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COOK COUNTY RECORD

Wednesday, April 17, 2024

Elizabeth Alt News


Appeals panel revives woman's lawsuit vs Kmart over Black Friday trip, fall over empty basket

By Elizabeth Alt |
A state appeals court has revived a woman's lawsuit against Kmart, saying the retailer can be sued because the judge could not clearly discount the woman's account of how she came to trip over an empty shopping basket in her path on the floor of a Rockford store on Black Friday 2013.

Judge denies Chicago Fraternal Order of Police request to join lawsuit on police reform

By Elizabeth Alt |
A federal judge has denied a motion brought by the union representing Chicago's police officers to intervene as a party in litigation, in an attempt to limit the scope of a settlement agreement between the state of Illinois and the city of Chicago mandating reforms for the Chicago Police Department, to address allegations officers discriminate against African American and Latino city residents.

Court denies Ameriprise motion to dismiss or transfer Allstate client-poaching case

By Elizabeth Alt |
Allstate can continue its lawsuit against Ameriprise Financial Services for violating federal trade secrets protection law by allegedly recruiting Allstate's current and former financial specialists to use their knowledge to steal Allstate's customers.

Judge: Menards couldn't know customer would trip over boards sticking out of shopping cart

By Elizabeth Alt |
A federal judge has dismissed a woman’s lawsuit against home improvement retailer Menards, accusing the company of negligence after she allegedly was injured when she tripped over 10-foot-long boards sticking out of a shopping cart.

California Supreme Court's decision on independent contractors could mean big changes for employers

By Elizabeth Alt |
A recent decision by the California Supreme Court may pose new litigation risks for companies by changing the way the state defines employees or independent contractors, according to Richard Reibstein, an attorney with Locke Lord and co-head of the law firm’s independent contractor compliance practice.

Illinois appeals panel: Medical providers can't recover interest from employers who pay WC medical bills late

By Elizabeth Alt |
An Illinois appellate court has decided a health care provider is not entitled to recover interest from employers when they don’t pay worker compensation medical bills on time. Further, the court said such disputes actually may not belong in the courts, at all, but rather with the state's Workers Compensation Commission.

KFC wins right to restrict halal advertising; Case reminds franchisees of parent brand's contract rights

By Elizabeth Alt |
A federal judge's recent decision to allow KFC to tell a Muslim franchise owner to stop advertising his halal chicken should serve as a reminder that, when it comes to franchise business relationships, the parent brand has the final say on all matters of public perception, a business attorney said.

Attorneys say debt collection agencies must watch language after federal court ruling

By Elizabeth Alt |
A recent federal court decision underscores the importance of minding the verbs used in communications from debt collectors.

Cook County Clerk's office launches online marriage license application, saving users, staff time

By Elizabeth Alt |
The Cook County Clerk's office has added an online marriage license application feature to the clerk's website, allowing couples getting married in Chicago or suburban Cook County to fill out the application online before going to the office in person, saving over half the time it takes to do the entire process in person.

Former manager’s age discrimination suit against Ashley Furniture dismissed, for now

By Elizabeth Alt |
Ashley Furniture has won a round in one of the lawsuits filed against it for allegedly discriminating against older managers in a bid to hire "millennials," as a federal judge has dismissed, for now, a former manager’s age discrimination lawsuit because the judge determined the man had failed to properly name his employer in a discrimination claim filed with the U.S. Equal Employment Opportunity Commission (EEOC).

Appeals court: Man didn't cooperate with doctors, can't sue Rush U. Med Center over leg amputation

By Elizabeth Alt |
On Dec. 15, a state appeals court affirmed a Cook County judge's judgment in favor of Rush University Medical Center in a dispute involving a former patient who claimed his leg amputation could have been avoided had the defendants properly referred him to a vascular surgeon, but who the hospital argued had been uncooperative with medical professionals, costing them the opportunity to save his leg.

IL A/G accuses Check into Cash of requiring low-wage non-competes, breaking new law

By Elizabeth Alt |
Illinois Attorney General Lisa Madigan has sued payday loan lender Check into Cash of Illinois LLC for allegedly violating the Illinois Freedom to Work Act by requiring employees to sign non-compete agreements, marking the first time that new law has been enforced directly by her office.

Attorney says 'no chance' that $140 million punitive damages judgment against AbbVie will stand

By Elizabeth Alt |
North Chicago-based drugmaker AbbVie has asked a federal judge to toss out a $140 million verdict against it for allegedly mismarketing its testosterone replacement therapy drug, Androgel. And in the view of a Chicago attorney whose practice focuses on Supreme Court and appellate cases, as well as class actions, there is "no chance" that judgment will be allowed to stand.

Divided appeals court says Lake County wrong to deny permit for homeless shelter in public building

By Elizabeth Alt |
A charity seeking to operate a new residence facility in Lake County for the chronically homeless have secured a win in their tussle with county officials over the project, after a divided state appellate panel sided with a trial court's decision to reverse a county board's decision to deny the Lake County PADS group's application to open a new site for its Safe Haven program in a vacant government building.

Seventh Circuit strikes down IL 'full slate' 3rd party election rule, says state blocked election participation

By Elizabeth Alt |
Upcoming Illinois elections could see more third-party candidates than in past rounds of balloting after Illinois' full slate ballot requirement law, which placed additional burdens on third party candidates seeking to run for office, was struck down by a federal appeals court.

Ninth Circuit decision in Robins v. Spokeo case could have far reaching implications

By Elizabeth Alt |
A California federal appeals court's ruling that Thomas Robins and other consumers have actually alleged sufficient injury to pursue their claims in federal court against online personal information listing service Spokeo - the first such ruling in the case since a historic U.S. Supreme Court decision - could have far reaching implications.

Bank of America, others prevail in class-action suit over consumer privacy

By Elizabeth Alt |
A federal judge in Illinois has ruled that Bank of America and other banks were not in violation of consumer privacy acts and dismissed a class-action suit accusing the bank of improperly distributing the confidential information of homeowners who had borrowed mortgage loans.

Serta Simmons sues competitor Bob’s Discount Furniture over alleged misleading mattress ad

By Elizabeth Alt |
Mattress company Serta Simmons Bedding LLC has asked a judge to put to sleep an ad campaign from furniture retailer, Bob’s Discount Furniture, in which Simmons alleges Bob's used a comparison of one of its mattresses to one of Simmons’ patented mattresses to mislead consumers to believe Bob’s offers the same mattress for a much lower price.

Court says ex-Oakton C.C. cop can't press defamation claim vs school over 'problem employee' flyer

By Elizabeth Alt |
A federal judge has granted a partial win to Oakton Community College, saying a former Oakton campus police officer can't press her case the college defamed her when it included her photograph on a flyer for a seminar about "problem employees" that began circulating after her termination.

Judge clears diabetic ex-United flight attendant for new try at disability class action

By Elizabeth Alt |
A former United Airlines flight attendant will get another chance to press her class action lawsuit against her former employer, alleging the airline terminated her and other employees for missing work due to diabetes, claiming the condition is a disability and not merely a common illness.