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Illinois
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January 31, 2024
Electric Co. Says Insurer Refuses To Defend BIPA Suit
An electric company told an Illinois federal court that its insurers wrongfully refused to defend or indemnify it against an underlying proposed class action in state court by an employee who alleged the company violated the state's Biometric Information Privacy Act.
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January 31, 2024
'Real Nutrition' Supplement Almost Half Sugar, Suit Says
A company that makes Balance of Nature dietary supplements unlawfully deceives consumers into thinking the product provides a significant boost to their health and well-being when "nothing could be further from the truth," a customer claimed Tuesday in Illinois federal court.
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January 31, 2024
Ill. Judge Strikes Second Bid To Certify Allstate TCPA Class
An Illinois federal judge has again rejected an attempted class certification of plaintiffs accusing Allstate of violating telemarketing laws by allowing an outside party to solicit "do-not-call" listees on its behalf.
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January 31, 2024
Ill. Voters Take Trump Ballot Challenge To State Court
A group of Illinois voters took their fight to keep ex-President Donald Trump from the state's primary and general election ballots to court late Tuesday after the Illinois State Board of Elections dismissed their objection to his candidacy, arguing that the board's insistence that it can't engage in constitutional analysis "has no basis in law or logic."
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January 31, 2024
Food Packaging Co. Agrees To Wrap Up Suit Over 401(k) Fees
Food and beverage packaging company Pactiv Evergreen has agreed to end a proposed class action alleging it let its $879 million 401(k) plan pay more than double what similarly sized plans were charged for recordkeeping services, the company told an Illinois federal court.
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January 31, 2024
Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules
Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.
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January 31, 2024
8 Firms Lead $3.7B Sale Of Cigna Medicare Businesses
The Cigna Group will sell multiple health benefits and Medicare units to Health Care Service Corp., the companies said Wednesday in an announcement detailing a deal valued at around $3.7 billion and steered by Wachtell Lipton Rosen & Katz, Rule Garza Howley LLP, Mintz Levin Cohn Ferris Glovsky and Popeo PC and Sidley Austin LLP.
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January 30, 2024
Amazon Beats Suit Over Privacy And Antitrust Issues For Now
A Washington federal judge agreed Tuesday to throw out Amazon investors' suit claiming company leaders hid purported violations of privacy and antitrust law, though he said they could amend their complaint to address his concerns.
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January 30, 2024
Woman's Policy Settlement Blocks Crash Injury Claims
A woman who claims she didn't give her attorney authority to enter a policy-limit settlement and release following an automobile collision is nevertheless bound by it and therefore cannot pursue injury claims, an Illinois state appellate panel has ruled.
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January 30, 2024
McDonald's CEO Can Be Deposed In Race Bias Suit
McDonald's Corp. CEO Christopher Kempczinski can be deposed in a discrimination suit filed by a Black former security executive who claimed he was fired because of his race and for speaking out against his former boss during a company meeting, an Illinois federal magistrate judge ruled Tuesday.
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January 30, 2024
Ill. Election Board Says It Can't Bar Trump From Ballot
The Illinois State Board of Elections voted unanimously Tuesday to dismiss an objection from voters seeking to bar former President Donald Trump from the state's primary and general election ballots, saying it lacked the authority to analyze whether he is disqualified to hold office under the U.S. Constitution.
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January 30, 2024
New 7th Circ. Judge Says Navy Prepared Him For Bench
The Senate voted 66-25 on Tuesday evening to confirm Magistrate Judge Joshua P. Kolar to the Seventh Circuit.
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January 30, 2024
Missing Clearance Dooms Protest Over $57M Navy Deal
The U.S. Government Accountability Office has tossed a protest over an option issued under a $56.9 million task order for Navy parachute training, saying that the protester's lack of a required security clearance meant the challenge was effectively futile.
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January 30, 2024
7th Circ. Won't Revive School Staffers' COVID-Testing Suit
The Seventh Circuit on Monday refused to reinstate a lawsuit brought by public school personnel challenging the Illinois governor's orders that they be tested regularly for COVID-19 unless they had been vaccinated, saying the plaintiffs improperly filed one suit in state court seeking declaratory and injunctive relief and a second in federal court seeking damages.
