woes Before Sale, Suit Says
Financial services company Arete Wealth Inc. has sued the previous owner of a brokerage firm it acquired, claiming the former owner papered over widespread compliance issues at his firm that ultimately led to an "onslaught of costly arbitrations" after the sale closed.
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March 18, 2024
7th Circ. Wants Del. High Court's Input On Stock Shares Row
The Seventh Circuit on Friday asked Delaware's top court to clarify a ruling it made earlier this year upholding the enforceability of forfeiture-for-competition provisions in limited partnership agreements, saying it found "meaningful differences" between that case and an ex-manager's bid before it to keep the stock sale proceeds he earned before working for a competitor.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Amazon Again Tries To Sink NBA 2K Facial Scan Claims
Amazon is insisting it did not run afoul of Illinois' biometric privacy law, saying an amended complaint in a proposed class action in Washington federal court has failed to show the e-commerce company's cloud service collected or disclosed facial scans of teens playing the hit game NBA 2K.
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March 18, 2024
Google Defeats BIPA Suit Over IBM Face Dataset, For Now
Google has defeated a proposed class action by Illinois residents who accused the company of violating the state's biometric privacy laws with facial data collected by IBM, after a California federal judge said their claims don't establish that Google's alleged violations took place in the Prairie State.
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March 18, 2024
Major Lindsey Followed Rules In Sex Assault Suit, Judge Says
A Chicago-based attorney who represents Major Lindsey & Africa LLC in an ex-employee's New York sexual assault suit did not run afoul of court requirements by sending a letter demanding that she drop the claims, a judge held Monday.
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March 18, 2024
Chicago Can Keep $26M Willis Tower Suit In Federal Court
A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.
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March 18, 2024
Justices Won't Review McDonald's No-Poach Case
A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.
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March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
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March 15, 2024
Real Estate Authority: Realtor Settlement, Women's Soccer
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.
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March 15, 2024
Sanderson Beats Chicken Buyers' Antitrust Retrial Attempt
Direct chicken purchasers who lost a price-fixing trial against Sanderson Farms cannot have another shot at bringing their case to a jury because their first trial was fair, and their circumstantial evidence couldn't defeat the company's competing proof, an Illinois federal judge has ruled.
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March 15, 2024
Enfamil Maker Hit With $60M Jury Verdict In Infant Death Suit
An Illinois jury has awarded $60 million to the mother of an infant who died after using Mead Johnson's Enfamil formula, a loss for the company in the first of hundreds of suits to go to trial alleging certain cow's milk-based formulas cause a fatal illness in premature infants.
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March 15, 2024
TikTok Wants 'Bad Copycat' Suit Over Editing App Tossed
TikTok and ByteDance urged an Illinois federal judge to end a proposed class action alleging they secretly collect and profit from data gathered from users of its CapCut video-editing tool, arguing the plaintiffs voluntarily downloaded the app and granted it permission to access certain types of data.
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March 15, 2024
Off The Bench: QB 'Extortion,' Bears Bias Suit, Trans Athletes
In this week's Off The Bench, Dallas Cowboys quarterback Dak Prescott claims a woman wants him to buy her silence about an alleged sexual assault, a man says the Chicago Bears denied him a job because he is white, and an inclusive roller derby team fights a county order denying facilities access to transgender girls and women.
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March 15, 2024
Trade Secret Cases Are Up As Clients Eye Patent Alternatives
Trade secret litigation has seen a gradual increase over the past decade, driven by the promise of substantial damages awards, a new federal law, and frustration over the challenges of patent litigation, according to intellectual property attorneys.
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March 15, 2024
Realtors Cut $418M Deal, Agree To Make Broker Fee Changes
The National Association of Realtors said Friday that it has reached a settlement to end claims that its broker commission rules caused home sellers across the country to pay inflated fees, agreeing to pay $418 million over four years and to implement changes to its rules.
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March 14, 2024
Petco's $445K BIPA Deal Gets Initial OK
An Illinois federal judge granted preliminary approval Thursday to a $445,000 settlement between Petco and 445 warehouse workers who accused the pet supply chain of unlawfully capturing, storing and using their voiceprints through headsets they used to navigate work tasks.
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March 14, 2024
Vet-Themed T-Shirt Co. Wins $700K In Army Motto TM Trial
An Illinois federal jury awarded Chicago-based T-shirt company Grunt Style LLC $739,500 on Thursday, agreeing with the company's claim that a California competitor illegally used the phrase "This We'll Defend" in connection with its online retail store.
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March 14, 2024
Domino's Hit With BIPA Suit Over AI Voiceprint Collection
Domino's Pizza customers hit the restaurant chain with a proposed class action in Illinois federal court Wednesday alleging it secretly collects voiceprints through its artificial intelligence ordering system, saying the pizza chain uses the data to enhance the technology and to boost sales.
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March 14, 2024
FTC Says Consolidation Endangering Infant-Formula Market
The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Kirkland Associate Is Chicago St. Patrick's Day Parade Queen
Kirkland & Ellis corporate associate Grace O'Connor will be reigning over the 69th annual Chicago St. Patrick's Day Parade on Saturday as parade queen, in an event she described as "honoring the rich heritage of my ancestors and embracing the dynamic spirit of [the] Irish American community that you can see everywhere in the city."
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March 14, 2024
EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers
The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.
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March 13, 2024
AI Auto Damage-Assessing Giant Accused Of Monopoly
Tractable Inc. is hitting back at CCC Intelligent Solutions with counterclaims in an ongoing trade secrets spat, alleging in a new motion CCC has leveraged its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices in violation of antitrust laws.
Expert Analysis
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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And Now A Word From The Panel: 55 Years Of The JPML
As the Judicial Panel on Multidistrict Litigation marks its 55th birthday, Alan Rothman at Sidley looks back at its history and finds that, while some features of MDL jurisprudence have changed over the decades, the most remarkable aspect of the panel's practice has been its consistency.
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9th Circ. Gap Ruling Creates Split On Forum Selection Clause
The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Effectual Relief Questions Linger After Section 363 Ruling
In the months since the U.S. Supreme Court's ruling in MOAC Mall Holdings, courts and practitioners must grapple with the issue of what effectual relief courts may grant upon an appeal of an unstayed sale order, says Monique Jewett-Brewster at Hopkins Carley.
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What's Next For Enviro Justice After Affirmative Action Ban?
The U.S. Supreme Court's recent decision striking down affirmative action measures in university admissions raises questions about the future of the Biden administration's environmental justice initiatives — but EJ advocates may still have reasons for cautious optimism, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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BIPA, Meta Pixel Suits Could Reshape Cybersecurity Litigation
Businesses and attorneys should watch several pending electronic privacy cases that revolve around disclosure of protected personal information and health data, which may shape how courts handle damages and class actions in the future of cybersecurity litigation, say Kelly Johnson and Melanie Condon at Goldberg Segalla.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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3 Ways Courts Approach Patent Eligibility At Trial And After
Sorin Zaharia and Mark Liang at O’Melveny analyze all 36 district court cases where patent eligibility under Section 101 was decided at trial or post-trial after Alice, specifically focusing on how different districts address step two of the Alice inquiry, as well as the impact of each approach on the outcome.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.