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Illinois
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June 05, 2024
Samsung Escapes Illinois Suit Over Exploding Vape Battery
An Illinois state appeals court has freed South Korea-based Samsung SDI Co. Ltd. from a suit alleging it sold a lithium-ion battery that exploded in a man's pocket, finding the man failed to provide any evidence that the company directed its wares at Illinois.
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June 05, 2024
7th Circ. Affirms Toss Of Mexican National's Widow Petition
The Seventh Circuit upheld U.S. Citizenship and Immigration Services' decision to deny a Mexican woman's bid for a visa as the widow of a U.S. citizen, saying the agency properly faulted her for misrepresenting her continued relationship with her ex-husband.
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June 04, 2024
Mitch McConnell Slams 7th Circ. Nom's 'Sheer Incompetence'
Senate Majority Leader Mitch McConnell tore into Seventh Circuit nominee U.S. District Judge Nancy L. Maldonado on the Senate floor Tuesday, criticizing her case backlog and saying that she has distinguished herself "with sheer incompetence."
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June 04, 2024
7th Circ. Lambasts Lawyer's 'Twilight Zone' Font
A Seventh Circuit panel criticized an attorney's use of the typeface used in the "Twilight Zone" logo, urging lawyers to use more conventional fonts recommended in the court's handbook that won't "wear out judicial eyes," though the attorney told Law360 he's unlikely to change.
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June 04, 2024
Airlines Seek Shield From Chicago's New Paid Sick Leave Law
The trade group representing the largest U.S. airlines alleged in a federal lawsuit Tuesday that Chicago's new paid sick leave law cannot be enforced against airlines because it interferes with flight crew staffing and scheduling in violation of federal law and collective bargaining agreements.
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June 04, 2024
Franchise Co. Faces Sanctions For 'Frivolous' 7th Circ. Appeal
The Seventh Circuit has upheld a district court's order that restaurant franchise company Sun Holdings Inc. must pay insurer American Zurich a roughly $1.1 million arbitration award plus interest and attorney fees in a dispute over a workers' compensation policy, and ordered Sun Holdings to show cause for why further sanctions aren't warranted for a "frivolous appeal."
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
Chicago Restaurant Biz Can Fix Testimony Without Sanctions
A Cook County judge on Monday refused to order the management group behind celebrated Chicago eatery Maple & Ash to produce thousands of documents that it claims are subject to attorney-client privilege as a sanction for misstating when an engagement letter was signed in sworn testimony, saying the issue was concerning but deeming the relief sought inappropriate.
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June 03, 2024
Restaurants Fight Bid-Rigging Release In $75M Chicken Deals
Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.
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June 03, 2024
FERC Tells Justices Not To Review Rule Passed By Deadlock
The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.
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June 03, 2024
'Unflappable' Chicago DOJ Appeals Chief Joins Federal Bench
The top appellate lawyer for federal prosecutors in Chicago, now a newly confirmed federal judge, has an overriding sense of public duty and a deep knowledge of Seventh Circuit case law that will set her up for success on the bench, former colleagues told Law360.
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June 03, 2024
3 Firms Rep As Waste Management Inks $7.2B Stericycle Buy
Waste Management Inc. has agreed to buy medical waste company Stericycle at an enterprise value of about $7.2 billion, inclusive of approximately $1.4 billion of debt, the companies said in a statement Monday.
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June 03, 2024
Paul Hastings Adds 11-Partner King & Spalding Finance Team
Continuing its hiring in the finance and restructuring space, Paul Hastings LLP announced Monday that it is bringing on a team of 11 partners from King & Spalding LLP, including the co-head of the global finance and restructuring practice.
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May 31, 2024
Online Lenders Invoked Calif. Tribe As Usury Cover, Suit Says
Two online lenders that purport to be run by a Native American tribe in California face claims they violated both federal law barring racketeering and Illinois consumer financial protection laws by lending to the state's residents at excessive rates.
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Vape Co. Can't Toss Breeze Smoke's Claims In IP Row
An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.
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May 31, 2024
DOL's Fund Mismanagement Suit Stayed For 7th Circ. Appeal
An Illinois federal judge pressed pause on a suit filed by the U.S. Department of Labor against the trustees of a union life insurance fund, saying she'll let two former trustees' appeal of an injunction she issued in the case play out before she resumes adjudicating.
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May 31, 2024
Edelson Calls Coach's Attack On Abuse Suit 'Meritless'
Edelson PC is urging a Cook County judge to toss a lawsuit from youth volleyball coach Rick Butler and his volleyball club looking to hold the firm liable for lodging allegedly "bogus" sex-abuse claims against the coach, calling it a "meritless" attempt to rehash their failed federal sanctions bid.
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May 31, 2024
Kroger's $6M BIPA Deal With 6K Workers Gets Final OK
An Illinois federal judge granted final approval to a class of about 6,000 Food4Less employees on their $6 million settlement resolving claims Kroger Co. subsidiary Ralphs unlawfully stored and used their biometric data after requiring them to scan their fingerprints to clock in and out of their shifts.
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May 31, 2024
Illinois Strengthens Atty Ethics Rules For Harassment, Bias
The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.
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May 30, 2024
Veradigm Execs Sued Over Company's Nasdaq Delisting
Current and former members of healthcare technology company Veradigm Inc.'s top brass were sued in Illinois federal court by shareholders alleging that the company suffered stock drops following a string of financial reporting blunders starting in 2021, which caused it to overstate roughly $40 million in revenue before facing a delisting notice from Nasdaq.
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May 30, 2024
Travelers Loses Dismissal Bid In BIPA Coverage Dispute
A New York federal judge declined to trim a software company's lawsuit seeking coverage from a Travelers unit for underlying claims that the company violated the Illinois Biometric Privacy Act, finding the company's declaratory relief and bad faith claims were not duplicative of a breach of contract claim.
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May 30, 2024
Ex-Chicago Mayor Dodges Atty's Lawsuit Over Zoom Tirade
An Illinois judge tossed a lawsuit brought by a former in-house attorney for the Chicago Park District accusing former Mayor Lori Lightfoot of unleashing a profane tirade laced with crude, insulting and defamatory comments during a Zoom call.
Expert Analysis
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q1
In the first quarter of 2024, Illinois lawmakers proposed a stack of bills aimed at modernizing money transmission, digital assets and banking laws, with a particular focus on improving consumer protections and better defining the state’s authority to regulate digital services, say James Morrissey and Mark Svalina at Vedder Price.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.