D.M. Herra News

Man waited decades too long to launch his legal dogfight over fate of WWII fighter, appeals court says

By D.M. Herra | Mar 14, 2019

A federal appeals court last week clarified a ruling confirming ownership of a World War II fighter plane that has been at the heart of a legal dogfight.

Chicago tenant gets second chance to argue danger posed by landlord's broken concrete floors

By D.M. Herra | Mar 6, 2019

A woman suing her landlord over the degraded floors in her building’s parking garage will have another chance to argue her case in court, after a state appeals panel reversed a lower court’s decision in favor of the property owner.

Appellate court: Chicago fire pension board wrong to deny disability pension to paramedic with PTSD

By D.M. Herra | Feb 12, 2019

A state appeals court has ordered a Chicago firefighters' pension board to award a paramedic a duty disability pension equal to 75 percent of her salary after a little over five years on the job, because they said the board ignored evidence the paramedic had suffered from post-traumatic stress disorder.

Judge: Employees classified together for overtime exemption can sue together for overtime pay

By D.M. Herra | Feb 7, 2019

A federal judge refused to break up a class action lawsuit against freight service Total Quality Logistics, finding the company’s own policies undermine its argument that the class members are too different to qualify for class certification.

IL appeals court: No need to show FedEx harmed anyone to press class action over card digits on receipt

By D.M. Herra | Jan 28, 2019

A state appellate panel says a woman doesn’t need to show she or anyone else was actually harmed when too many of her credit card numbers were printed on a receipt, and will allow her class action lawsuit against FedEx to resume.

Chicago Heights wins new chance to sue insurers to cover settlement for man exonerated of murder charge

By D.M. Herra | Jan 23, 2019

Chicago Heights has another chance at getting a pair of insurance companies to foot the bill for a portion of a settlement to a man who was wrongfully convicted of a 1993 murder.

Appeals panel: Palos developer's heirs waited too long to sue Kovitz, FGMK for helping siblings' alleged scheme

By D.M. Herra | Jan 17, 2019

An Illinois appellate court found seven siblings involved in an intense family dispute over their mother’s estate are time barred from suing accountants and attorneys they claim helped to deny them their millions of dollars.

In final days, outgoing IL A/G announces $135M settlement with drugmaker Teva over drug prices

By D.M. Herra | Jan 16, 2019

A $135 million settlement with Teva Pharmaceuticals USA Inc. ticks another defendant off the list of 47 drug companies sued by the state of Illinois over alleged inflated drug prices.

Man hasn't proven North Park school board, others, conspired to force home sale, demolition: Appeals panel

By D.M. Herra | Dec 28, 2018

A Chicago man simply didn’t have the evidence to back up his claims a local elementary school and school board conspired against him to force him to sell the school a parcel of land, a state appeals panel has ruled.

IL Supreme Court: 'Hearsay' Facebook post not enough to force car crash defendant to reveal medical history

By D.M. Herra | Dec 17, 2018

The Illinois state Supreme Court ruled that a plaintiff in a personal injury lawsuit arising from a traffic crash is not entitled to the defendant’s medical records when the defendant’s health is not part of the allegations.

Appeals court reopens question of whether Indiana merchant can ship wine to Illinois customers

By D.M. Herra | Dec 7, 2018

Anticipating an appetite at the U.S. Supreme Court to upend state laws favoring in-state liquor sellers, a federal appeals panel in Chicago has given an Indiana wine seller another chance to argue Illinois’ law blocking them from shipping wine to Illinois residents violates constitutional interstate commerce protections.

Five Guys embroiled in legal battle with architect firm over restaurant design rights

By D.M. Herra | Dec 5, 2018

Burger joint Five Guys is embroiled in a legal battle with an architectural firm over whether the restaurant had the right to reuse the firm’s copyrighted designs for locations outside of its contract.

Appeals court: Palatine grad’s motion for locker room access rendered moot by graduation

By D.M. Herra | Dec 3, 2018

A transgender former student who sued over access to Palatine High School’s girls’ locker room saw an appeal dismissed last week when an appellate panel said she could not continue to press for an injunction forcing the school district to grant access, when she had already graduated.

Popular school principal sues CPS over ouster, says attendance falsification charges unsubstantiated

By D.M. Herra | Nov 23, 2018

A principal of a Chicago international school – seemingly popular with many students’ parents and others in the community - has filed suit against the city’s board of education, claiming the board is trying to remove him on unsubstantiated charges.

Judge refuses to shut down racial discrimination class action vs Chicago water department

By D.M. Herra | Nov 21, 2018

Judge refuses to shut down racial discrimination class action vs Chicago water department

Age discrimination law applies to job applicants, not just employees, appellate court finds

By D.M. Herra | May 2, 2018

A health care products company may have violated the Age Discrimination in Employment Act when it capped the number of years of experience applicants to its corporate counsel position could have, according to a divided federal appeals panel, which found anti-discrimination protections in place for employees should also be extended to job applicants.

Appellate court: Parents, not Starbucks, responsible for amputation of finger of child playing in restaurant

By D.M. Herra | Feb 6, 2018

A federal appeals court has shut off a lawsuit brewed by parents against Starbucks, as judges said the coffeehouse chain is not responsible for injuries that led to the amputation of a finger from a child who was playing in the store, because the child’s parents should have prevented the injury.

Appeals court upholds Chicago Heights ward map, says objectors can't present counter map

By D.M. Herra | Jan 31, 2018

A federal appellate court ruled that the city of Chicago Heights set proper boundaries when it redrew aldermanic ward maps, agreeing with a lower court that the map’s opponents, who alleged the city’s map violated a court decree addressing racial discrimination, do not have authority to submit their own alternative map for the court’s consideration.

Union asserts Constitution allows it to 'shame' Ameristar patrons amid labor dispute with E. Chicago casino

By D.M. Herra | Jan 29, 2018

A union representing about 200 casino employees filed a motion for summary judgment in a lawsuit brought against it by the East Chicago casino and some patrons, arguing that behavior the plaintiffs deemed harassing is constitutionally protected free speech.

Class action: Condo sellers ripped off by document management company's fees to access legal documents

By D.M. Herra | Nov 22, 2017

A former condominium owner has sued the document management company contracted by his condo association, claiming the company charged more than $300 for access to electronic documents, some of which he says could have been provided for less than $3.

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