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Illinois

  • June 4, 2018

    7th Circ. Says Expert Necessary To Sue Teva Over Broken IUD

    The Seventh Circuit agreed with an Indiana federal judge Monday in finding that a woman whose intrauterine contraceptive device broke apart during removal needed expert evidence to bring product liability claims against Teva North America, saying problems with the device are not obvious.

  • June 1, 2018

    Feds Want Spoofing Victim Notification Page On DOJ Website

    The U.S. government asked an Illinois federal judge Friday to let it stray from typical crime victim notice procedures and use a website to tell people about a man’s alleged role in a spoofing scheme, saying the number of potential victims in the case makes it impossible notify all individually.

  • June 1, 2018

    Senior Home, Kronos Can't Shake Ill. Biometric Privacy Suit

    An Illinois federal judge has refused to nix a putative class action accusing Smith Senior Living and its time clock supplier, Kronos, of violating the state's biometric privacy law by requiring Smith employees to scan their fingerprints, finding that the disclosure of a former employee's biometric data to Kronos created a concrete injury sufficient to establish standing.

  • June 1, 2018

    Attys Sanctioned Over Possible Fraud In HDMI Cable Suit

    A California man and his lawyers who have asserted his standing to intervene in a class action over allegedly misleading HDMI cable packaging have one week to show an Illinois state court judge the photo he’s claimed for more than a year proves his eligibility to oppose its settlement.

  • June 1, 2018

    BofA Call Center Staff Say They're Stiffed On Log-In Time

    Bank of America was hit with a proposed class action in Illinois federal court Friday filed by employees of its customer service call centers who say they weren’t paid overtime for work they had to do off-the-clock.

  • June 1, 2018

    Illinois Bell Seeks To Arbitrate TCPA Suit Over Autodialers

    Illinois Bell Telephone Co. and an AT&T affiliate have urged an Illinois federal judge to force its dispute with a consumer into arbitration, arguing that his claims of receiving allegedly illegal phone calls fell under the arbitration provisions of his internet service contract.

  • June 1, 2018

    Whistleblower Allegedly Filed Doc Mocking Hastert Atty

    Counsel for former U.S. Speaker Dennis Hastert told an Illinois federal judge on Thursday a would-be whistleblower who accused Hastert of misusing federal funds filed documents with the court in which he secretly altered Hastert’s attorney Christian Poland’s name to “Christina.”

  • May 31, 2018

    Speedway Ill. Biometric Privacy Suit Remanded Over Standing

    An Illinois federal judge on Thursday granted a former Speedway LLC employee’s request to return to state court his proposed class action accusing the gas station operator of violating the state’s biometric privacy law by illegally gathering worker fingerprints, saying the alleged injuries weren’t sufficient to confer federal court standing.

  • May 31, 2018

    Ill. Court OKs Doc's Win In Botched Tonsillectomy Trial

    An Illinois appellate panel has affirmed a jury's decision to clear a doctor of malpractice in a suit accusing him of botching a woman's tonsillectomy, which purportedly caused difficulty swallowing and a speech impediment, saying there was sufficient evidence supporting the verdict.

  • May 31, 2018

    States Say EPA Isn't Limiting Landfill Emissions Under Rule

    A coalition of states including California, Pennsylvania and Illinois sued the U.S. Environmental Protection Agency in federal court on Thursday, alleging it has violated the Clean Air Act by failing to impose an Obama-era regulation limiting emissions from municipal landfills.

  • May 31, 2018

    Facebook Privacy Suits' Grouping In Calif. Eyed By JPML

    The Judicial Panel on Multidistrict Litigation seemed prepared Thursday to send a group of lawsuits over the Cambridge Analytica data privacy breach that affected more than 87 million Facebook users to the social media giant’s home court in California, despite requests that an MDL be more centrally located given its potential reach overseas.

  • May 31, 2018

    JPML Eyes Sending VIX Suits To Ill. Despite Judge Shortage

    The Judicial Panel on Multidistrict Litigation seemed unmoved Thursday by a request from investors alleging an unlawful manipulation of the Chicago Board Options Exchange's volatility index to consolidate similar suits in New York rather than Illinois given the number of bench vacancies on Chicago federal court.

  • May 31, 2018

    'Copycats' Can't Push Zetia Antitrust MDL To NY, Panel Told

    The Judicial Panel on Multidistrict Litigation on Thursday questioned the motives of attorneys requesting the centralization of suits claiming Merck & Co. Inc. conspired with a generics maker to stifle competition for its drug Zetia, with one panel judge asking whether the real fight was over the appointment of lead counsel.

  • May 31, 2018

    SEC Gets Immigration Atty DQ'd In EB-5 Scam Suit

    A Chicago-based immigration attorney the U.S. Securities and Exchange Commission accused of swindling foreign investors seeking EB-5 visas can no longer represent numerous supplemental defendants in the case, with an Illinois federal judge determining that conflicts of interest existed.

  • May 31, 2018

    HFF Helps Ink $56.5M Financing For Suburban Chicago Apts.

    Holliday Fenoglio Fowler LP on Thursday said it secured $56.5 million in financing for a 579-unit multi-housing community in a northwest Chicago suburb.

  • May 31, 2018

    JPML Wary Of Merging Cloud Patent Row Amid Amazon Suit

    The Judicial Panel on Multidistrict Litigation had questions Thursday about whether it should centralize several dozen cloud computing patent infringement suits filed by software developer PersonalWeb Technologies LLC while the company fights Amazon over whether the claims have already been decided.

  • May 31, 2018

    17 AGs Blast HHS Rollback Of Nursing Home Protections

    A coalition of 17 state attorneys general told the U.S. Department of Health and Human Services that its potential rollback of regulations for skilled nursing facilities will not only threaten the well-being of their residents, but also impede the investigation and prosecution of suspected crimes.

  • May 30, 2018

    Business Owners Ran $25M Tech Support Scam, DOJ Says

    The U.S. Department of Justice announced charges Wednesday against two Florida businessmen who allegedly used companies they owned in Florida and Costa Rica to run a $25 million tech support scam that victimized more than 40,000 people in several countries.

  • May 30, 2018

    Insurers Must Face Coverage Suit Over DOJ Response

    An Illinois federal judge on Wednesday refused to dismiss three insurers from policyholder Astellas’s suit over coverage for the pharma company’s response to a U.S. Department of Justice subpoena linked to possible Medicare fraud, saying the insurers haven't made a strong case that subpoenas aren't covered under policy language.

  • May 30, 2018

    7th Circ. Keeps Indictment Against Ex-Rep. Aaron Schock

    The Seventh Circuit on Wednesday rejected former U.S. Rep. Aaron Schock's bid to dismiss his federal indictment on charges he misused public funding to cover interior decorating and travel costs, saying the Constitution's rulemaking clause does not protect him from prosecution.

Expert Analysis

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • A More Mobility-Friendly Approach To Noncompetes In Ill.?

    Dan Fazio

    An Illinois federal judge's recent decision in Medix Staffing Solutions v. Dumrauf marks a departure from the weight of authority in the state that would traditionally allow development of a factual record before finding a noncompetition covenant overbroad, say Dan Fazio and Shane Blackstone of Winston & Strawn LLP.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.