D.M. Herra News

Broker accused of creating fake zoning designation to mislead would-be grocer could be made to pay: Appeals panel

By D.M. Herra | May 16, 2019

A real estate broker who allegedly made up a zoning classification to make the buyer of a storefront in a Chicago condo building think he could operate a grocery store in the residential building may be on the hook for damages, a state appeals panel has said.

Court: IL Secretary of State can't charge $20K for documents after taking 6 months to respond to FOIA ask

By D.M. Herra | May 7, 2019

Appellate court says Secretary of State can't charge $20,000 for documents after waiting more than six months to respond to FOIA request

Appellate panel: 'Defamatory' American Bar Association journal article was actually protected speech

By D.M. Herra | May 6, 2019

CHICAGO – A certifying agency for forensic document examiners failed to convince a federal appellate court that the American Bar Association libeled it by publishing an article that suggested another agency’s graduates were better trained.

Builders Bank's appeal of FDIC rating deemed waste of 'a judge's valuable time'

By D.M. Herra | May 2, 2019

A federal appeals panel has denied a former bank’s attempt to sue the Federal Deposit Insurance Corp. and upbraided the plaintiffs for legal maneuvering that "wasted a judge’s valuable time.”

IL appeals court warns Lake County property owners their Truth in Taxation complaint borders on frivolous

By D.M. Herra | Apr 26, 2019

A group of Lake County property owners who lost a tax-objection complaint found no relief from a state appellate court, which warned the appeal was meritless and bordered on the frivolous.

Appeals court: Doctor's 'credentialing file' protected from disclosure in medmal suit vs hospital

By D.M. Herra | Apr 12, 2019

An Illinois state appellate court says South Shore Hospital doesn't need to produce a doctor's "credentialing file" as part of a medical malpractice case, finding that the documents are privileged under state law.

Appeals court: Doctor prescribed drug for 6 years, supposed to be taken for 12 weeks; Osco can't be sued

By D.M. Herra | Apr 4, 2019

An appellate court ruled that Osco pharmacists cannot be held responsible for disabilities a man suffered when his doctor continued to prescribe a short-term medication for six years.

Archdiocese: 7th Circuit should decide if fired gay ex-church music director can sue for hostile work environment

By D.M. Herra | Apr 1, 2019

The Chicago Archdiocese is asking a federal judge for permission to take straight to a federal appeals court the question of whether a Calumet City church music director, who has accused the local Catholic Church of firing him for being gay, can sidestep the legal latitude afforded churches under the Constitution by repackaging his lawsuit to instead argue the church subjected him to a hostile work environment.

Appeals court lets plaintiff redesignate expert witness as 'consultant' in medmal case vs Mercy Hospital

By D.M. Herra | Mar 26, 2019

A Cook County circuit judge was wrong to hold a woman suing Mercy Hospital in contempt when she tried to change her expert witness to a non-testifying consultant, a state appeals panel has ruled.

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.

The Record Network