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COOK COUNTY RECORD

Wednesday, May 8, 2024

Dan Churney News


Judge: U of Chicago Medical Center didn't act as state agent when it reported parents to DCFS for refusing shots for newborns

By Dan Churney |
A judge has removed University of Chicago Medical Center from a civil rights suit filed by parents, who alleged the hospital turned them in to state child neglect investigators for refusing legally required shots for their newborns, finding the hospital did so on its own, without authority.

Appeals panel says states can make lawyers join the bar based on 'undermined' law, but SCOTUS might say 'no'

By Dan Churney |
A Chicago federal appeals court has ruled it is constitutional for Wisconsin to make lawyers belong to the state bar association, despite a lawyer's contention his dues back political causes he does not support

IL Supreme Court rules employers can be liable for accidents, even if their employees aren't negligent

By Dan Churney |
The Illinois Supreme Court has ruled a jury was right to hold a Chicago company directly liable for a traffic collision, because the company told one of its drivers to haul an unsafely loaded truck despite the driver's concerns, finding an employer can be held liable both for the acts of their employees and for their own acts.

Reform watchdog: Fed court can look into state's hiring of unqualified COVID lab techs, contrary to Pritzker's claim

By Dan Churney |
A state hiring watchdog is contending he has not conceded, as "misconstrued" by Illinois Gov. JB Pritzker, that two dozen allegedly unqualified temporary lab techs hired to help with Covid-19 tests, are outside the watchdog's federal mandate because they were hired off the street rather than promoted from within government.

IL High Court tosses Cook Co. verdict because judge failed to swear in jury, says error 'threatens' judicial integrity

By Dan Churney |
The Illinois Supreme Court has ruled that a woman convicted of battering a child in Cook County, gets a new trial because the judge never swore in the jury, despite the fact the woman never objected until the appellate stage, saying the swearing of the jury, is a "defining moment that substantially impacts many crucial facets of the criminal jury trial process."

Appeals court: Ex-River Forest police officer's widow can't get his pension until he would have turned 60

By Dan Churney |
An appellate panel has ruled the widow of a former River Forest cop, who died at 45, cannot collect his pension until what would have been his 60th birthday.

Judge says County Clerk Yarbrough may have considered politics in deciding to cut employee's job

By Dan Churney |
A judge has dismissed one of two plaintiffs from a suit accusing Cook County Clerk Karen Yarbrough of laying off employees because of their political affiliations, saying the dismissed plaintiff didn't put forth enough evidence to "get out of the gate."

IL High Court says county clerks are administrators, not judges, when it comes to checking the legality of proposed referendums

By Dan Churney |
The Illinois Supreme Court has ruled in a McHenry County case that a county clerk has no right to look beyond the face of a proposed referendum question, in deciding whether to put the matter on the ballot, saying such an examination is the job of a judge, not an administrator.

Judge: No IL biometrics class action vs American Airlines over customer 'voiceprints'

By Dan Churney |
A federal judge says customers can't use Illinois' biometrics privacy law to sue American Airlines for creating identifiable "voiceprints" for customers calling its customer service hotline, because a federal law prohibits states from imposing new regulations on airlines

Judge rules Continental Casualty may have told 'half-truth' by saying premiums could only be raised nationwide

By Dan Churney |
A judge has ruled plaintiffs can keep up their lawsuit accusing Chicago-based Continental Casualty of breaching policies by upping premiums state by state rather than across the nation

Judge says Illinois voter registration list is public, state broke law by refusing access to conservative group

By Dan Churney |
A judge has ruled Illinois must turn over the state's list of registered voters to a politically conservative watchdog group, saying the list needs to be public to make sure the electoral process is on the up and up.

Appeals panel: No obligation for insurer to cover Medline vs ethylene oxide lawsuits; emissions began before policy

By Dan Churney |
An appeals court has ruled a Chicago insurer does not have to defend a suburban medical sterilizer company, against a suit claiming plant emissions caused cancer, saying the emissions began before the policy took effect.

Appeals court revives suit claiming McDonald's advertised falsely at O'Hare, says Cook County judge should have stepped down

By Dan Churney |
A suit against McDonald's for allegedly advertising false prices at O'Hare, which had been dismissed, will begin again, because an appeals panel has ruled the judge in the case should have OK'd plaintiff's motion to substitute her with another judge.

Walgreens OK to claim Blue Cross wrongly using Walgreens' ex-lawyers in suit alleging pharmacy chain inflated prices

By Dan Churney |
Blue Cross Blue Shield is suing Walgreens for allegedly overcharging for discount drugs, but a Chicago judge is allowing Walgreens to counterclaim that Blue Cross is improperly making use of a law firm that once advised the pharmaceutical retailer on its markdown program.

Appeals court says Pritzker's eviction moratorium didn't apply to case in which tenant allegedly threatened landlord

By Dan Churney |
An appeals panel has ruled a Chicago judge was right to grant an eviction, despite Gov. JB Pritzker's former moratorium on evictions in Illinois, because of alleged threats a tenant directed at a landlord.

IL High Court: Cities can't exclude certain disabled firefighters from enhanced lifetime benefits by redefining 'catastrophic injury'

By Dan Churney |
The Illinois Supreme Court shot down the Peoria City Council's attempt to redefine the term "catastrophic injury" to narrow the range of employees who could qualify

IL High Court: Actual damages trigger time limits for legal malpractice suits, not date of actual alleged mistakes

By Dan Churney |
The Illinois Supreme Court ruled Jan. 21 in a Cook County case, that the statute of limitations in a legal malpractice matter did not begin running until the client actually suffered damages as a result of the alleged malpractice, not years before when the alleged malpractice occurred.

IL Supreme Court says injured workers can sue third-party contractors, even if contractors pay workers' compensation

By Dan Churney |
The Illinois Supreme Court has ruled a third-party general contractor from Chicago is not shielded from a lawsuit by an injured worker, even though the contractor paid workers' compensation benefits to the worker, because only direct employers who cover workers' compensation are insulated from liability.

Appeals court: Statute of limitations still paused for disabled person's lawsuit, even if her guardian sued another party

By Dan Churney |
An Illinois appellate panel has ruled in a Will County medical negligence case, that the statute of limitations does not kick in when a guardian presses a negligence lawsuit for a disabled person, until the person is no longer disabled.

Law firms seek $427K in worker fingerprint scan lawsuit vs Hyatt Hotels; Workers slated to get $1,500 each

By Dan Churney |
A group of Chicago lawyers want $427,000 in fees for pressing a lawsuit against Chicago-based Hyatt Hotels, which alleged the chain breached biometric privacy law, saying their cut of the pie is "eminently reasonable."