Dana Herra News

IL Supreme Court: Court order tops FOIA in dispute over Daley grand jury materials

By Dana Herra | Jan 30, 2019

In finding a government watchdog group can’t get access to grand jury materials involving former Chicago Mayor Richard M. Daley in the manslaughter case against the mayor’s nephew, the Illinois Supreme Court has declared a court order to seal grand jury documents will trump the state’s Freedom of Information Act.

Judge: 'Too many assumptions' in man's Medicare fraud class action vs United Healthcare over home visits

By Dana Herra | Jun 22, 2018

A federal court has dismissed a lawsuit a man attempted to bring against his insurance company, ostensibly on behalf of the federal government, claiming the UnitedHealthcare was defrauding Medicare by scheduling unnecessary in-home nurse visits for him and others.

Co-defendants in case from 3-car I-88 wreck can't pull man back in who caused it while DUI, but settled

By Dana Herra | Jan 19, 2017

A man who caused a three-car crash while driving under the influence of cocaine on Interstate 88 near Naperville, and later settled with a woman severely injured in the crash, cannot be reintroduced into the woman’s lawsuit to diffuse responsibility from other defendants in ensuing litigation, a state appeals court has ruled, rejecting assertions the driver’s DUI conviction indicated his actions that caused the crash were intentional, rather than merely negligent.

Online college claims accreditation agency made it a ‘sacrificial lamb’ to appease Congress

By Dana Herra | Jan 5, 2017

Ivy Bridge, a defunct online college, has brought to Chicago federal court its lawsuit against an accreditation agency it says made the college a “sacrificial lamb” to prove to Congress that the agency had not become lax in accrediting nontraditional institutions. 

Delivery drivers sue trucking firms, Amazon as joint employers, say broke law by not paying OT

By Dana Herra | Nov 3, 2016

A pair of former delivery drivers has filed a class action lawsuit against the trucking company that employed them and against Internet behemoth Amazon, the merchant whose cargo they were delivering and who they allege acted as their "joint employer," saying the companies wrongly didn't pay overtime, making them earn less than what state and federal law requires.

Former bus attendant for special needs students delivers class action vs CPS over unpaid wages

By Dana Herra | Nov 1, 2016

A former bus attendant for the Chicago Public Schools has delivered a class action lawsuit against the state’s largest school district alleging he and others like him worked hours for which they were never paid.

Panel: 'Pay-when-paid' contract language means contractor owes sub even though stiffed by customer

By Dana Herra | Oct 27, 2016

A contractor must pay its subcontractor for excavation work on an abandoned development site, even though the developer who hired the general contractor never paid its bills, an appellate court ruled.

Appeals court sides with California online retailer in tax suit, overturns $100K in fees in qui tam action

By Dana Herra | Oct 21, 2016

An appeals court found a California retailer is not liable for failure to collect Illinois use tax for catalog and Internet sales, and also threw out more than $100,000 in attorney’s fees a lower court had awarded the law firm that brought the qui tam action.

Big U.S. sales of Androgel sink Belgian drugmaker Besins' try to toss 'Low T' drug class action suit

By Dana Herra | Oct 14, 2016

A federal judge has denied a Belgian drug maker’s attempt to remove itself from a massive class-action lawsuit that claims testosterone replacement drugs caused harm to patients taking them for off-label conditions.

Data breach class action vs Barnes & Noble falls apart after judge finds victims suffered no injury

By Dana Herra | Oct 6, 2016

A federal judge has dismissed an attempt by customers of Barnes & Noble to sue the bookseller over a 2012 data breach they say exposed them to an increased risk of identity theft.

Suburban nonprofit theater not property tax exempt because not 'charitable,' panel says

By Dana Herra | Sep 23, 2016

A suburban community theater troupe will not receive a property tax exemption on its theater, after a state appellate court upheld previous findings by the state and a trial court that the theater, while nonprofit, is not charitable enough to qualify for an exemption.

Woman whose foot was severed by firecracker in park can't sue Chicago Park District: Appeals court

By Dana Herra | Sep 15, 2016

A woman whose foot was severed after a firework, detonated by two men visiting a Chicago park, exploded near her, cannot hold the Chicago Park District liable for her injuries, an appellate court has ruled.

Photographer says big local Coldwell Banker brokerage wrongly shared photos with Zillow, others

By Dana Herra | Aug 31, 2016

A photographer has sued one of the state’s largest real estate groups, claiming at least two of its agents violated copyright law by sharing his photos for use by Zillow and other online real estate-related sites.

Judge sinks bid by cruise line to use Spokeo to thwart class action over telemarketing disguised as surveys

By Dana Herra | Aug 26, 2016

A cruise line and other companies being sued for allegedly cloaking telemarketing calls under the guise of nonprofit surveys lost an attempt to use the recent U.S. Supreme Court Spokeo ruling to defeat a class action against them.

Exotic dancers' wage lawsuit vs Pink Monkey club dismissed; included too little detail, judge says

By Dana Herra | Aug 12, 2016

A trio of former exotic dancers was foiled in an attempt to recover money they claim is owed to them by the South Loop club where they worked, after a federal judge dismissed the women’s wage lawsuit against the Pink Monkey.

Appeals panel says firefighter can press work comp claim for PTSD

By Dana Herra | Aug 5, 2016

The state’s workers’ compensation commission will need to take a second look at a Homewood firefighter’s claim for coverage for post-traumatic stress disorder, after a state appeals court ruled legal precedent exists to support his claim and the commission was too hasty to toss his claims.

Judge: IL State Police needed only offer other jobs to escape ADA suit brought by ex-trooper with diabetes

By Dana Herra | Jul 29, 2016

A former state trooper placed on restricted duty after a diabetic episode caused her to crash a squad car – and to whom the state offered three alternative positions - has failed in her bid to sue the Illinois State Police for discrimination under the Americans with Disabilities Act.

School nursing vendor claims CPS helped competitor poach nurses, but judge tosses lawsuit

By Dana Herra | Jul 11, 2016

A federal judge has agreed to dismiss a lawsuit brought against the Chicago Public Schools by a school nursing contractor who accused the city’s school district of helping a competitor poach their employees after CPS awarded a new contract for its special needs school nursing services. But the judge left the door open for the plaintiffs to rewrite their complaint and resume their lawsuit, if they could.

Wording of hotel tax rules doom most suburban collection suits vs Expedia, other online room renters

By Dana Herra | Jul 5, 2016

The village of Lombard is the only one of more than a dozen municipalities suing 13 online travel sites to come out a winner, after a federal judge ruled that the sites do not need to pay additional taxes to the other villages and cities.

Daimler lawsuit: IL board won't allow it to cut off dealership that admitted to hacking Daimler's system

By Dana Herra | Jun 30, 2016

Calling a state agency’s recent decision akin to “saying a criminal is innocent of burglary if he breaks into a house but does not succeed in stealing anything,” truck maker Daimler Trucks North America has asked a Cook County judge to determine the Illinois Motor Vehicle Review Board was wrong to determine Daimler was not justified in cutting off a dealership group which admitted to stealing information from Daimler to gain a competitive advantage over a rival Daimler dealer.

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