Dana Herra News
Not Your Father's trademark court fight brewing over hard root beer labeling
The makers of Not Your Father’s Root Beer are arguing a tweak in the generation is not enough to differentiate a competitor’s slogan from their trademark.Small Town Brewery LLC, the maker of the sweet alcoholic beverage Not Your Father’s Root Beer, is suing Sprecher Brewing Company Inc. over Sprecher’s use of the phrase “Not Your Granddaddy’s Root Beer” on the packaging for its take on hard root beer.
Legal tussle continues over who should be responsible for sunken haunted barge at Navy Pier
Who should be responsible for the sinking of a haunted barge at Navy Pier last year remains an unsolved riddle, after a federal judge dowsed some counts of a lawsuit surrounding the incident, but gave the plaintiff time to address the issues and file an amended complaint. The barge, a haunted house-style Halloween attraction, sank on Halloween 2014 while it was docked at Navy Pier in a storm.
Tilted Kilt says area franchise developer misled franchisees to expect big paydays
Tilted Kilt Pub & Eatery restaurants has filed suit against a company that develops Tilted Kilt franchises in northern Illinois, southern Wisconsin and northwest Indiana, claiming the developer misled potential franchise operators, opening Tilted Kilt to liability and a damaged reputation.
Former Ungaretti lawyers not liable for bringing whistleblower suit for one client, but not another who asked them first, appeals panel says
A Chicago law firm which allegedly initially declined to bring a whistleblower suit against doctors and MRI companies over purportedly illegal leasing agreements, but then later won hundreds of thousands of dollars for a different client in a nearly identical case months later, should not be held liable for the first client’s failure to bring a similar case or collect damages, a state appeals panel has ruled.
Prior class action settlements doom fresh class action attempt vs maker of Oscillo
A federal judge has denied class certification in a lawsuit against the maker of a homeopathic flu remedy, but is permitting the man who filed the suit to proceed with his claim for individual relief. Plaintiff Chad Conrad sued Boiron Inc. and Boiron USA Inc., manufacturer of a homeopathic remedy called Oscillococcinum, sold under the name Oscillo.
Judge: Federal law pre-empts state law claims in massive testosterone treatment lawsuit vs drug makers
A federal judge has dismissed the state law counts in a massive lawsuit against eight manufacturers of testosterone replacement therapy drugs, agreeing with the defendants that the claims are preempted by federal law.U.S. District Judge Matthew F. Kennelly ruled Monday in federal court in Chicago in the multi-district litigation involving more than 2,500 plaintiffs who have alleged they’ve suffered injuries from improper prescribing of the testosterone replacement drugs.
State high court: Mesothelioma may take decades to manifest, but law gives only 25 years to file suit over asbestos exposure
Story CopyA widow whose husband’s asbestos-related illness manifested more than 40 years after his last exposure cannot collect damages from the employer responsible for the exposure, the Illinois Supreme Court has ruled.
Atlas Van Lines ordered to turn over thousands of detailed contracts to owner-operators suing over underpayment
A shipping company facing a federal lawsuit over claims it underpays its contracted owner-operators must release detailed contracts to the plaintiffs suing it, after a federal judge indicated she was unconvinced by the company’s arguments that producing the documents would create an undue burden. Plaintiff Thomas Mervyn is suing Atlas Van Lines, Inc., and Ace World Wide Moving & Storage Co., Inc.
State high court overturns appellate ruling pharmacy's attempt to pay class rep should thwart class certification in junk fax action
A class action lawsuit regarding a company’s use of unsolicited faxes as an advertising tool is back where it began, after the Illinois Supreme Court reversed an appellate court’s ruling and agreed with the initial ruling by the circuit court that a defendant cannot render a motion for class action moot simply by settling with the initial class representative.
eTelequote parent doesn't do enough business in Illinois to make it 'at home' for telecommunications lawsuit
A federal lawsuit brought in Chicago by residents of states on the U.S.’s West Coast against an insurance telemarketer will be allowed move forward, but without the telemarketer’s sister company, which a judge said doesn’t do enough business in Illinois to make Chicago’s courtrooms the appropriate place for the legal actions against them.
