Dan Churney News
Plug pulled on data breach class action vs Vtech; plaintiffs never showed how harmed, judge says
A Chicago federal judge has pulled the plug on a class action suit against electronic toymaker VTech, which alleged VTech did not protect parents' and childrens' personal data from a hacker, saying plaintiffs failed to show how the security breach harmed them.
NorthShore asks court to slice class action demanding IL hospitals repay for improper tax exemptions
Saying the basis for the suit has been amputated by Illinois’ highest court, NorthShore University Health System is asking a Cook County judge to dismiss a class-action suit, which demanded hospitals be made to pay back Illinois property taxpayers who have allegedly overpaid because, the plaintiffs allege, the state’s hospitals have wrongly enjoyed tax-exempt status.
Judge corks Indiana wine seller's lawsuit vs Illinois over law banning shipping to IL customers
A Chicago federal judge has stomped on an Indiana wine retailer's suit, which claimed Illinois liquor law unconstitutionally bars him from shipping his products into Illinois, saying the suit fails at the "most basic level." But the seller is asking to reopen the case.
Couple suing over effects of Levaquin must show how drugmaker lied, judge says
A Chicago federal judge has ruled a suburban woman must describe, in her lawsuit against global drug maker Johnson & Johnson, how the company allegedly lied about possible effects of its antibiotic Levaquin, which the woman said caused her to develop a number of ailments.
GSK asks for new trial over claims its anti-depressant labeling contributed to lawyer's suicide
Drug manufacturer GlaxoSmithKline is trying to get out from under a $3 million jury judgment, which blamed it for a Chicago lawyer’s suicide, saying a federal judge made multiple mistakes that hamstrung the manufacturer’s defense against the claim its labels failed to warn its anti-depressant drug Paxil and its generic equivalent can lead to suicide.
Judge OKs $5.2M settlement for banks vs Kmart over data breach; $1.7M to lawyers
A Chicago federal judge has signed off on a $5.2 million settlement in a class action lawsuit by financial companies against Kmart over a data breach, including $1.7 million for the plaintiffs’ attorneys.
Federal judge scrambles Koch Foods’ dismissal motion in suit claiming chicken catchers not properly paid
Suburban-based poultry wholesaler Koch Foods has laid an egg in Chicago federal court, with its failed motion to dismiss a suit brought against it by former chicken handlers, who claim the company failed to pay them minimum wage and overtime.
Federal judge tosses some accusations vs testosterone drug makers on eve of Androgel bellwether trials
A Chicago federal judge has dismissed several. but not all of the claims against the maker of a testosterone boosting drug, advanced by several plaintiffs chosen as bellwethers in a class-action lawsuit brought by more than 2,000 plaintiffs from around the U.S. against multiple drug manufacturers, including Besins, AbbVie, Eli Lilly and GlaxoSmithKline.
Ex-St. Charles school staffer says district, schools took her copyrighted computer program, then fired her
A former school district computer lab staffer is alleging the suburban St. Charles school district for which she worked infringed her copyright for a spreadsheet software program, then bullied her into quitting her job after she disputed the alleged infringement.
Ex-state parole board boss blames Chicago lawyer for botching his bankruptcy, costing him state post
A former chairman of the Illinois Prisoner Review Board is suing his onetime bankruptcy attorney for allegedly under-reporting his state salary and forging his signature on bankruptcy documents, which he said cost him his job with the board.
Trucker pay suit parked vs Atlas Van Lines; Contract clear, even if drivers don't understand: Judge
A Chicago federal judge has applied the brakes to a trucker’s lawsuit against two global moving van companies, which alleged the companies used “vague” contract language to short him of pay, saying the trucker should have sought clarification before signing the contract.
Junk fax lawsuit results in $3.3M settlement deal; $1.1M to plaintiffs' lawyers
A settlement in a junk fax class action lawsuit, which is pending in Chicago federal court, would give about $330 to each fax recipient and more than $1 million to three lawyers who represented the plaintiff.
IL appeals panel: Man can challenge constitutionality of state's retroactive estate tax bill
A state appeals panel has overturned a DuPage County circuit judge’s dismissal of a challenge to Illinois’ retroactive estate tax, saying an executor is entitled to pursue his case against the tax in circuit court, not the Illinois Court of Claims as the state asserted.
Businessman's accusations vs ex-Speaker Hastert over use of funds 'strain credulity,' judge says
A Chicago federal judge has dismissed a court action by a suburban businessman, who alleged former U.S. Speaker of the House Dennis Hastert misused public money for his private business interests, saying the businessman’s story could not be believed.
IL appeals panel: Chicago can release documents obtained by subpoena from drugmaker Janssen
A Chicago appeals panel has affirmed a Cook County judge’s decision, allowing the city of Chicago to release subpoenaed records from a drug maker in accordance with any Freedom of Information Act requests, saying public disclosure of the material will not violate state laws protecting trade secrets.
Jury to decide if Home Depot, flower seller should pay for woman's murder by supervisor: Appeals panel
A U.S. appeals panel in Chicago has reversed a federal district judge’s dismissal of a wrongful death lawsuit against Home Depot and a flower wholesaler, saying the companies could be blamed for failing to deter a supervisor from tormenting and eventually murdering a young woman with whom he worked.
IL Supreme Court: Conant High School can't be sued for student's gym class floor hockey eye injury
The Illinois Supreme Court has reversed an appellate ruling, saying a Cook County judge was right to toss a suburban high school student’s suit, because the suit did not show a gym teacher was at fault for failing to make students wear goggles during a floor hockey game, which left the student with an injured eye.
Appeals panel: Cook County can go back three years to grab taxes for improper homestead exemptions
A state appellate panel has upheld a lower court ruling that the Illinois Property Tax Code allows the Cook County Assessor’s Office to reach back three years, to claim unpaid taxes on a south suburban house that had an invalid homestead exemption.
Consumers too far down distribution chain to press price fixing class action vs steelmakers, says judge
A group of steel makers, led by Chicago-based ArcelorMittal USA, have beaten down a class-action antitrust lawsuit filed by more than a dozen consumers, who alleged the companies schemed to raise prices for goods made with steel, by pointing out the consumers were too far down the distribution line from the steel manufacturers to claim losses.
Defendants say attorney fees are ‘excessive’ in potential $76M deal in cruise line robocall class action
A Chicago federal judge has green-lighted a potential $76 million settlement in a million-member class action suit, which alleged a cruise line and other companies masked telemarketing calls as nonprofit surveys. The judge, however, held off for now approving what could be as much as $24.5 million in fees for plaintiffs’ attorneys – fees defendants are alleging are “excessive” and “unreasonable.”