John Breslin News
Attorneys: Illinois likely to follow California, introduce stricter rules for independent contractors
Attorneys representing businesses believe Illinois will follow California and attempt to introduce legislation to tighten the rules over who can be classified as an independent contractor.
Appeals court: Woman waited too long to sue divorce lawyer for malpractice in McHenry case
A woman will not be able to sue her divorce attorney for allegedly mishandling her divorce case, as a state appeals panel found she did not file suit until long after she had expressed frustration with her lawyer.
Judge: Metra cops can be sued for arrest of man who plugged devices in at Ogilvie station food court
A man arrested by Metra Police at Chicago's Ogilvie Transportation in an incident that began with a disagreement over where he could plug in his electronic devices can continue his action for false arrest, a Chicago federal judge has ruled.
Comptroller's order on prevailing wage a political move: Attorney
An order cementing the state's commitment to enforcing prevailing wage laws is a way to keep the trade unions on the side of Democratic state officials, according to a lawyer with expertise in defending companies on labor matters.
Can a company accused of 'killing' people sue for defamation? Bar is high, even then, attorneys say
Companies can face a high bar when considering whether to use defamation lawsuits to defend themselves against claims of wrongdoing, even if they may be able to prove they are falsely accused of "poisoning" communities or "killing" people.
Appeals court: IL State Police OK to use police report to deny concealed carry permit, even without arrest or conviction
An Illinois appeals panel has ruled the Illinois State Police are within their authority to deny a concealed carry firearm permit to people based solely on allegations contained in police reports, whether or not that person was ever arrested on those charges, much less convicted.
IL appeals decision upholding $1.3M legal fees vs nursing home could set precedent, spark call for reform
An Illinois appeals court has allowed a group of plaintiffs lawyers to tack $1.3 million on to a $4.1 million verdict against a nursing home. And the decision sets the stage for fights over whether the decision should be treated as precedent, and whether the "outdated" law which allowed the decision needs to be updated to reflect the current legal environment in Illinois.
New IL job 'interview bot' A.I. law could boost lawsuit risks for employers
Illinois is ahead of the national curve on legislation regarding artificial intelligence, but that could cause problems, an attorney with expertise on technology law said.
Fired Melrose Park firefighter can't dodge residency rules by owning a home rented to someone else in village
CHICAGO -- A former Melrose Park firefighter has lost his appeal in the Illinois First District Appellate Court to overturn the decision to terminate his employment for his failure to abide by residency requirements.
Federal appeals court leaves unanswered key questions in big class action ruling vs Dish Network
RICHMOND, Va. – An opinion by the 4th U.S. Circuit Court of Appeals has left fluid just who can be part of a class action, leaving unanswered the question of how to identify members, a defense attorney says.
Appeals court: Man's failure to disclose lawsuit in bankruptcy court dooms medmal lawsuit vs Northwestern, doctors
An appeals court has affirmed that a medical malpractice lawsuit should be thrown out because the man who sued failed to disclose the lawsuit in bankruptcy filings.
Judge shuts down class action vs Teamsters local over pension contribution rules
CHICAGO -- Former union members have lost their claim that the trustees of a retirement fund failed in their fiduciary duty regarding an employee benefits plan.
Madigan, IL Dems hold cards on gerrymandering after SCOTUS ruling; Reformers vow to keep fighting
A recent U.S. Supreme Court ruling has set the stage for a political battle over political gerrymandering and control of the redistricting process. But the decision has left Illinois House Speaker Michael Madigan and his fellow Democrats holding the cards.
Businesses could face yet more lawsuits if defined as 'person' under IL Gender Violence law, attorney says
An Illinois appeals court decision could open another avenue for companies to be sued, as appellate justices said it remained an open question as to whether they could be held accountable for their workers' sexual misconduct under a state law to combat gender violence, a defense attorney said.
Employers likely to abandon random, pre-employment marijuana testing following legalization, attorney says
Many employers are likely to stop random and pre-employment drug testing for marijuana following the legalization of its recreational use in the state, an attorney with expertise in labor law said.
New law to make prime contractors liable for unpaid wages of subs' workers stalls in state Senate
Legislation that would have made prime, or direct, contractors liable for the unpaid wages of workers employed by sub-contractors has stalled in the Illinois General Assembly.
Attorneys take aim at new work comp law, allowing workers to sue in court and press work comp claims
Criticism, often biting, is following the signing into law of what is being described as a deeply flawed change that will allow workers to sue outside the workers' compensation system.
Illinois among states in suit against pharmaceutical companies alleging generic drug price fixing
Illinois is among the plaintiffs in a multistate lawsuit that claims pharmaceutical companies colluded to fix the prices of generic drugs in a scheme that allegedly caused billions of dollars of harm to the national economy.
Labor Dept. 'gig economy' letter can help companies accused of misclassifying independent contractors, attorney says
The U.S. Department of Labor recently clarified its position on the classification of workers within the growing so-called "gig economy," stating it believes most such workers can be described as independent contractors, and not employees, under federal labor laws.
Mariano's managers can continue with OT pay lawsuit vs supermarket chain
Employees of supermarket chain Mariano's, owned by Kroger, can move forward with their collective action over claims they were misclassified under fair labor laws and not paid owed overtime.