Dan Churney News
Malpractice action dismissed vs Dickinson Wright over alleged bad advice on proposed Oklahoma Indian casino
A Chicago federal judge has said no dice to a legal malpractice action brought against Michigan-based Dickinson Wright by the Illinois developers of an Oklahoma casino, dismissing the lawsuit because the developers ultimately beat an attorney general’s complaint the developers alleged was brought because of bad legal advice. The malpractice suit was filed in 2013 by MCZ Development and Sheffield Development Partners, and Golden Canyon Partners.
Appeals court upholds dismissal of asbestos-related legal malpractice lawsuit
A state appeals panel kept the door shut on a legal malpractice action brought against the firm of Cascino Vaughan by a family whose legal action over asbestos exposure was tossed, saying a circuit court was correct in finding that, no matter how plaintiffs juggled the calendar, they still brought their lawsuit too late. .
Divided state Supreme Court says condo owners can sue developers over leaky buildings 15 years after moving in
A group of Chicago condominium owners has been cleared to continue their lawsuit against a group of builders 15 years after the developers allegedly sold them a shoddy building under false pretenses, after the Illinois Supreme Court ruled 4-3 on Nov. 4 to revive their case and send it back to circuit court for more proceedings.
Debevic's business partners say they've been denied their cut, sue partners over restaurant's closing
A food fight has broken out in Cook County Circuit Court between partners involved in Chicago’s famed Ed Debevic’s restaurant, with two investors alleging some of their partners used fraud to siphon away their slice of the corporate funds.
Judge pulls plug on doctor's suit vs Stroger Hospital over retaliation for reporting alleged misuse of federal grant money, discrimination
A Chicago federal judge has pulled the plug on a Cook County doctor's lawsuit, ruling the statute of limitations expired before he brought his action against John J. Stroger Hospital and county medical officials for allegedly firing and discriminating against him, because he is an Arab Muslim and blew the whistle on alleged fraud at the hospital.
Daniels Sharpsmart sticks competitor Becton Dickinson with lawsuit over allegedly specious C.diff infection study
Medical waste disposal container company Daniels Sharpsmart has asked a Chicago federal judge to stem the spread of a medical study on hospital bacterial infection rates, which the company has alleged is specious, yet is being used by a competitor to infect the reputation of the company’s products.
Wood Dale residents say Seterus, Fannie Mae cheated them into foreclosure, wrongly took their home
Two Wood Dale residents have sued Fannie Mae, alleging the federal mortgage agency was in cahoots with a private home loan servicing company to hoodwink them into surrendering their house to foreclosure, under the guise they were late on loan payments.
Part-time clerk or not, man must face arbitration over accusations he stole data before leaving UBS for competitor, judge says
A Chicago federal judge has refused to halt arbitration proceedings brought by investment firm UBS Financial Services against a former clerk, whom UBS has alleged helped steal company information with which to lure away customers. Alexander Freund worked as a part-time clerk for UBS in Chicago from Nov. 7, 2011, to Feb. 15, 2012, when he left to work for Wells Fargo.
Class action alleges home loan servicer Seterus refused to terminate PMI on modified loans, violating laws, loan terms
A Romeoville man is in U.S. District Court for Northern Illinois, alleging a home loan servicing company is sticking him and other troubled borrowers with unneeded mortgage insurance because the company gets a cut of the premiums.
IL Supreme Court: Law caps liability for rental car companies, no matter if self-insured
Predicting a double standard would result if it allowed an appeals court’s decision to stand, the Illinois Supreme Court said a lower court erred in ordering a self-insured Chicago-area car rental business to pay the victim of a car crash $600,000 – far more than what would have been required under the law if the company had purchased an outside insurance policy.
St. Charles company alleges ex-employee committed corporate espionage to form rival corporation, steal customers
A suburban company, which works with insurance carriers to arrange housing for catastrophe victims, is claiming in Chicago federal court a former employee committed corporate espionage by swiping a secret list of adjustors, setting up a competing company and poaching customers. St. Charles-based ALE Solutions filed a 10-count, 47-page lawsuit Oct. 14 against Starpoint Digital, Inc., and two former ALE employees.
