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Illinois
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February 20, 2024
7th Circ. Backs McDonald's Win Over 'Bad Faith' Hot Tea Suit
The Seventh Circuit on Tuesday ruled that a lower court correctly tossed a man's $13 million "bad faith" lawsuit alleging he was burned by a McDonald's worker in Illinois who threw hot tea at him.
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February 20, 2024
Developers Deny 'Shell Game' Amid Push For More Sanctions
Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.
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February 20, 2024
Insurer Must Pay Defense Costs In Newspaper Shooting Row
An insurer owed coverage to the parent companies of a Maryland newspaper for the legal fees resulting from two underlying lawsuits brought by the victims and their families after a 2018 mass shooting, an Illinois federal judge ruled Tuesday.
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February 20, 2024
Ill. Judge Scolds Defense Attys On Discovery: 'This Is Insanity'
A Cook County judge trimmed a lawsuit Tuesday brought by investors alleging financial mismanagement of the firm behind celebrated Chicago restaurant Maple & Ash, but lambasted defense counsel for dragging out discovery, saying she was "flabbergasted" that they left out information in discovery responses that she ordered them to include late last year.
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February 20, 2024
Ill. Cardiologist Keeps Trial Win In Med Mal Death Suit
An Illinois state appeals court on Tuesday declined to upend a trial victory for a cardiologist and his employer in a suit alleging he misdiagnosed the severity of a heart condition in a patient who later died, saying the trial court was not wrong to allow certain defense testimony or limit the plaintiff's evidence.
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February 20, 2024
Posner Says Ex-Staffer's 'Lies' Warrant Harsh Sanctions
Retired Seventh Circuit Judge Richard Posner is asking an Indiana federal judge to impose "the most severe sanctions" against a noted pro se litigant who claims Posner reneged on a promise to pay him to run a short-lived pro bono services organization, saying the man has repeatedly lied during litigation and improperly accused opposing counsel of perjury.
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February 20, 2024
Former EDNY Prosecutor, Bomb Expert Joins McGuireWoods
McGuireWoods LLP has added a former federal prosecutor with the Eastern District of New York as counsel in the government investigations and white collar litigation department in North Carolina and Washington, D.C. Garen Marshall — a former bomb expert with the U.S. Navy — spoke to Law360 Pulse about joining the military-friendly firm.
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February 20, 2024
Boomerang In Default For Silence On $7M Del. Contract Suit
A defunct steel tube plant that failed to respond to a Delaware Chancery Court lawsuit seeking $7.35 million for unpaid invoices was found in default Tuesday after failing to appear in court for more than a year and a half.
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February 20, 2024
No Coverage For Firm In Haiti Malpractice Suit, Insurer Says
An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.
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February 20, 2024
Insurers Say Pollution Exclusion Bars Cancer Suits Defense
An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.
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February 20, 2024
Fiji Water Microplastics Suit Heads To Illinois Federal Court
The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.
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February 16, 2024
Feds Charge Ex-Commodities Trader With $3.7M Scheme
A former commodities trader has been charged with misappropriating $3.7 million from would-be investors using misrepresentations that he later repeated to undercover agents, New Jersey federal prosecutors said Friday.
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February 16, 2024
Samsung Ordered To Arbitrate Hundreds Of BIPA Claims
An Illinois federal judge has ordered Samsung Electronics to arbitrate 806 customers' biometric-privacy claims and to pay the American Arbitration Association for fees it owes in the slew of disputes, ruling that the company can't refuse to arbitrate under its own binding agreements.
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February 16, 2024
PTAB To Review Engine Patent After Court Axed It
The BMW brand has won a decision from the patent board to review the validity of a patented method for calculating the valve timing in a car engine, over half a year after a federal judge in Illinois ruled that the patent failed the U.S. Supreme Court's Alice standard for patent eligibility.
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February 16, 2024
Boeing And Lion Air Families Spar In 7th Circ. Jury Trial Bid
The Seventh Circuit on Friday considered whether a more than century-old law governing fatal accidents occurring over the high seas allows the two remaining victims' estates suing Boeing over the Lion Air 737 Max crash to demand a jury trial.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
Voters Urge Keeping Trump Off Ill. Ballot As Primary Looms
Illinois voters told a Cook County judge Friday she should issue an order that Donald Trump can't appear on the state's March primary and subsequent general election ballots, arguing an elections board should have been empowered to remove Trump even if he didn't "knowingly" lie about his eligibility.
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February 16, 2024
NCAA, Hoopster Settle Dispute Over Betting Suspension
The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.
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February 16, 2024
Ex-Ill. Senator Admits Campaign Fund Misuse After Trial
A former Illinois state senator has admitted using campaign funds to buy trucks and recreational vehicles, pleading guilty to all counts after a three-day bench trial.
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February 16, 2024
Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago
Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.
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February 15, 2024
7th Circ. Rejects Ancestry.com's Arbitration Bid In Privacy Suit
The Seventh Circuit on Thursday upheld a lower court's decision that minors suing Ancestry.com for sharing their genetic testing information can avoid arbitration, saying there was no language in the terms their parents signed designating the children as parties to the agreement.
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February 15, 2024
7th Circ. Questions $4M Samsung Arbitration Fee Order
The Seventh Circuit seemed skeptical Thursday that more than 35,000 Samsung consumers had enough evidence to prove the telecommunications giant should pay $4 million in individual biometric privacy arbitration fees, as one judge also questioned whether the appeal is properly before the court.
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February 15, 2024
Instant Brands May Have Rights Against Supplier, Judge Says
A Texas bankruptcy judge issued a tentative ruling that could favor appliance and housewares maker Instant Brands in its dispute with a supplier objecting to the Chapter 11 plan's treatment of indemnification claims.
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February 15, 2024
Marketing Co. Asks Justices To Hear 'Impossible' TM Row
Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.
Expert Analysis
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Series
Prosecutor Pointers: Make Time For Expert Witness Prep
As evidence analysis techniques become more scientifically advanced, prosecutors should invest ample time and follow a preparation checklist so that pretrial meetings with expert witnesses are efficient and productive, culminating in a persuasive and understandable presentation at trial, says Illinois state prosecutor Amy Watroba.
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Ill. High Court Could Shift Scope Of Intracorporate Defamation
The Illinois Supreme Court recently agreed to hear Project44 v. FourKites, giving it the opportunity to clarify its framework on defamation, including its stance on company-disparaging communications to a corporate officer or director from an outside third party, says Phillip Zisook at Schoenberg Finkel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Bankruptcy Sales Uncertain After Justices' Section 363 Ruling
The U.S. Supreme Court's holding in MOAC v. Transform that Section 363(m) of the Bankruptcy Code is not a jurisdictional provision means parties to 363 sales are now at the mercy of courts that may have differing perspectives on the issue, creating uncertainty for trustees, third parties and purchasers, say Thomas Loeb and Carrie Brosius at Vorys.
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The Role Record-Keeping May Play In TCPA Class Cert.
Two recent federal court decisions highlight that the viability of the established business relationship exemption for defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company's record-keeping and policies, says Samantha Duke at Rumberger Kirk.
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Expect The Patchwork Of AI Regulation To Grow
Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.
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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.