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Illinois
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April 18, 2024
Perkins Coie 'Beating A Dead Horse' To Duck Case, Judge Says
An Illinois judge on Thursday refused to reconsider his decision to let an investment company move ahead with its lawsuit accusing Perkins Coie of helping the company's former investment manager steal $12 million and opted not to certify questions raised by the firm about his reasoning to the Illinois Supreme Court.
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April 18, 2024
$550K Fingerprint BIPA Deal Receives Ill. Judge's Initial OK
An Illinois federal judge gave his early blessing Wednesday to a nearly $550,000 settlement between global food supplier Rich Products Corp. and hundreds of current and former employees who claimed the company illegally collected and used their scanned fingerprint data.
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April 18, 2024
NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy
The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.
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April 18, 2024
7th Circ. Nom Heads To Senate Despite GOP Backlog Criticism
The Senate Judiciary Committee advanced five judicial nominees Thursday, including U.S. District Judge Nancy L. Maldonado, a nominee for the Seventh Circuit, whom Republicans had questioned about a backlog of cases in her court.
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April 18, 2024
Crowell & Moring Adds Corporate Partners From Neal Gerber
Crowell & Moring LLP has added two longtime partners and practice group leaders from Chicago-based firm Neal Gerber & Eisenberg LLP to help bolster its corporate, mergers and acquisitions and capital markets services and expand its services in the Windy City.
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April 17, 2024
Trial-Ready Paraquat MDL Cases Tossed After Testimony Axed
An Illinois federal judge on Wednesday threw out the first group of trial-ready cases over the herbicide paraquat, agreeing with Syngenta and Chevron that the plaintiffs' expert testimony must be excluded and finding that the cases fail without that testimony.
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April 17, 2024
7th Circ. Affirms Toss Of Indy TV Network's Bias Claims
The Seventh Circuit upheld the lower court's toss of a Black-owned broadcasting company's racial discrimination claims against DirecTV and Dish Network, agreeing that the underlying retransmission negotiation dispute was a matter of bargaining power, not bias.
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April 17, 2024
Walgreens Investors' $36M Deal In Opioid Suit Gets First OK
An Illinois federal judge on Wednesday granted his initial approval of a $36 million settlement to end a stockholder's derivative suit accusing Walgreens and its leadership of failing to limit retail pharmacies from dispensing unreasonable amounts of opioids.
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April 17, 2024
Discovery Sanction Too Severe In $1M Vape Case, Panel Says
An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.
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April 17, 2024
Kraft Sued Over Lead Contamination In Lunchables
Kraft has been slapped with a proposed class action over its popular Lunchables snack kits after independent testing of the kits allegedly found that they contained high, though legally allowable, levels of lead and other harmful substances.
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April 17, 2024
Judge Says Ex-Bank Rep Worse Than Robber For Film Fraud
An Illinois federal judge handed down a 2½-year prison sentence Wednesday for a former Citigroup and Wells Fargo financial adviser who admitted to swindling clients out of nearly $1.5 million by soliciting them to invest in purported movie productions, saying the only difference between her and a bank robber is that "she didn't have a mask and a gun."
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April 17, 2024
Ill. BCBS Unit Can't Escape Family's Parity Act, ERISA Suit
An Illinois federal judge declined to toss a lawsuit against an employee health plan and an insurer challenging coverage denials for inpatient mental health treatment, finding the insured family who sued had plausibly alleged the claim denial violated federal benefits and mental health parity laws.
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April 17, 2024
School District To Pay $200K To End EEOC Age Bias Suit
An Illinois school district will pay about $206,000 to bring an end to a U.S. Equal Employment Opportunity Commission suit claiming it capped salary increases for teachers over 45 to dodge increased retirement payments, the agency said Wednesday.
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April 16, 2024
7th Circ. Finally Freezes Hytera's $1M-Per-Day Sanctions
The Seventh Circuit on Tuesday halted the daily $1 million fine and sales ban ordered against Hytera Communications for participating in Chinese litigation against a district judge's orders, after previously refusing to save the company from its "self inflicted wounds."
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April 16, 2024
7th Circ. Open To Religious Workers' Visa Rule Challenge
Religious institutions trying to revive their challenge to a visa regulation they contend unfairly strips work authorization from foreign ministers seemed to strike a chord with a Seventh Circuit panel on Tuesday, which suggested the rule might disadvantage religious workers.
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April 16, 2024
Tribes, Lawmakers Call On Biden To Protect Historic Sites
A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.
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April 16, 2024
BIPA Judge Laments Blown Discovery Deadlines — Again
An Illinois federal judge on Monday scolded Union Pacific and the truck drivers suing it over alleged biometric privacy violations for missing a sixth discovery deadline, saying the results of multiple discovery extensions he's allowed over five years of litigation have been "disappointing, to say the least."
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April 16, 2024
Buttigieg, State AGs To Probe Consumer Airline Complaints
Transportation Secretary Pete Buttigieg on Tuesday announced a new partnership with Colorado and over a dozen other states to investigate consumer complaints about air travel, vowing to hold airlines and ticket agents accountable for excessive flight cancellations and unfair business practices.
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April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga
An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
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April 16, 2024
Impossible Foods Slams 'Radical' TM Fight At High Court
Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.
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April 16, 2024
Illinois Panel OKs Liability Ruling Against Discovery-Faking Firm
An Illinois trial court was right to slap an attorney with a default judgment in a professional negligence suit brought by a former client after the attorney and his firm repeatedly "fabricated their expert witness disclosures 'from whole cloth,'" an appellate panel has ruled.
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April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit
The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
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April 15, 2024
McDonald's, Workers Battle Over Future Of No-Poach Case
Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.
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April 15, 2024
Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products
California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.
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April 15, 2024
Hytera Still Not Doing All It Can To Stop Fine, Motorola Says
Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.
Expert Analysis
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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How States Vary On The Fireman's Rule And Its Applicability
A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.