Cook County Record

Tuesday, January 28, 2020

Dan Churney News

IL High Court says auto policy's clause bars 'stacking' of payouts for crash

By Dan Churney | Jan 27, 2020

The Illinois Supreme Court has overturned lower court rulings, which found an insurer's allegedly "ambiguous" multi-vehicle policy allowed for multiple payouts for a single traffic crash, saying the policy is not ambiguous when read as a whole.

Illinois appeals court tosses $3.3M asbestos verdict, says it's not clear company's products caused worker's death

By Dan Churney | Jan 24, 2020

An Illinois appeals panel has overturned a McLean County jury’s verdict in an asbestos case, saying there was not enough evidence for the jury to find a deceased glazier contracted lung disease from a company's weatherproofing products.

Judge: Lawyer can't kick lawsuit financier's lawsuit over alleged fraudulent loans to fund NFL concussion suits

By Dan Churney | Jan 20, 2020

The lawsuit accused the lawyer of funneling the lawsuit loans to an investment firm. The judge said the lawyers' arguments for dismissal were "rambling."

McDonald's fights antitrust labor suit, says its restaurants do not compete with each other for workers

By Dan Churney | Jan 15, 2020

A former McDonald’s worker and the fast-food giant are battling over the worker’s putative class action suit, which alleges McDonald’s restrains trade by barring employees from transferring from one franchise to another in pursuit of better wages and conditions.

Ex-Loop office tenant's conspiracy claim vs Chicago property manager JLL doesn't 'make sense' to judge

By Dan Churney | Jan 13, 2020

Building management company Jones Lang LaSalle couldn't conspire to coerce itself into boycotting non-union contractors, the judge ruled.

Judge tosses racial bias suit vs CPS, says lower black enrollment caused teacher layoffs, not racism

By Dan Churney | Jan 6, 2020

A federal judge has dismissed a teachers union class action against the Chicago Public Schools board, which alleged discrimination against blacks was behind teacher layoffs, finding color blind bureaucracy, not racism, determined who received pink slips.

Appeals court: Cook County judge OK to send man to 'debtors prison' for not paying wife's legal bills in divorce case

By Dan Churney | Dec 30, 2019

An Illinois appeals court has ruled a Cook County judge was right to jail a Chicago real estate developer for not paying interim legal fees for his wife in their divorce case, rejecting the man's contention the jailing amounted to sending him to "debtor's prison" for not having the funds a judge presumes he does.

Split IL high court says local governments must make decisions if hiding behind special IL lawsuit immunity

By Dan Churney | Dec 26, 2019

Making no decision, leading to someone getting hurt, can get a local government sued, the Illinois Supreme Court says

Judge sinks cruise line's 'frivolous' defense in telemarketing class action, says evidence shows 'pattern' of 'illegal conduct'

By Dan Churney | Dec 18, 2019

A Chicago federal judge has ruled a cruise ship line is liable in a class action, which alleged the cruise line let telemarketers make unsolicited calls on its behalf, describing as "frivolous" the cruise line's defense argument that late physicist Stephen Hawking's computer-assisted voice could have violated anti-telemarketing law.

Facebook: SCOTUS should delete biometrics class action, says plaintiffs weren't harmed by photo tagging system

By Dan Churney | Dec 11, 2019

Facebook wants the U.S. Supreme Court to overturn a federal appellate court's ruling allowing a class action worth potentially billions of dollars to continue under an Illinois biometrics privacy law, as the company argues plaintiffs weren't harmed and the case would be too sprawling.

Pipeline Health: Melrose Park hospital workers properly told facility was closing, WARN suit should be tossed

By Dan Churney | Dec 3, 2019

The parent company of Westlake Hospital in Melrose Park is arguing hospital workers had plenty of advance notice the facility was closing, contrary to a suit by the workers that alleges employees were "blindsided" when the owners abruptly shut down, allegedly violating federal labor law.

Plaintiffs claim Shutterfly tries end-run around putative class action by emailing site users

By Dan Churney | Nov 30, 2019

Lawyers leading a biometrics class action against online photo sharing site Shutterfly claim Shutterfly tried to trick potential class members into waiving their right to take part in the suit.

Pritzker campaign committee says ex-campaign workers refusing to cooperate, discrimination suit should be tossed

By Dan Churney | Nov 27, 2019

Lawyers for Pritzker's campaign say the plaintiffs haven't cooperated in scheduling and taking depositions and other discovery, and so most of them should be tossed from the action.

IL High Court says broker Gallagher Risk can't get McCormick Foundation's lawyer communications over Tribune buyout

By Dan Churney | Nov 26, 2019

The Illinois Supreme Court has ruled an insurance broker for the McCormick Foundation, cannot obtain the Foundation’s communications with its attorneys, to help it fight an action by the Foundation alleging the broker set up a policy that did not cover suits resulting from the Tribune’s bankruptcy.

Paint makers ask IL Supreme Court to toss ruling saying parents can sue for costs of child lead tests paid by Medicaid

By Dan Churney | Nov 20, 2019

Several paint companies, which are facing a class action by a group of parents, have told the Illinois Supreme Court they should not have to pay for children's mandatory lead screenings, because Medicaid paid for the tests, not the parents.

Appeals court: Lawyer can't force Chicago to set aside a third of retiree health insurance subsidies for attorney fees

By Dan Churney | Nov 19, 2019

An Illinois appeals panel has said it has no jurisdiction to reverse a Cook County judge’s refusal to take some of the payments by the city of Chicago, meant to cover city retirees’ health insurance coverage, to instead pay fees to attorneys suing the city on behalf of retirees.

Appeals court: Insurance executive can press illegal tax shelter suit vs Northern Trust, Christiana Bank, not Seyfarth Shaw

By Dan Churney | Nov 15, 2019

An insurance executive facing a $10 million bill for unpaid income taxes can sue his former financial advisors, but not the law firm that employed the lawyer who the executive said misled him into hiding $64 million in an illegal tax shelter.

U.S. appeals judge: Aurora lawyer may need to be sanctioned for allegedly ‘bizarre’ brief

By Dan Churney | Nov 11, 2019

A Chicago federal appeals court is asking an Aurora lawyer why he shouldn’t be penalized for causing a “shameful waste of judicial resources,” on behalf of a client who pushed an “utterly frivolous” discrimination lawsuit against a candy manufacturer and others.

Suit alleges HCSC uses faulty guidelines to deny claims for inpatient mental health care

By Dan Churney | Nov 6, 2019

A woman has filed for a class action in Chicago federal court against one of the nation’s largest health insurance administrators, alleging the company tries to save money by refusing to cover residential mental health treatment on grounds such treatment is unnecessary.

Lawyers get $3.1M, robocall recipients $22 each, to settle telemarketing class action vs cruise lines

By Dan Churney | Nov 5, 2019

Plaintiff attorneys will collect $3.1 million from the settlement of a class action suit, alleging a defunct suburban travel agency made illegal telemarketing calls for cruise ship companies. People who received the calls would pocket about $22 each.