City Colleges hit with class action lawsuit over student recruitment texts, phone calls
A Cook County man has filed a class action lawsuit in Chicago federal district court against Chicago’s City Colleges and an education marketing company, handing them a failing grade for allegedly violating federal law by making unsolicited, automated telephone calls and texts to recruit students. On Oct. 8, Ismael Salam lodged the suit against Community College District 508, also known as the City Colleges, as well as against Cook County, the state of Illinois and Blackboard, Inc.
Judge declines to drop Androgel maker Besins from huge lawsuit over testosterone treatment side effects
A federal judge has declined to drop the Belgian company which makes Androgel and its American licensee from a multi-state class action lawsuit, which alleges the companies’ testosterone restorative drug is not only useless, but harmful. However, the judge did leave the door open that jurisdiction over the case could lay elsewhere.
Federal judge toasts suburban restaurant owner's lawsuit claiming vodka manufacturer falsely marketed product as handmade
A suburban restaurant owner's class-action suit against a Texas distillery has dried up, after a Chicago federal judge found there were no grounds to allege the distillery falsely advertised its vodka as handcrafted. Mario Aliano, owner of Batavia-based restaurant business, Due Fratelli Inc., had filed a class action suit in October 2014 in Cook County Circuit Court against Fifth Generation Inc., which makes Tito’s Handmade Vodka.
IL Supreme Court: Former shareholders have no standing to sue lawyers for malpractice without backing by the corporation
Former shareholders who owned minority positions in a commodity trading firm have no malpractice case against their onetime attorneys, because the case is based on the incongruity of pursuing individual claims on behalf of a corporation, the state’s high court has ruled. On Sept. 24, the Illinois State Supreme Court ended the latest round in a legal battle that dates back to 2005, when several minority shareholders in Beeland Management LLC hired the law firm of McGuireWoods to sue Beeland.
Lifetime Fitness could owe ex-trainers back wages, but not vacation pay in whistleblower suit
A federal suit against the Lifetime Fitness chain of health clubs recently lost some muscle, when a judge ruled the company may owe fired personal trainers back wages for regular and overtime hours, but it does not owe them pay for unused vacation time. The case began July 7, 2014, when Jared Steger and David Ramsey filed a class-action suit in Cook County Circuit Court against LTF Club Operations Co.
Former part-time clerk asks judge to rein in UBS' efforts to lasso him in FINRA arbitration worth millions
A former clerk with UBS Financial Services in Chicago went to Chicago federal court last week, arguing the Financial Industry Regulatory Authority has no jurisdiction over him in a multi-million dollar arbitration action, brought against him by UBS for allegedly breaching his employment contract. On Sept. 10, Alexander Freund lodged a two-count complaint against New Jersey-headquartered UBS Financial Services, seeking declaratory judgment and an injunction.
Romeoville church contends village zoning regulations box out small churches, break federal, state law
A church has asked a federal judge to determine whether Caesar has asked it to render too much, as the religious group has alleged zoning regulations in the village of Romeoville are discriminatory, making it almost impossible for small churches to locate in the village. On Sept. 4, Truth Foundation Ministries (TFM) filed a three-count complaint in the U.S.
Appeals panel: City did not overreact in labeling bullmastiff 'dangerous' after attack on smaller dog
A dog owner has claimed the Chicago Animal Care and Control Commission overreacted when it classified her pet a dangerous creature for mauling a smaller dog, but a state appellate panel has sided with the city commission.
IL state officials tossed from discrimination lawsuit vs Eden Supportive Living over mental health policies
A Chicago federal judge has tossed several state officials, including former Gov. Patrick Quinn, from a suit brought by two women and a fair housing group, which alleged officials wrongly barred the mentally ill from a Medicaid-supported housing program.