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January 30, 2024
EB-5 Investors Can Probe Atty Accounts In Settlement Search
Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.
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January 30, 2024
PPM's Private Equity Arm Clinches $660M Co-Investment Fund
PPM America Capital Partners, advised by Proskauer Rose LLP, on Tuesday announced that it closed its eighth co-investment fund after securing $660 million in commitments, making the fund the firm's largest to date.
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January 29, 2024
Turkey Giants Look To Defeat Buyers' Cert. Bid In Illinois
Butterball, Hormel, Perdue and other poultry producers fighting price-fixing claims in Illinois have argued the litigation's direct purchasers shouldn't receive class treatment because too many variables impact turkey prices for common evidence to support their claims.
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January 29, 2024
The Top Attys In Clinton's Impeachment Trial, 25 Years Later
One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.
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January 29, 2024
Chicago Beats Remaining Vaccine Mandate Challenges
An Illinois federal judge on Friday threw out a lawsuit brought by Chicago employees challenging the city's COVID-19 vaccine mandate, finding the workers couldn't point to case law showing being denied an exemption was a burden on their religious practice.
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January 29, 2024
Union Shouldn't Fight Higher Pilot Retirement Age, Suit Says
A pilots union breached its duty of fair representation by opposing a law that would raise the mandatory retirement age for pilots from 65 to 67, a group representing senior pilots said in a suit in Illinois federal court.
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January 29, 2024
ArentFox Schiff Allegedly Ousted IT Workers For Young Hires
Two longtime ArentFox Schiff LLP information technology contractors have sued the firm in Illinois federal court for alleged violations of the Age Discrimination in Employment Act of 1967, saying they were let go in favor of younger employees despite expertise and willingness to continue their roles.
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January 26, 2024
TikTok's $92M Biometric Deal Doesn't Bar Browser Claims
TikTok can't use a $92 million biometric privacy settlement finalized in 2022 to duck 13 additional lawsuits over TikTok's in-app browser that were later transferred to a multidistrict litigation, an Illinois federal judge has ruled.
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January 26, 2024
'Are We Dating The Same Guy?' Guy's Meta Suit Gets Axed
A Chicago-area resident's proposed class suit targeting allegedly false sexual misconduct accusations on an "Are We Dating The Same Guy?" Facebook page has been booted out of court for failing to demonstrate that he had properly established diversity jurisdiction under the Class Action Fairness Act.
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January 26, 2024
America First Legal Accuses Ill. Judges Of Favoring Women and Minorities
A group founded by former Trump adviser Stephen Miller accused three Illinois federal judges of discrimination over their efforts to encourage younger, female and minority attorneys to handle oral arguments in their courtrooms, saying the policies amount to "oral-argument affirmative action for lawyers."
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January 26, 2024
ComEd Can't Slash $1.3M Live-Wire Bench Trial Judgment
Exelon subsidiary Commonwealth Edison has lost its bid to convince an Illinois state appellate court that it should nix most of an apartment developer's $1.3 million bench trial award in a trespass suit targeting a live power line that delayed construction for nearly two years.
Expert Analysis
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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The Legal Consequences Of High PFAS Background Levels
As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.
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Cannabis Labor Peace Laws Lay Fertile Ground For Unions
State legislatures are increasingly passing cannabis laws that encourage or even mandate labor peace agreements as a condition for licensure, and though open questions remain about the constitutionality of such statutes, unionization efforts are unlikely to slow down, says Peter Murphy at Saul Ewing.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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What To Watch In High Court's FCA Scienter Standard Case
Depending on what role subjective intent plays in False Claims Act liability after the U.S. Supreme Court decides SuperValu and Safeway — to be argued April 18 — FCA defendants may be able to successfully move for dismissal prior to discovery or, conversely, find that internal discussions about legal exposure have become discoverable, say attorneys at Bryan Cave.
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AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.