Dan Churney News

Appeals panel: IL can deny concealed-carry permits to citizens of states with less stringent monitoring

By Dan Churney | Apr 16, 2019

In a 2-1 decision, a Chicago federal appeals court has upheld a lower court's ruling that said Illinois is within its rights to bar residents of most other states from seeking concealed gun permits in Illinois, on grounds those states do not make their gun-carrying citizens provide criminal and mental health information to databases Illinois can access and monitor.

Judge allows Facebook to ask appeals panel if hundreds of workers belong in OT pay class action

By Dan Churney | Apr 10, 2019

A Chicago federal judge has granted Facebook's request to allow a federal appeals panel to weigh in on whether the judge had properly allowed a group of 450 Facebook employees to move forward with a class action accusing the company of shorting them overtime pay, as Facebook asserts a large number of those worker pay disputes are barred by arbitration agreements.

IL Supreme Court OKs law that allowed union lobbyist to collect teacher pension after one day in classroom

By Dan Churney | Apr 4, 2019

The Illinois Supreme Court says a teachers union lobbyist will be allowed to double his pension after he served as a substitute teacher for one day. The decision came over dissents from other justices on the court who said the law allowing the pension boost was merely written to benefit a handful of union employees at taxpayer expense.

Judge says advocacy group for disabled can sue Chicago for non-ADA subsidized housing

By Dan Churney | Apr 2, 2019

A Chicago federal judge has refused to dismiss a lawsuit by an advocacy agency for the disabled, which alleged for decades the city of Chicago has not ensured its subsidized housing is accessible to those with disabilities, saying the agency has put forth believable arguments the city's alleged shortcomings caused it to spend extra resources to help the disabled find suitable housing.

IL Supreme Court rules victims of illicit drug use can only sue directly involved dealers

By Dan Churney | Mar 28, 2019

A divided Illinois Supreme Court has ruled that lawsuits filed under the state Drug Dealer Liability Act can only proceed if the dealer believed responsible for the distribution of the fatal dose is the named defendant, as opposed to any dealer who's active in the victim's community.

IL Supreme Court ends Chicago, Skokie bid to upend Kankakee online sales tax deals with retailers

By Dan Churney | Mar 27, 2019

The Illinois Supreme Court has overturned an appellate ruling that allowed Chicago and Skokie to press a suit against two Illinois communities and several consulting companies for allegedly rooking them out of "use tax" revenue, saying the Illinois Department of Revenue alone has jurisdiction over the taxes, not the courts or any municipality.

Appeals court: Illinois Court of Claims not really a court of law; Handles single claims vs state, not class actions

By Dan Churney | Mar 22, 2019

A Chicago appeals panel has backed up a Cook County judge's refusal to allow a class action lawsuit, which accuses the University of Illinois of favoring politically connected applicants, to proceed, saying the Illinois Court of Claims, where such a lawsuit would need to be heard, can't handle class action lawsuits.

Irish bank can't be sued in U.S. court over loans made in Chicago Spire negotiations

By Dan Churney | Mar 19, 2019

A federal judge on March 14 ruled an Irish national bank cannot be sued by a development company for allegedly sabotaging the Chicago Spire skyscraper project by selling off the company's loans.

Appeals court: Clergy housing allowance tax exemption rules are constitutional

By Dan Churney | Mar 18, 2019

A federal appeals panel has reversed a lower court ruling that said tax-free housing allowances for clergy breached the separation between church and state, finding the long history of such exemptions in the United States allows churches, not government, to properly "advance religion."

Appeals court: IL lost no money, but woman can still sue optometrist for alleged insurance fraud in state's name

By Dan Churney | Mar 15, 2019

An Illinois appeals panel says the bankruptcy trustee for the estate of a woman who once worked for a suburban Chicago optometrist can press an insurance fraud lawsuit on behalf of the state of Illinois against that optometry practice, even if the alleged fraud had not cost the state any money.

New law would require landlords in Cook County, possibly elsewhere in IL, to give financial data to tax assessors

By Dan Churney | Mar 14, 2019

If a Democrat-sponsored bill passes in Springfield, owners of countless rental properties in Cook County and potentially elsewhere in Illinois will have to turn over the property's financial records every year to their county assessor's office for tax calculation.

Federal appeals court rules GE doesn't have to remove polluted soil where Morrison factory stood

By Dan Churney | Mar 12, 2019

A Chicago federal appellate panel has upheld a lower court ruling that said owners of land contaminated by chemicals from a General Electric plant in northwestern Illinois cannot force the company to remove the polluted soil, because the Illinois Environmental Protection Agency is only calling for GE to contain the contamination.

Exelon, staffing companies accused of shorting specialized contractors OT pay

By Dan Churney | Mar 9, 2019

Specialists once employed by Exelon are suing the Chicago-headquartered power provider and three staffing companies in federal court, alleging defendants short-circuited labor law by withholding overtime pay.

Judge: Social media IDs too murky to let class action continue vs Groupon over Instagram photos

By Dan Churney | Mar 6, 2019

A Chicago federal judge has refused to grant class action status to a woman's lawsuit against Chicago-based Groupon, which alleged the e-commerce provider has wrongly used Instagram photos to promote its deals for restaurants and other businesses, saying there are too many individualized claims for a class action to be practical.

State alleges Chicago lawyer used false excuse of stomach cancer to stall cases

By Dan Churney | Mar 1, 2019

State regulators say there are enough grounds to consider action against the law license of a Chicago attorney who allegedly engaged in several acts of dishonesty, which allegedly included repeatedly delaying court proceedings with false claims that he was suffering from stomach cancer.

Appeals court: State can strip Glenview hospice's tax exempt status, because it does too little charity

By Dan Churney | Feb 27, 2019

An Illinois appeals panel has determined state tax officials were right to deny tax-exempt status to a suburban Chicago hospice center, because, even though it shares land with a sister palliative facility that is exempt, less than one percent of the hospice's $30 million annual revenue went to charity.

Split IL Sup. Ct.: No quick escape for man facing 'unprecedented' criminal charges for violating licensing regs

By Dan Churney | Feb 27, 2019

A split Illinois Supreme Court has given the green light to downstate prosecutors to proceed with pressing a criminal case against a man charged with violating a state licensing law governing the business of timber buying, even though the court's dissenting members noted the supposed criminal charges may not exist in the state law cited by prosecutors.

Judge says ex-Broadview mayor can't be sued for allegedly bad mouthing planned strip club while in office

By Dan Churney | Feb 20, 2019

A Chicago federal judge has stripped a former Broadview mayor from a suit by a group, which wants to open an adults-only club in the west suburban village, saying the group failed to prove the then-mayor did not enjoy the immunity of a public official in denouncing the proposed establishment.

Man sent to 'debtors' prison' for not paying wife's legal bills in divorce case asks appeals court to step in

By Dan Churney | Feb 19, 2019

A Chicago real estate developer has asked a state appeals court to step in after a Cook County judge sent him to veritable debtors’ prison for not establishing a fund to pay legal fees for him and his wife in their divorce case.

Calif. federal judge OKs Cook County request to return suit vs Facebook over Trump election to Cook courts

By Dan Churney | Feb 4, 2019

A California federal judge has ruled a lawsuit by Cook County against Facebook, which alleges the social media giant let user data be mined to aid President Donald Trump’s election campaign, should be returned from federal jurisdiction to Cook County Circuit Court, saying the suit was filed on behalf of Illinois and belongs in state court.

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