Dan Churney News

Chicago property manger JLL: Ex-tenants can't sue for forcing them to use union labor; allowed under NLRA

By Dan Churney | Nov 20, 2018

The management company that oversees a number of Loop office buildings is saying a suit by an ex-tenant, which alleged the company made them use union rather than cheaper non-union labor for renovations and other work, is groundless, because federal labor laws allow for such union-only conditions.

Judge sacks suit claiming McDonald’s late night drive-thru-only policy discriminates against visually impaired

By Dan Churney | Nov 15, 2018

A Chicago federal judge has fried a disability discrimination suit by a North Carolina man with visual impairments, saying the man’s lawsuit didn’t offer enough specifics to establish McDonald’s policy of only serving late night customers from its drive-up windows actually discriminated against him or others with visual impairments who cannot drive at night.

Appeals panel: Lawyer's lawsuit vs condo board over parking space groundless, but not a SLAPP

By Dan Churney | Nov 13, 2018

An Illinois appeals panel says a Loop condo owner’s lawsuit against his association board over a parking space was groundless, but the man shouldn’t be forced to pay the board’s legal defense costs, because the lawsuit didn’t come in retaliation for the board’s prior legal action against him.

Judge slices Parmesan cheese lawsuits, says labels pumped purity, but also listed additives

By Dan Churney | Nov 5, 2018

A Chicago federal judge has partially melted a group of class actions against Kraft, Walmart, Jewel Food, Target and others, which alleged the companies misled consumers as to the purity of grated Parmesan cheese by including hidden cellulose filler, finding labels may have promised unadulterated product, but cellulose was nonetheless listed as an ingredient on those labels.

Judicial board says DuPage judge lied to cops about bullet, retaliated vs. women for harassment complaints

By Dan Churney | Nov 1, 2018

The Illinois Judicial Inquiry Board is alleging a DuPage County judge retaliated against two courthouse employees for accusing him of sexual harassment and repeatedly lied to police and the board, in a separate matter, about firing a bullet through his apartment wall into an adjacent unit.

Appeals panel: $10M arbitrator’s class award invalid; Arbitration should have involved 1, not 175 employees

By Dan Churney | Oct 25, 2018

A Chicago federal appellate court has struck down a $10 million arbitration award to loan officers in a class action against Waterstone Mortgage, which alleged the company shorted officers on overtime pay, saying arbitration should only have involved the plaintiff, not another 174 employees who joined the action.

Springfield judge overstepped in OKing landowners' challenge to Ameren power line eminent domain cases: IL Sup Ct

By Dan Churney | Oct 24, 2018

The Supreme Court of Illinois has unanimously yanked the plug on a downstate court’s ruling that found the Illinois Commerce Commission breached due process by not notifying landowners their properties were in the path of proposed power lines, saying the lower court overstepped its authority, although two justices disagreed with the majority’s reasoning, calling it a “threat to individual rights.”

Chicago didn't violate woman's rights by waiting 6 months to fine for high weeds, appeals panel says

By Dan Churney | Oct 22, 2018

A federal appeals panel has upheld a lower court’s ruling Chicago ordinance inspectors did not violate a woman’s right to due process by waiting six months after an inspection to cite her for allegedly having overgrown weeds, saying that period was not excessive and she got her due process at her administrative hearing.

NorthShore says antitrust class action, accusing of overcharges, has no qualified representative

By Dan Churney | Oct 15, 2018

NorthShore University Health System wants a judge to strip the class-action status from an antitrust lawsuit against the hospital chain, which alleges NorthShore’s acquisition of a suburban hospital rubbed out competition and jacked up prices for patients, saying the sole remaining class representative has no standing to push the suit, because he suffered no injury.

Uber, Lyft video ads maker, City Hall face off in court over Chicago's ridesharing ad ban

By Dan Churney | Oct 9, 2018

The city of Chicago and a company which wants to provide interactive video advertising for Uber and Lyft vehicles operating in the city have squared off in federal court over Chicago’s ban on such ads, with the company maintaining the ban runs roughshod over the U.S. and Illinois constitutions, and the city asserting the ban is a legitimate restriction of commercial speech.

