Dan Churney News
Appeals court: Sellers can't enforce covenant restrictions on land after selling to forest preserve district
An appeals panel has affirmed a lower court’s decision the sellers of land to a west suburban forest preserve district gave up their rights to enforce a covenant to block ComEd from stringing power lines across that land, when they granted the Illinois Department of Natural Resources power to override covenant restrictions.
Judge trips legal secretary’s discrimination suit v. Winston Strawn, says case doesn’t have ‘leg to stand on’
A Chicago federal judge has tossed a lawsuit by a legal secretary at the Chicago firm of Winston & Strawn, who alleged harassment by fellow employees aggravated her epilepsy, finding part of the suit was barred by statute of limitations and the rest by a faulty “chain of logic.”
Advocate Christ Medical Center dropped from suit alleging false Medicare claims
A Chicago federal judge has agreed to drop a suburban hospital from a lawsuit brought by a doctor who claimed the hospital had submitted phony claims to Medicare, reversing his prior ruling, and saying he now sees the hospital’s alleged involvement in the alleged scheme was minimal at best and Advocate should have been dropped from the case.
Appeals court douses Oak Lawn’s attempt to require its firefighters live in Illinois
A Chicago appeals panel has affirmed a Cook County judge’s ruling that southwest suburban Oak Lawn cannot require village firefighters to live in Illinois, because the village doesn’t require fire department applicants to live in any geographic area to be hired in the first place.
Jam Productions alleges theatrical union bought votes to unionize workers
A Chicago federal appeals panel has ordered the National Labor Relations Board to hold a hearing into allegations by Jam Productions that Theatrical Stage Employees Union Local 2 gave lucrative jobs to non-unionized Jam workers so they would vote to install the union local at Jam Productions venues.
Plaintiffs' lawyer Edelson: Defense firm Johnson & Bell's defamation action an improper SLAPP suit
Chicago lawyer Jay Edelson, known for pursuing digital privacy and technology class actions, is alleging the Johnson & Bell law firm is trying to throttle his right to speak publicly about a case involving both parties as adversaries, with a groundless SLAPP defamation lawsuit against his firm in Cook County court.
U.S. appeals panel lets lawsuit reform advocate Ted Frank explore possible class action 'objector blackmail'
A Chicago federal appeals court is giving a lawsuit watchdog group a chance to show whether attorneys for three objectors to a $9 million class action settlement allegedly tried to squeeze extra money for themselves from the settlement by lodging objections on behalf of their clients.
Cicero's Dominick fights subpoena in Madigan 'sham candidates' suit, says subpoena result of 'grudge'
Cicero Town President Larry Dominick is alleging the attorney for a failed primary challenger to Illinois House Speaker Michael Madigan, who is claiming in federal court Madigan pulled strings to undercut his candidacy, is playing to the media and engaging in other dirty tricks to force Dominick to answer questions in a deposition about Madigan’s power.
Visa, Aldi squabble over demand for documents showing Aldi's decision to take credit cards didn't hurt
Mired in a long-running anti-trust class action brought by millions of merchants who seek billions of dollars in connection with credit card processing fees, Visa wants the Aldi food store chain, which several months ago adopted a policy accepting cards from customers, to turn over documents that will presumably show Aldi freely chose to honor Visa cards, despite allegations Visa tried to throttle competition.
EEOC doesn't owe CVS' legal bills for failed suit; Not frivolous, even though agency didn't follow rules
A Chicago federal appeals court ruled that although the federal Equal Employment Opportunity Commission should not have filed a labor law suit against the CVS Pharmacy chain without first trying conciliation, the EEOC should not have to pay the company’s legal costs, because the suit was not frivolous.
Chicago federal appeals panel slaps down man’s try for more cash from hip replacement settlement
A Chicago federal appeals panel made quick work of a “dubious” suit by an Arkansas man, who attempted to extract more money from a class action lawsuit over allegedly defective artificial hip devices, by claiming the “settlement agreement” he signed with the hip device maker was not an agreement, but actually a nonbinding offer.
Judge reduces attorneys' fees by $1.6M in Akorn shareholder litigation; lawyers still get $6M
A Chicago federal judge has reduced how much of the nut plaintiff lawyers get from a class action settlement they arranged between suburban-based Akorn Pharmaceuticals and disgruntled investors, which alleged Akorn officials hoodwinked investors, ruling the lawyers receive $1.6 million less than they wanted, because they were not as far out on a limb as they claimed.
Nickel & Dime: eBay, online retailers warn SCOTUS could unleash lawsuit torrent vs sellers over taxes
Nickel & Dime: eBay, online retailers warn SCOTUS ruling could unleash torrent of lawsuits accusing sellers over taxes
Judge: 'Harm to minority borrowers direct;' Cook County can continue predatory lending suit vs HSBC
A Chicago federal judge has eliminated several claims from a suit brought by Cook County against banking giant HSBC, for alleged predatory lending, but the judge said the county still made enough plausible allegations, including that HSBC discriminated against minorities, for the suit to survive.
Appeal judges mull 'troubling' questions on potential fallout from $3M verdict vs GSK over lawyer's suicide
With one judge saying he found “troubling” the potential harm to patients from decreased incentives for drug makers to develop new breakthrough medications, a federal appellate panel in Chicago hashed out some of the legal questions surrounding the appeal of jury’s verdict ordering GlaxoSmithKline to pay $3 million to the widow of a Chicago lawyer who committed suicide, and whose family has accused the pharmaceutical company of failing to warn that a generic version of its drug Paxil could raise a patient’s risk of suicide.
IL Supreme Court: Government can't use change in law to deny info requests filed before law changed
The Illinois Supreme Court has overruled lower court judges who had decided an Illinois state agency could wait until after a law is changed to use the change in the law to deny a public information request submitted before the law changed.
Lawyers: Defendants trying to undermine $56M-75M cruise line telemarketing calls settlement
Attorneys who bagged millions of dollars in fees from a $56-$75 million class action settlement in Chicago federal court against a cruise line and others accused of making illegal telemarketing calls, are alleging the defendants are trying now to sabotage the settlement by using bogus grounds to challenge 45,000 of 58,000 claims submitted.
First Mercury Insurance doesn't have to cover private investigator accused of helping frame man for murder
A Chicago appeals panel has ruled an insurance company doesn't have to pay to defend a private investigator associated with Northwestern University’s Innocence Project in a lawsuit brought by Alstory Simon, who claimed the investigator forced him to falsely admit he killed two teenagers in 1982.
Class action suit says drug companies caused opioid crisis, heightened insurance costs
A Chicago class-action lawyer has filed a 97-page lawsuit in Chicago federal court against 13 drug companies and distributors, on behalf of a woman who alleges the companies promoted opioid use, knowing such painkillers were dangerously addictive, jacking up people's health insurance costs.
DeVry University hit with another suit alleging it distorts graduate job placement stats to attract students
A DeVry University graduate has filed a putative class action in Cook County Circuit Court, alleging the nationwide electronics and business school has exaggerated the employment rates of graduates, so as to lure new students. The complaint is similar to a lawsuit from a different plaintiff and legal team now pending in federal court on the same claims.