Dan Churney News
IL Sup. Ct. scolds appeals panel requesting clarification on human rights law; Dissent: Don't limit appeal rights
A divided Illinois Supreme Court has overturned a split appellate decision, with the majority saying the appellate panel had no business referring a question about the Illinois Human Rights Act to the state high court, and dissenting justices said the ruling has the potential to limit appeal rights.
Appeals court says union benefits plans can't sue Abbott Labs for overreaching promotion of Depakote
A federal appeals panel has upheld the dismissal of a suit, which alleged a Chicago-area drug maker cost union benefit plans money by pushing doctors to prescribe Depakote to union members for non-FDA approved uses. The judges ruled the union plans are too far removed from the drug maker's actions to stake a claim.
Judge refuses to let state sidestep lawsuit by fair housing group over discrimination vs mentally ill
A Chicago federal judge has refused to dismiss suits by a fair housing group, alleging state officials discriminate against the mentally ill by barring them from a Medicaid-backed housing program.
Lawyer: Forensic accountant mixed up in contentious divorce involving wire tap charges still owes big fees
The Chicago lawyer who handled a Windy City accountant’s contentious divorce case that involved accusations of adultery and illegal eavesdropping, has filed suit against his former client, alleging the accountant hasn’t paid more than half-a-million dollars in attorney fees.
Daniels Sharpsmart again jabs competitor Becton Dickinson with suit over 'debunked' infection study
A medical waste disposal container company is taking a second shot at asking 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.
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Appeals court strips class action status from wage suit vs Caterpillar labor supplier; claims too diverse
A downstate appellate court has stripped class-action status from a suit against a Caterpillar contractor, which claimed the labor supplier chiseled workers out of overtime pay, saying the 100 claims in the case are too differentiated to pursue as a class.
Male student OK'd to continue discrimination lawsuit vs U of Chicago over sex assault accusations
For now, a Chicago federal judge has permitted a onetime student's suit to proceed against the University of Chicago, saying, while the student must furnish a more full explanation, he has squeaked out a plausible case a school official encouraged retaliation against him for complaining about sexual assault allegations.
After winning settlement, lawyers fight over their shares of the spoils in NCAA concussion class action
Lawyers are scrimmaging in Chicago federal court over $21 million in fees for handling the nationwide concussion lawsuit against the National Collegiate Athletics Association, which resulted in a $70 million settlement to improve “medical monitoring” of college athletes at risk of brain injuries.
Lawsuits vs Ace Hardware, Empire Today, Kmart, add to litigation over website accessibility for the blind
A blind woman is alleging in Chicago federal court that three major Chicago-area-based retailers - Ace Hardware, Empire Today and Kmart - are denying her, and similarly vision-impaired people, access to their websites in violation of federal law.
Federal appeals panel: Judge's OK of class action vs Blue Cross amounted to unexplained 'judicial fiat'
A Chicago federal appellate court has stripped class-action status from a suit, which alleges Blue Cross Blue Shield affiliates overcharged beneficiaries, then passed the profits back to Blue Cross, saying a Springfield federal judge overlooked “glaring problems” when allowing the suit to proceed as a class action.
Judge sinks footlong sub sandwich suit, calls dismissed action ‘worthless’ and a ‘racket’
A Chicago federal appeals panel suffered heartburn from a class-action suit, which claimed Subway Footlong sandwiches cheat customers by occasionally measuring just under a foot, likening the litigation to a “racket” that lines the pockets of plaintiffs’ lawyers, but does little else
Judge: Not enough proof tying suburban Palestinian groups to Hamas to enforce $156M judgment
A Chicago federal judge has tossed a lawsuit against suburban Palestinian aid groups, which alleged the groups were disguised versions of defunct Hamas support organizations that owed a $156 million judgment to a couple whose son was killed by Hamas in a terrorist attack in Israel, saying there was not enough evidence to show the new groups were alter egos of the old ones.
Appeals court shears class action vs Regency beauty school, says students not employees under FLSA
A Chicago federal appellate court has scalped a class-action lawsuit filed by a onetime student of a nationwide beauty school, which alleged student cosmetologists should be paid for on-the-job training, as the hands-on work experience serves as compensation and is required for licensing.
Judge won't budge on $283M penalty assessed vs Dish Network over 3rd-party telemarketer misdeeds
A downstate federal judge has agreed to slightly modify an injunction against Dish Network, but refused to yield on her order the company pay $283 million in penalties for not keeping a better eye on its telemarketers, who allegedly violated consumer protection laws by making millions of unsolicited calls for Dish.
Judge breaks down cardboard antitrust action, says prices were raised, but no evidence of scheme
A Chicago federal judge has boxed up a class action antitrust suit against two containerboard companies, which alleged the companies conspired to fix prices, saying plaintiffs may have raised prices and cut production, but defendants failed to show the acts were part of a scheme and not simply reactions to the market.
Confidential deal between suburban hotel partners is void, because it sought to conceal alleged bank fraud
Confidential deal between suburban hotel partners is void, because it sought to conceal alleged bank fraud
Judge: IL law compels employers to give day off each week, but workers who want OT mustn't take it
A Chicago federal judge has crumbled a suit by a Chicago cookie company, which wanted to force its employees to take 24 hours off every seven days in lieu of working voluntary overtime, saying state law requires companies give their workers the option to take one day off each week, but does not force workers to take a day off, if their contract otherwise allows them to work seven consecutive days or more, and they want the overtime.
Judge throws brake on investor class action vs operators of failed electric car maker Fisker Auto
A Chicago federal judge has put the brakes on a class action suit filed by investors, who alleged they were ripped off for hundreds of millions of dollars in a failed electric car venture, saying the investors were asleep at the switch because they launched their suit after the statute of limitations expired.
Judge dismisses disabled runner's suit against IHSA, says only right to compete guaranteed, not to win
A Chicago federal judge has benched litigation brought by a disabled suburban student athlete against the Illinois High School Association, who wanted lower qualifying standards, saying the IHSA has to guarantee the athlete's opportunity to compete, but not to give him an unfair edge over the non-disabled.
Chicago judge calls electronic firm's suit against ex-attorneys 'bizarre,' dismissal motion pending
A Chicago federal judge has voiced reservations about a suburban electronic company's court action, which alleges its former attorneys short-circuited its defense against a $9 million trademark infringement suit, saying the company and its counsel have a "good deal of explaining to do to support the maintenance of this action."