Ex-church worker: Restore $700K verdict to punish church for painting her as 'deranged' in workplace porn tiff

By Dan Churney | Oct 8, 2018

A woman, fired by the Chicago Catholic Archdiocese allegedly in retaliation for reporting contractor watching porn on church computer, has asked a federal judge to reconsider the decision to slice her $700,000 jury award, saying the church needs to be punished for allegedly wrongly painting her as "deranged."

Too soon to sanction plaintiff attorneys for 'false statements' in Yellow Cab bankruptcy dispute, judge says

By Dan Churney | Oct 2, 2018

A Chicago federal judge has cut several defendants from a suit filed by a federal bankruptcy trustee, which alleged the company that succeeded Yellow Cab drove Yellow Cab into the ground to avoid paying creditors. The judge, however, refused to sanction the trustee’s attorneys for allegedly making false claims, saying it’s too early in proceedings to address that allegation.

Federal appeals court won’t review its decision to toss $3M verdict v. GSK; Plaintiff: ‘Dangerous precedent’

By Dan Churney | Sep 24, 2018

A Chicago federal appellate court has refused to reexamine its decision last month that reversed a $3 million verdict against drugmaker GlaxoSmithKline, on grounds the company was not responsible for the labeling of the generic version of its product Paxil, despite plaintiff’s urging a rehearing was needed, because she said the appeals panel set a “dangerous precedent.”

Judge: Plaintiffs' lawyers could face sanction for ignoring key precedent in debt collection case

By Dan Churney | Sep 19, 2018

Saying a plaintiff’s attorneys' actions stood as an “egregious violation” of conduct rules, potentially punishable by sanction, a Chicago federal judge has dismissed a lawsuit against a collection agency, which alleged the agency tried to mislead a debtor with an allegedly bogus offer to settle their debt by a certain date.

Appeals court: IL doesn’t usurp feds’ power by making coal, gas burners subsidize Illinois nuke plants

By Dan Churney | Sep 17, 2018

A federal appellate court has affirmed a Chicago federal judge’s ruling that switched off suits by a group of electricity producers and Chicago-area power consumers, which sought to invalidate a state law requiring coal and gas burning electricity companies buy credits to prop up two failing Exelon nuclear plants, saying the law doesn’t infringe on federal regulatory prerogatives.

Appeals panel: Parents can sue paint makers for kids' lead screening costs, even though covered by Medicaid

By Dan Churney | Sep 11, 2018

A Chicago appellate court has overturned a lower court’s dismissal of a class action by parents who wanted paint companies to pay for mandatory tests of their children to see if the children had lead in their blood, finding the parents still hold the right to sue the companies, even though Medicaid footed the bill.

Chase to pay $19M to settle black financial advisors' suit alleging denied opportunities; lawyers to claim $5.5M

By Dan Churney | Sep 7, 2018

JP Morgan Chase Bank has agreed to pay more than $19.5 million to settle a class action suit brought in Chicago federal court by several of its employees, who alleged the banking giant assigned its black and African-American financial advisors to less profitable locations and denied them other opportunities to get ahead, because of their race.

Court-appointed federal monitor: Oversight of Cook County hiring practices no longer needed

By Dan Churney | Sep 4, 2018

A court-appointed monitor of Cook County patronage is asking a federal judge to release her from her oversight duties, saying she believes the county’s government has undergone “profound transformation” in its employment practices and has a culture in place to keep politics from unduly influencing who gets county jobs and who doesn’t.

Appeals court rules Cook County Sheriff Dart shouldn’t be blamed for loss of jail inmates’ property

By Dan Churney | Aug 27, 2018

A Chicago federal appeals has refused to upset a jury’s verdict against onetime Cook County Jail inmates, who alleged in a lawsuit the sheriff violated their constitutional rights by not protecting their possessions when they were booked, saying plaintiffs failed to show any crime was committed, much less a breach of their rights.

Appeals court lets pilots’ suit take off again, says fliers’ union may have breached representation duty

By Dan Churney | Aug 21, 2018

A dismissed suit by United Airlines pilot instructors, which alleged their union unfairly divided retroactive pay among different pilot categories, is flying again, courtesy of a Chicago federal appeals panel that ruled a lower court should not have grounded the suit, because the instructors plausibly argued the union gave them the short end of the stick.

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