Bus drivers' federal class action says First Student has shorted them wages, overtime
A group of 65 school bus drivers has filed a class action lawsuit against bus company First Student on behalf of potentially thousands of other bus drivers, claiming the company has made a habit of underpaying its drivers. Attorneys Karl W. Roth and William P. Foley of the Roth Law Group, of Chicago, filed the action Tuesday, Oct. 13, in federal court in Chicago.
Judge grounds lawsuit vs Northrop Grumman over 'best efforts' to develop civilian aircraft missile defense system
A federal judge has found Northrop Grumman’s “best efforts” were good enough to allow him to ground a lawsuit brought by a former Northrop employee, who claimed the giant aerospace company and defense contractor should be held accountable for allegedly misleading the U.S. government on its achievements in developing a system to defend aircraft against missiles.
After appeals court tosses $3.5 million verdict, auto crash victim sues insurer for $4 million for 'bad faith' suit against him
While a Cook County man awaits a new trial in a lawsuit he filed after being injured in an auto accident - and for which he had been awarded $3.5 million - he has filed a new suit against the insurance company defending the other driver, saying the insurance company sued him without cause and now owes him $4 million.
United management pilots win class action certification to sue the Air Line Pilots Association union over retro pay
A federal judge in Chicago has signed off on class action status for a lawsuit against the Air Line Pilots Association International, or ALPA, by management pilots for United Airlines, who complain they were not fairly compensated in a payout of $225 million in retroactive pay the association distributed on behalf of the airline.
U.S. Soccer can't use national team players' likenesses for ads without players' association OK, judge says
The United States Soccer Federation must seek approval from its players’ union before allowing sponsors to use players’ likenesses in advertisements, after a federal judge upheld the decision of an arbitrator. U.S. District Judge Virginia M. Kendall ruled Sept. 29 in Chicago to grant the United States National Soccer Team Players Association’s motion for summary judgment in a lawsuit the Chicago-based U.S. Soccer Federation brought against the players association.
Arlington Heights man, New Jersey lawyer bring federal class action vs Wells Fargo over unwanted calls, texts
An Arlington Heights man has filed a class action lawsuit against Wells Fargo Bank, saying that the bank has repeatedly harassed him with unwanted automated phone calls and text messages. Plaintiff Ethan Jones filed suit Sept. 22 in federal court in Chicago, alleging he has received numerous unwanted calls and text messages on his cell phone from Wells Fargo’s automated phone system.
Appellate: Lawyer a day late, but shouldn't be any dollars short in malpractice case
A lawyer’s failure to file an appeal on time may have technically torpedoed a family’s lawsuit against another attorney who they blame for destroying their businesses. But an appellate panel has determined the family would have lost the appeal and the case anyway, and so has denied the family’s attempt to sue its attorney for losing the suit.
Where's the restaurant? Lawsuit alleges leaders of Hardee's, Carl's Jr. franchise operation ran real estate scheme
The grandsons of Carl’s Jr. founder Carl Karcher are facing a lawsuit saying they swindled companies in a real estate scheme that involved promising to open restaurants that never materialized. On Sept. 16, investors with the corporate entities known as KMK Group, LLC and Nine Crown, LLC filed suit in federal court in Chicago, suing brothers Jason and Carl LeVecke and two companies in which the brothers are principals, JC123 Holdings LLC and LeVecke & Co. LLC.
Appeals court upholds dismissal of $14 million legal malpractice case vs Katten Muchin by heir of Harold Price
An appellate court has upheld a lower court’s ruling against the granddaughter of business luminary Harold C. Price, rejecting the woman's suit against her attorney and the Katten Muchin Rosenman law firm for legal malpractice based on claims his legal advice caused her to lose $14 million of an $18 million inheritance.
Judge: Enough doubt over whether crossing gates worked to allow trial in death of man killed by Metra train in Des Plaines
A federal judge has ruled a widow’s lawsuit against Union Pacific raises enough questions about the death of her husband in a collision with a commuter train that the case should proceed to trial.