Dan Churney News
Appeals panel: Retired CTA bus driver can continue lawsuit over retirement health care deductions
An Illinois appeals court has refueled a retired Chicago bus driver’s suit against the Chicago Transit Authority’s retirement and health care plans, saying a Cook County judge was wrong to rule the retiree’s benefits were determined by a union contract that took effect the day after the man retired.
Appeals panel: Couple hit by car can sue Uber, driver for dropping them off at busy intersection at 2 a.m.
An Illinois appeals panel has reversed a Cook County judge’s ruling that a Uber driver could not have foreseen a Chicago couple, whom he kicked out of his vehicle in the middle of the night, would then be hit by a car, finding the Uber driver should have known such an eventuality was possible.
Ex-U of Chicago student lawsuit: School discriminated, denied him chance to defend vs 'false' rape claims
A male former University of Chicago student is suing the school and a female student, saying his life was “shattered” a few days before he was to graduate last June, when the school, in an alleged act of gender discrimination, expelled him, over a rape accusation he says is false.
Appeals panel: Federal judge wrong to deny Boeing military contractor defense in asbestos suit
A Chicago federal appeals court has overridden a downstate federal judge, who sent an ex-Boeing worker’s asbestos suit against the company back to state court, saying the case belongs under federal jurisdiction because Boeing claims the federal government was in control of its bomber production and knew the danger of asbestos was involved.
Appeals court junks $10.7 million verdict in water heater-scalding suit
An Illinois appeals panel has overturned a Cook County jury’s $10.7 million verdict against a water heater manufacturer, which found the company was liable for a baby’s scalding death, saying the trial judge improperly excluded evidence that would have aided the manufacturer’s defense.
Appellate panel: Bank can pursue malpractice case vs lawyers who 'lulled' into letting time limits expire
A Chicago appeals panel has upended a Cook County judge’s ruling in a legal malpractice suit, saying it was not too late for a bank to sue its attorneys for allegedly bungling foreclosures, because the attorneys “lulled” the bank into appealing the foreclosures, during which the statute of limitations for malpractice actions expired.
Judge: Glenview lawyer can press suit accusing ex-husband, cop of false arrest, alleged plot to take kids
A Chicago federal judge has cut suburban Glenview from a civil rights lawsuit, but has refused to do the same for a Glenview detective and a surgeon, who are alleged to have framed the surgeon’s ex-wife on a false charge, to wrest from her custody of their children.
Appeals court: Containerboard buyers didn’t prove makers Georgia Pacific, Westrock fixed prices
A Chicago federal appeals panel has upheld a lower court ruling that boarded up a class action antitrust suit against Georgia Pacific and Westrock, which alleged they conspired to fix prices for containerboard. Judges again found the companies were not colluding, but rather making parallel moves in reaction to the market.
Judge tosses suit that alleged Chicago schools, bus companies bilked Medicaid for millions
A Chicago federal judge has kicked to the curb a suit by a former busing contracts manager for Chicago Public Schools, who alleged bus companies and school officials defrauded Medicaid in connection with transportation of special needs students.
State high court says governor can fire Prisoner Review Board members without judicial scrutiny
The Illinois Supreme Court has upheld an appellate court’s ruling that Gov. Bruce Rauner’s decision to fire an Illinois Prisoner Review Board member, for alleged discrepancies in financial documents, can’t be undone by the courts.
City fights back vs effort to block Obama Center, says plan legally sound, will benefit Jackson Park
The city of Chicago is defending its plan to build the Obama Presidential Center in Jackson Park, against a court challenge, saying the group behind the challenge is on soggy legal ground in seeking an injunction by contending the park was once under Lake Michigan and so is protected from development.
Chicago property manger JLL: Ex-tenants can't sue for forcing them to use union labor; allowed under NLRA
The management company that oversees a number of Loop office buildings is saying a suit by an ex-tenant, which alleged the company made them use union rather than cheaper non-union labor for renovations and other work, is groundless, because federal labor laws allow for such union-only conditions.
Judge sacks suit claiming McDonald’s late night drive-thru-only policy discriminates against visually impaired
A Chicago federal judge has fried a disability discrimination suit by a North Carolina man with visual impairments, saying the man’s lawsuit didn’t offer enough specifics to establish McDonald’s policy of only serving late night customers from its drive-up windows actually discriminated against him or others with visual impairments who cannot drive at night.
Appeals panel: Lawyer's lawsuit vs condo board over parking space groundless, but not a SLAPP
An Illinois appeals panel says a Loop condo owner’s lawsuit against his association board over a parking space was groundless, but the man shouldn’t be forced to pay the board’s legal defense costs, because the lawsuit didn’t come in retaliation for the board’s prior legal action against him.
Judge slices Parmesan cheese lawsuits, says labels pumped purity, but also listed additives
A Chicago federal judge has partially melted a group of class actions against Kraft, Walmart, Jewel Food, Target and others, which alleged the companies misled consumers as to the purity of grated Parmesan cheese by including hidden cellulose filler, finding labels may have promised unadulterated product, but cellulose was nonetheless listed as an ingredient on those labels.
Judicial board says DuPage judge lied to cops about bullet, retaliated vs. women for harassment complaints
The Illinois Judicial Inquiry Board is alleging a DuPage County judge retaliated against two courthouse employees for accusing him of sexual harassment and repeatedly lied to police and the board, in a separate matter, about firing a bullet through his apartment wall into an adjacent unit.
Appeals panel: $10M arbitrator’s class award invalid; Arbitration should have involved 1, not 175 employees
A Chicago federal appellate court has struck down a $10 million arbitration award to loan officers in a class action against Waterstone Mortgage, which alleged the company shorted officers on overtime pay, saying arbitration should only have involved the plaintiff, not another 174 employees who joined the action.
Springfield judge overstepped in OKing landowners' challenge to Ameren power line eminent domain cases: IL Sup Ct
The Supreme Court of Illinois has unanimously yanked the plug on a downstate court’s ruling that found the Illinois Commerce Commission breached due process by not notifying landowners their properties were in the path of proposed power lines, saying the lower court overstepped its authority, although two justices disagreed with the majority’s reasoning, calling it a “threat to individual rights.”
Chicago didn't violate woman's rights by waiting 6 months to fine for high weeds, appeals panel says
A federal appeals panel has upheld a lower court’s ruling Chicago ordinance inspectors did not violate a woman’s right to due process by waiting six months after an inspection to cite her for allegedly having overgrown weeds, saying that period was not excessive and she got her due process at her administrative hearing.
NorthShore says antitrust class action, accusing of overcharges, has no qualified representative
NorthShore University Health System wants a judge to strip the class-action status from an antitrust lawsuit against the hospital chain, which alleges NorthShore’s acquisition of a suburban hospital rubbed out competition and jacked up prices for patients, saying the sole remaining class representative has no standing to push the suit, because he suffered no injury.