Top News

Chicago surgery center OK'd to sue malpractice insurer for refusing settlement, costing $4 million

Dana Herra Jan. 13, 2016, 9:28am

The 900 North Michigan Surgical Center can proceed in its bad faith lawsuit against its malpractice insurers, after a Chicago federal judge said there was sufficient evidence to believe the medical practice has a legal leg to stand on in contending its insurers needlessly cost the practice $4 million by deciding to take a malpractice case to trial and refuse a “sympathetic” plaintiff’s offer to settle the matter for $1 million.

Not likely jury would've believed for-profit colleges tried to pocket admission reps' bonuses, judge says

Dana Herra Jan. 9, 2016, 11:31am

A federal court has denied a man’s attempt to sue his former employer, a Schaumburg-based operator of several for-profit career education colleges, over its termination of a bonus incentive program he says cost him thousands. U.S. Magistrate Judge Geraldine Soat Brown granted summary judgment in December to defendant Career Education Corporation, which operates Le Cordon Bleu College, American Intercontinental University and Colorado Technical University.

Four Loko makers can't force insurer to defend them against intoxication death, injury suits

Dana Herra Jan. 6, 2016, 9:18am

The makers of Four Loko, a cross between malt liquor and an energy drink, are on their own in defending against six lawsuits claiming consumption of the beverage led to injuries or deaths, after a state appellate court ruled the company’s insurer is not obligated to indemnify it. Chicago-based Phusion Projects Inc. and Phusion Projects LLC, makers of Four Loko, sued Selective Insurance Company of South Carolina in Cook County Circuit Court.

Doctors not gellin' with custom orthotics claims from makers of Dr. Scholl's inserts

Dana Herra Jan. 4, 2016, 9:46am

A group of podiatrists is not gelling with advertising claims made by the makers of over-the-counter foot care brand Dr. Scholl’s over just how "custom" is the fit of the brand's retail orthotic inserts. Podiatrist Lowell Scott Weil and Des Plaines-based Weil Foot and Ankle Institute LLC, which employs 17 podiatrists, filed a class action lawsuit Dec. 22 in Chicago federal court against Dr. Scholl’s parent company, Bayer AG, and its subsidiaries.

Flight attendants wage, hour class action vs Skywest moved to Chicago federal courts, to join already pending action

Dana Herra Dec. 30, 2015, 11:41am

A class-action lawsuit claiming SkyWest Airlines systemically underpays its flight attendants was transferred Dec. 9 from a federal court district in California to Chicago federal court, joining a virtually identical class action already pending against the airline in the U.S. District Court for the Northern District of Illinois.

IL Supreme Court: Plaintiffs don't get to change judges simply because they withdraw, refile suit

Dana Herra Dec. 26, 2015, 11:50am

The Illinois Supreme Court has shot down a plaintiff’s attempt to change judges after she dropped a lawsuit and then re-filed it, saying her attempt to “reset the clock” on the process was a loophole those who wrote the rules did not intend to be exploited. State law allows each party to a lawsuit to request one substitution of judge without cause, as long as the motion is made before the judge has ruled on matters of substance in the case.

Cook County, home rule municipalities can tax slot machines, video gaming terminals, appeals panel says

Dana Herra Dec. 17, 2015, 11:56am

In a pair of decisions, a state appeals panel again upheld the ability of Cook County and other home rule units of local government in Illinois to tax slot and video gaming machines. Both cases, docketed in court records as Case No. 13-L-050995 and Case No. 14-CH-7357, named Lemont-based Accel Entertainment among the plaintiffs, and both were decided by the same panel of three judges.

Facebook: Face tagging software doesn't violate Illinois biometric info law, contra class action

Dana Herra Dec. 10, 2015, 4:16pm

Contending its photo tagging technology doesn’t violate Illinois’ law forbidding the sharing of certain biometric information, Facebook has asked a judge to dismiss a class action lawsuit filed by a non-Facebook user who claims he and other people who do not have accounts on the social media site have been harmed by the site’s photo Tag Suggestions feature.

Bumble Bee Tuna faces class action over legally fishy advertising on omega 3 levels

Dana Herra Dec. 9, 2015, 2:40pm

A class action lawsuit has been cleared to move forward against Bumble Bee Foods, claiming the food packager improperly labeled its canned tuna to promote health benefits it may not have been legally entitled to advertise, after a federal judge threw back the food company’s motions to dismiss. Plaintiff Joseph McMahon, filing as an individual and class representative, has claimed Bumble Bee had no legal right to label its canned tuna and other seafood as an “excellent source of Omega-3s.”

Former store workers cleared to bring wage, hour class action against Family Video

Dana Herra Dec. 3, 2015, 11:30pm

A federal judge was not swayed by Family Video’s “creative” arguments against granting class certification in a lawsuit filed by a group of the retailer’s former employees, allowing the litigation to move forward under both federal and Illinois wage and hour laws.

Not Your Father's trademark court fight brewing over hard root beer labeling

Dana Herra Nov. 30, 2015, 5:34pm

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

Dana Herra Nov. 26, 2015, 9:51am

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

Dana Herra Nov. 23, 2015, 11:27pm

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

Dana Herra Nov. 19, 2015, 9:46am

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

Dana Herra Nov. 16, 2015, 9:58pm

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

Dana Herra Nov. 11, 2015, 10:56pm

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

Dana Herra Nov. 6, 2015, 10:57am

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

Dana Herra Oct. 27, 2015, 11:25pm

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

Dana Herra Oct. 23, 2015, 11:42pm

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

Dana Herra Oct. 19, 2015, 10:39pm

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.