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COOK COUNTY RECORD

Tuesday, March 19, 2024

Stephanie N. Grimoldby News


'Floodgates have officially opened': IL employers facing new lawsuit blitz under state's genetic info privacy law

By Stephanie N. Grimoldby |
Thousands of Illinois employers have faced potentially financially catastrophic class actions under the state's biometric privacy law. Now, a new raft of class actions appears to be arriving under a different law, the Genetic Information Privacy Act

Using Pronouns: IL courts may need to balance person's rights to respect, 'proper pronouns' vs free speech, religious rights of others

By Stephanie N. Grimoldby |
A special Illinois Supreme Court subcommittee is exploring potential recommendations for future rules governing how to use pronouns and gendered terminology in court. No challenges against such rules have yet been brought, but future challenges may yet arise under the First Amendment or civil rights laws

Using Pronouns: Illinois courts consider changing rules to govern how judges, attorneys must handle people's pronouns

By Stephanie N. Grimoldby |
New court rules building on the work of a special subcommittee could create more risk of repercussions for those working in Illinois' courts for referring to people using pronouns other than those they have chosen

IL courts, reform advocates agree: Time is now for IL Supreme Court to rein in lawmakers' constitutional 'lapses'

By Stephanie N. Grimoldby |
A flurry of lawsuits ask the Illinois Supreme Court to follow through on its longstanding threat to stop allowing lawmakers to police themselves in deciding whether they have followed the Illinois state constitution when passing sweeping new laws, like the so-called "assault weapons" ban

Standing alone: IL Supreme Court's unique retire-and-replace system lets justices all but pick replacements

By Stephanie N. Grimoldby |
This fall, voters in much of northern and central Illinois will have a rare opportunity: To elect two Illinois Supreme Court justices and possibly flip the court's partisan balance. Currently, six of the state's seven Supreme Court justices were initially appointed by the court after other justices retired, allowing some appointees the power of incumbency when they face election.

Fear & Politics: Judges, lawyers reluctant to defend rights vs guv's, mayors' emergency power amid pandemic

By Stephanie N. Grimoldby |
Why have judges and lawyers - including those who bill themselves as defenders of civil liberties - largely deferred to the widespread use of emergency executive power by governors, mayors and others, throughout the Covid pandemic, despite constitutional questions?

Hard time fighting back: Employers seek defenses vs rising biometrics class actions, emboldened settlement demands

By Stephanie N. Grimoldby |
A January Illinois Supreme Court decision effectively ended employers' efforts to use Illinois' workers' comp law to beat biometrics class actions, and may have emboldened the plaintiff’s bar to seek even higher settlements

'Perception of fairness': Cook County Dems ask judge candidates to sign ethically questionable pledge to get endorsed

By Stephanie N. Grimoldby |
Candidates, including judges, who sign the pledge are required to acknowledge that one of the “explicitly stated purposes” of the party is that it “advances the ideals and principles of the Democratic Party.”

'The way due process is supposed to work': IL Sup Ct decision reshapes Cook County's legal landscape

By Stephanie N. Grimoldby |
Three years after the U.S. Supreme Court moved to significantly limit general personal jurisdiction over corporations, the Illinois Supreme Court at last has used that precedent to perhaps achieve legal venue reforms long sought by business groups and reform proponents - and long ignored by state lawmakers.

Label or Liability: Case law could lead to short shelf life for $3M Paxil 'innovator liability' verdict

By Stephanie N. Grimoldby |
A Chicago federal jury shocked many observers by ordering drugmaker GlaxoSmithKline to pay $3 million to the widow of lawyer Stewart Dolin, who committed suicide in 2010 after taking a generic version of GSK's antidepressant Paxil. But legal observers believe the decision may have a short shelf life, as it could defy decades of case law on the concept of innovator liability.

