Judge junks junk fax class action settlement deal to pay plaintiffs' lawyer 98 percent of proceeds, class members zero
Saying a proposed settlement agreement in which a lawyer would receive over 98 percent of the proceeds “does not come close to meeting the standards of fairness and reasonableness,” a federal judge in Chicago has rejected the request of two truck companies to settle a class action dispute over junk faxes sent by one of the companies. Grok Lines Inc., of Palatine, which initiated a class action claim against Murray, Ky.-based Paschall Truck Lines, was pursuing a $100,000 settlement.
Already facing a class action over the price of generic drugs in San Francisco federal court, retail pharmacy giant CVS has again become the target of a similar complaint in federal court in Chicago. Robert Podgorny and Kevin P. Cauley are accusing the Rhode Island-based pharmacy chain of consumer fraud. They seek certification as a class, a jury trial, damages and injunctive relief. The complaint, filed Sept. 17, pinpoints the issue to November 2008, when CVS created its Health Savings Pass.
Chicago plaintiffs pour local lawsuit into mix of rising nationwide litigation vs McCormick over black pepper slack fill
Culinary experts may disagree on what constitutes a dash of pepper, but residents of Chicago and Altoona, Iowa, have joined their names to a growing list of litigants making a federal case out of the amount of the spice in jars sold by McCormick & Company throughout the country. Julia Vladimirsky, of Chicago, and Bernard Ortiz, of Altoona, Iowa, filed a class action complaint against spice purveyor McCormick and Wal-Mart Stores, alleging the companies changed the amount of black pepper in newer
Fitbit and Fitbug, two leading competing manufacturers of activity-tracking electronic devices, might be headed for trial after a federal judge rejected Fitbug’s request for summary judgment in a pending patent lawsuit. The matter dates to Feb. 20, 2014, when Fitbit sued Fitbug alleging a single count of patent infringement.
Lotto winners demand Lottery pay up despite state budget problems, stop selling tickets for large jackpot games
The state of Illinois has been operating since July 1 without a budget in place, causing a slowing or stoppage of payments in several arenas. One of those casualties was lottery players who won $25,000 or more on a single ticket. In response, two Illinois Lottery winners have filed a class action complaint against B.R. Lane, acting Illinois Lottery director, as well as the Lottery itself, the Lottery Control Board and Northstar Lottery Group, the private firm that operates lottery games in Illin
The online sale of five hotel properties worth a combined $86 million is proceeding after a federal judge in Chicago approved the transaction, which is connected to an ongoing lawsuit regarding a multi-million dollar fraudulent loan scheme. Pennant Management is embroiled in legal proceedings after accusing First Farmers Financial of selling it the federally guaranteed portions of 26 fraudulent loans allegedly worth $180 million.
The makers of the iconic Weber backyard grill may get their chance to prove at trial Sears intentionally aped the Weber design for its own store-brand grills, after a federal judge said there may be more than just smoke to Weber’s infringement claims against the retailer. Palatine-based Weber-Stephen Products, creator of the eponymous Weber Grill, filed suit in federal court in 2013 against Sears, alleging some Kenmore grills infringe on Weber’s trade dress.
The candy man can take a sunrise and sprinkle it with dew, but he apparently draws the line at rice weevils. Ferrara Candy Company, the century-old Oak Brook corporation behind iconic candy brands like Brach’s, Red Hots and Lemonheads, filed a federal complaint Aug. 31 in Chicago against American Licorice Company, which supplied Ferrara with its Red Vines candy, several batches of which were allegedly infested with rice weevils.
Tinley Park water customer hits village with class action for not replacing faulty meters, overcharging residents
A Tinley Park resident seeks to initiate a class action suit against the village for failing to fix its smart water meters, and ultimately overcharging its residents and customers for their water. Omar Jaber, represented by his attorneys, Larry Drury and John H. Alexander & Associates, filed a lawsuit in Cook County Circuit Court’s Chancery Division Aug. 26 regarding Tinley Park’s use of digital meters used to record water usage over the preceding decade.
An Oak Forest woman hopes to bring a class action against a dating club she said improperly managed her account and refused to cancel her membership. On Aug. 26, Judy Radusewicz filed suit against Events & Adventures, a dating service operated by Adventures Northwest, a corporation based in Washington state. She had purchased a membership with the Chicago branch of the club in April.
The operators of Rivers Casino were dealt a blow last week when a state appellate court overturned a Cook County judge’s decision vacating Cook County’s video gaming tax. Midwest Gaming and Entertainment, which operates the Des Plaines casino, had sought relief from Cook County’s tax on video gambling machines, prevailing upon Cook County Circuit Court Judge Robert Lopez Cepero to find the county tax ordinance was preempted by the state’s Riverboat Gambling Act.
CPA sues directors of defunct bank over loan to buy land secretly flipped by fellow bank director at double profit
A Hinsdale CPA who paid $3 million for farmland believed to be ripe for development near Minooka in 2005 has sued the directors of a defunct bank for allegedly defrauding him by loaning him money to buy the land, even as one of the bank’s directors flipped the land to him at a nearly 100 percent profit. John L. Beata, a certified public accountant, filed a fraud complaint in Cook County Circuit Court earlier this month aimed at the directors of the former New City Bank.
A federal judge in Chicago has rejected an attempt by residents of a west suburban community to win relief after their city’s municipal electric utility was forced to increased rates and taxes because a downstate electricity supplier had allegedly misled the city, and, by extension, its electric utility customers and residents, about the electricity it would supply.
Judge: No fraud claims, but Kraft can press contract suit vs supplier of buttermilk spray used for cheese powder
Kraft Foods' breach of contract lawsuit against a supplier lost steam this week when a federal judge in Chicago granted the defendant’s request to dismiss three of the four counts it faced. Northfield-based Kraft is suing SunOpta Ingredients, of Edina, Minn., which had sold Kraft a dried buttermilk product for more than 20 years until 2013, when Kraft allegedly learned SunOpta was no longer selling a pure buttermilk powder.
An outspoken professor embroiled in a dispute with the University of Illinois over the loss of his job after he posted controversial tweets about the Israeli-Palestinian conflict will be allowed to proceed with a breach of contract action against the school. A federal judge in Chicago last week ruled on several counts of the lawsuit Steve Salaita filed against the University of Illinois at Urbana Champaign.
Former NIU cop's lawsuit dismissed vs university amid renewed criminal action over sex assault allegations
A federal judge in Rockford has dismissed the lawsuit of a former Northern Illinois University police officer whose termination continues to embroil the DeKalb school in legal battles. Andrew Rifkin lost his job as an NIU police officer after being charged with felony criminal sexual assault in connection with an October 2011 incident involving an NIU freshman.