Dan Churney News
California federal judge: Facebook can face privacy class actions under Illinois biometrics law
A federal judge has ruled that even though a putative class-action suit against Facebook – which alleges the company lifted users’ biometric information without permission – was moved from Illinois federal court to California federal jurisdiction, Illinois law regarding privacy will apply in the case.
Disability harassment no different than other forms of harassment, appeals panel says
Story CopyIllinois’ second largest city could face an action brought by a fired worker under the Illinois Human Rights Act, after an at-times divided appellate panel ruled the law’s prohibition on workplace harassment also specifically extends to protect those with disabilities.
Federal appeals court: PF Chang's can be sued over potential ID theft from data breach
A Chicago federal appeals panel has given the P.F. Chang’s restaurant chain a case of legal indigestion, by reversing a district court’s dismissal of a class action suit brought by two diners, who claimed they were vulnerable to identity theft, because the chain’s allegedly poor data security allowed hackers to obtain diners’ debit and credit card information.
Judge wants two lawyers booted from federal court for one year for alleged chicanery
A judge wants two lawyers – one of whose actions he termed “disturbing” – suspended from practicing in Chicago federal district court, because they allegedly made false statements in connection a whistle blower case brought against Tinley Park-based ambulance services alleged to have submitted false claims for reimbursement to government payers.
Lawyer sues Barrington father-and-son legal duo, claiming they trespassed his office, defamed him; case settled
A Schaumburg lawyer is suing a Barrington father-and-son law firm for defamation, claiming they engaged in “despicable” and “disturbing criminal sociopathic behavior,” allegedly including entering his office without permission to peek at confidential files and telling others he was “bi-polar.”
Judge orders Ditto Trade to pay fired whistleblowing ex-CEO $2.7 million
A Chicago federal judge has ordered Chicago online brokerage firm Ditto Trade to pay $2.7 million to its former chief executive officer, for allegedly firing him because he informed federal securities regulators of possible misconduct by a high official with the firm.
Judge orders SharkNinja to clean up its act in trying to blow away rival Dyson's false advertising suit
A fed up federal judge has yanked the plug on a New England vacuum cleaner company’s effort to force test results from a rival Chicago vacuum maker, warning the company it is flirting with sanctions if it keeps trying to inflate an alleged false advertising case beyond its parameters.
Appeals panel: Lawyers who say they modify mortgages can be subject to redlining discrimination actions
An appeals panel has clarified that those in the business of targeting underwater homeowners, and particularly racial minorities, with false promises to pull them to the surface for a fee, can be considered mortgage lenders under the law and subject to action by the Illinois attorney general for discriminatory lending activity.
McCormick Foundation OK to sue over insurance advice blamed for hefty legal bills after Tribune bankruptcy
A state appeals panel has ruled two former major shareholders in the Tribune Company, who are in litigation with creditors, can continue to press their malpractice suit against a prominent Chicago insurance broker for allegedly giving bum advice to change insurance companies, which put the ex-shareholders on the hook for legal costs instead of their insurer.
Appeals panel: Families of medical malpractice plaintiffs who die while case pending can add wrongful death claims to lawsuit
Unraveling what it called a “classic clash of apparently conflicting statutes,” an Illinois appeals panel has ruled the family of a woman who died while her medical negligence lawsuit was pending against a doctor, the University of Chicago Medical Center and affiliates is not blocked by a statute of repose from adding wrongful death claims to the preexisting lawsuit.
WTTW wins copyright suit vs FilmOn; judge says online TV retransmitter can't be considered cable TV system
A judge has switched off a court challenge by an Internet company that wants to retransmit the programming of WTTW – Chicago's PBS station – to online users, saying the company isn’t authorized to do so, because it doesn’t meet the required federal definition of a "cable system" and thus is infringing on WTTW's copyright.
Doctor waited too long to sue IL, Cook County officials he said wrongly yanked his license over patient death, judge says
A doctor’s federal lawsuit against Cook County and state medical authorities, which contends they conspired to wrongly yank his medical license almost 20 years ago for allegedly killing a terminally ill patient, has been dismissed, because it was filed years too late and some of its claims belong in state court.
Appeals panel: Ex-assistant state's attorney's lies mean DeKalb County on hook for stiffed supplier's legal bills
A state appeals panel has ruled a north central Illinois county is on the hook for legal costs incurred by a construction component company, because an assistant state’s attorney for the county – who has since been suspended from practice – told the court the county had secured a bond in connection with a building project, when it had not.
Appeals court punishes lawyer again in continuing saga over 'frivolous' litigation vs Kindercare
A state appeals panel has ordered a lawyer to fork over another $22,864 in sanctions – bringing his total to more than $166,000 – for filing “frivolous” motions and appeals meant to harass a company that runs a chain of child care centers, in connection with a suit the lawyer pursued on behalf of a former employee fired by the company.
Appeals panel puts debt collector back on hook for class action over potentially illegal lawsuits
A man who claimed someone had fraudulently run up more than $2,500 in debt on a credit card opened in his name without his knowledge has secured another chance to press a lawsuit against a suburban debt collection agency, after a state appeals panel found the agency may have broken federal debt collection laws by suing the man over the contested debt after the statute of limitations had expired.
Judge says Walgreen, Rite Aid must show numbers to push allegations Opana drugmakers cheated them
A Chicago federal judge has kicked drug retailers Walgreen and Rite Aid from an antitrust lawsuit against the maker of prescription pain killer Opana, saying the retailers must provide hard dollar figures to back up their allegations that the drugmaker improperly paid off another pharmaceutical company to delay the release of the generic version of its pain killer, and keep the price of its name brand drug high.
IL ballot access rule requiring new parties to field full slate of candidates struck down as unconstitutional
A Chicago federal judge has sided with a suit brought by the Illinois Libertarian Party against the Illinois State Board of Elections, ruling state election law offends the U.S. Constitution by requiring a new party to list a full slate of candidates on nominating petitions in order to get on the ballot the first time.
SEIU Local 73 hit with defamation suit from union reps for SEIU employees
Members of Chicago-based Service Employee International Union Local 73 are suing the union and one of its officers for defamation, alleging the officer sent emails maligning them after he was booted from office, with other Local 73 officials not only failing to take proper steps in response, but worsening the situation.
Foreclosed land investors exploit technicality to demand $3.5 million 'procedural windfall' from bank
Trying to take advantage of a “procedural windfall,” a Chicago-area investment firm is alleging West Suburban Bank owes it almost $3.5 million from the sales of foreclosed properties held as collateral for a $10 million loan the firm defaulted on, because the firm was not legally served with notice of the foreclosures, as the process servers did not work for a state-licensed private detective agency as required by law.
Lawsuit: Kane County police using 'investigative holds,' asset forfeiture to run racketeering enterprise
Three people have taken action in Chicago federal court to allege the Kane County Sheriff’s Office is running a racketeering enterprise – and running roughshod over the U.S. Constitution in the process – by pulling over drivers, falsely arresting and searching them, and confiscating their cash and cars for the benefit of Kane County.