Instant Risk: Litigation threat could imperil schools' ability to instantly message parents, others

By Stephanie N. Grimoldby |
A class action lawsuit now pending in Chicago’s federal courts could imperil the ability of schools to instantly send out voice and text messages and emails to parents, students and the community to inform them of emergency situations and other school-related matters, according to one company that specializes in providing schools with such messaging services.  And should such services disappear, schools in Illinois and elsewhere could be left scrambling to adapt to an enforced new legal reality, school officials said. 

Adapting to the patchwork: Communities, employers consider options in wake of Cook Co. labor rules

By Stephanie N. Grimoldby |
A growing number of Cook County communities are opting out of the county's minimum wage and sick leave ordinances. And businesses are considering their options to adapt to a patchwork legal landscape and what they perceive to be an increasingly unfriendly environment for business in Cook County.

Reform or distraction: Chicago sports teams seek workers comp changes for athletes in budget deal

By Stephanie N. Grimoldby |
With the state's financial situation hinging in part on a deal to reform some state worker's compensation rules, Chicago's major pro sports franchises have jumped in, seeking a measure allowing them to stop paying workers comp to athletes at age 35. The teams say it's necessary to change rules that bear no resemblance to the realities of their business, and allow athletes who play for teams in other states with less generous workers comp systems the chance to "forum shop."

Home Rules: Cook County suburbs mull if, how to respond to county's Chicago-style ordinances

By Stephanie N. Grimoldby |
Cook County communities are weighing their options to respond to actions by the Cook County Board to impose ordinances, similar to those approved earlier this year in Chicago, to mandate paid sick leave and boost the minimum wage. The suburban communities believe the state constitution gives them the power to opt out, without challenging the county's constitutional authority to pass the ordinances in the first place.

Home Rules: Cook County awaits challenges to authority to mandate paid sick leave, boost min wage

By Stephanie N. Grimoldby |
Cook County has enacted ordinances, virtually identical to similar ordinances enacted earlier by the city of Chicago, requiring employers throughout the county provide paid sick leave and a higher minimum wage to employees. But did the county have the authority to do it? Opinions from the county's own State's Attorney's office said likely not.

Home Rules: Cook County echoes Chicago on paid sick leave, min wage, frustrating suburban communities

By Stephanie N. Grimoldby |
Cook County has enacted policies - first put into place by Chicago City Hall - mandating employers provide paid sick leave and sharply boosting the minimum wage. The changes have left many suburban communities and business leaders frustrated and concerned.

Logging In: California judge's ruling could queue up more lawsuits under IL biometric privacy law

By Stephanie N. Grimoldby |
While technological privacy advocates cheered, a California federal judge this spring sent shockwaves through the tech world and many other industries, determining an Illinois law that has spawned a wave of litigation already could be applied to businesses based virtually anywhere, so long as they did business in Illinois. 

Logging In: Growing class actions use IL biometric privacy law to target social media titans, many others

By Stephanie N. Grimoldby |
Illinois' unique law to protect biometric privacy has already had an impact, as several of social media's giants have been hit with class action lawsuits alleging their photo sharing policies ran afoul of it. But in coming years, those actions could rope in a growing number of businesses of many sizes, as judges have begun to determine the statute, enacted in 2008, could have implications far beyond even social media or Illinois' state borders.

Easy Access: For shops hit with ADA access lawsuits, compliance can be costly

By Stephanie N. Grimoldby |
Whether it’s the cost of compliance - in the form of handicapped restrooms, ramps, elevators or even simple signage – or the cost of a trial, the dollars can add up quickly for small businesses facing accessibility lawsuits under the Americans with Disabilities Act.

Easy Access: Shops hit with ADA accessibility lawsuits likely to be targets of 'serial litigators'

By Stephanie N. Grimoldby |
Last year, of the 94 ADA accessibility lawsuits filed in Chicago's federal courts, 77 of them came from just eight plaintiffs. And most of those were represented by one of two legal practices, leading some of those sued to assert they were targeted by serial litigators.