D.M. Herra News

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.

Appeals court: Teamsters local still owes $2M for revoked lease after absorbing troubled local; boss Coli off hook

By D.M. Herra | Nov 20, 2017

A local Teamsters union must still pay about $2 million to the landlord of its previous headquarters, after an appellate court found its lease agreement was valid even though the local president didn’t follow proper protocol in executing the agreement.

Federal judge says City Hall can't use zoning law 'fortuity' to sidestep shop's lawsuit over gun sale ban

By D.M. Herra | Sep 7, 2017

Chicago’s attempt to squash a suit brought against the city by a gun shop has failed, after a federal judge said City Hall can’t use zoning laws to sidestep the lawsuit accusing the city of unconstitutionally barring the shop from opening.

Seventh Circuit: Ex-Gov. Quinn OK to terminate workers comp arbitrators who sued the state over reforms

By D.M. Herra | Aug 28, 2017

A federal appellate court has affirmed Illinois governors are within their rights not to reappoint workers’ compensation arbitrators, even if they claim their dismissal was retaliatory.

Appeals court: Loyola not liable in toddler’s death or mother’s distress at seeing tubes left in body

By D.M. Herra | Mar 8, 2017

A state appeals panel has upheld a jury’s finding in favor of Loyola University Medical Center in a lawsuit brought by the parents of a 2-year-old girl who died following a surgery to replace her pacemaker.

Judge tosses class action vs CVS over 'Made in USA' vitamin C drops, for now

By D.M. Herra | Feb 15, 2017

A federal judge has dismissed a lawsuit against CVS Pharmacy in which a Cook County man claimed the company’s vitamin C drops were falsely labeled “Made in the U.S.A," but left open the door for him to potentially take another try at continuing a class action against the drugstore chain.

Ex-director of Chicago anti-patronage office OK to sue city for stopping him from doing his job

By D.M. Herra | Dec 22, 2016

A state appellate court has reinstated a lawsuit brought against the city of Chicago by the former executive director of its office of compliance, which is tasked with reviewing city hiring decisions to prevent patronage hires. 

Appeals panel: Ex-Giordano's franchisee must pay his ex-lawyers for lost arbitration vs pizza chain

By D.M. Herra | Dec 16, 2016

A state appellate panel has ruled an entrepreneur must pay his former attorneys for representing him in an arbitration matter against Giordano’s, which revoked his two franchise licenses after accusing him of violating his non-compete agreement. 

Judge: Fair Treatment policy doesn't limit court's discretion on whether wage action goes to arbitration

By D.M. Herra | Dec 7, 2016

While the case may ultimately land before an arbitrator, a federal judge has denied a home care company’s motion to use a company policy to dismiss and send to arbitration a class action lawsuit filed by a home health aide, which accused the company of underpaying her and her coworkers.

IMRF: Deloitte owes for big unfinished pension software job; Deloitte: IMRF infringed copyright

By D.M. Herra | Nov 23, 2016

A contract dispute between a state agency that manages pension funds for many Illinois local governments and retirees and a software vendor was moved into federal district court when the vendor added a counterclaim alleging copyright infringement.

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