Top News

Appeals court: Legal maneuver to use different court rule to intercept TCPA class action still won't fly

Jonathan Bilyk Jun. 22, 2017, 11:31pm

A federal appeals court has shot down a gambit by a company attempting to swat down a junk fax class action lawsuit by depositing with the court a payment it believed to satisfy the claims of the lawsuit’s lead plaintiff, as judges said they did not believe the attempt to use a seeming loophole in a recent landmark U.S. Supreme Court ruling is different enough from the very act the nation’s high court wouldn’t fly under the law.

Fraud charges added to $36M lawsuit vs Mizzi, Canadian private equity firm over senior living venture

Jonathan Bilyk Jun. 21, 2017, 4:59pm

Days after Canadian financial regulators seized control of a private equity firm over allegations it had misled investors to plow almost $100 million into a high-risk venture, a group of Chicago area businessmen have amended their pending $36 million lawsuit against Paramount Equity Financial Corporation and Canadian businessman Enzo Mizzi, now also accusing Mizzi’s group of fraud.

Judge: Law firm can't press antitrust conspiracy claim vs bankruptcy management software biz

Jonathan Bilyk Jun. 20, 2017, 12:49am

A Chicago law firm has struck out yet again in its attempt to press an antitrust action against a company specializing in developing bankruptcy case management software, as a federal judge declared McGarry & McGarry LLC simply didn’t have the standing needed to press its claims against Irvine, Calif.-based Bankruptcy Management Solutions Inc.

IL Supreme Court: IL constitution doesn't expand protesters' assembly rights beyond First Amendment

Jonathan Bilyk Jun. 16, 2017, 2:41pm

A Chicago ordinance prohibiting anyone, even protesters, from remaining overnight in Grant Park without a special city permit is constitutional, the Illinois Supreme Court has ruled, rejecting contentions from lawyers for left-wing protest groups that the state constitution grants broader rights to assembly than does the U.S. Constitution.

Appeals panel: Social service agencies can't be paid without state appropriations

Jonathan Bilyk Jun. 15, 2017, 2:37pm

Noting the contracts they signed made their payments contingent on the availability of legally appropriated state funds, an Illinois appellate court has found a coalition of social service providers have no legal or constitutional leg to stand on to demand the state pay them without first securing the proper appropriations from the state’s legislature and governor.

Home Depot: Class action over size of 2x4s, other lumber, lacks foundation, should be tossed

Jonathan Bilyk Jun. 14, 2017, 6:00pm

Facing a class action lawsuit claiming the retailer should be made to pay for selling lumber that doesn’t measure up to its listed dimensions, Home Depot has hammered back, arguing it should not be made to answer for simply selling its products using terms common within the home improvement and construction business.

Tinley Park seeks to dismiss federal discrimination lawsuit over low-income housing project

Jonathan Bilyk Jun. 12, 2017, 10:17pm

The fate of a low-income housing development in Tinley Park could yet turn on the question of whether the President of the United States must appoint someone to serve as the overseer of the Department of Justice’s Civil Rights Division for the Justice Department to legally file housing discrimination lawsuits.

Video game companies: City's 'Cloud Tax' can't be legally applied to online gaming, streaming

Jonathan Bilyk Jun. 9, 2017, 3:35pm

An association representing some of the biggest names in video and computer games have sued the city of Chicago, asking a judge to determine the city’s 9 percent "Cloud Tax" can’t be applied to their online streaming video game products.

Nursing homes can sue the state on patients' behalf to force prompt processing of Medicaid claims: Judge

Jonathan Bilyk Jun. 9, 2017, 2:44pm

A federal judge has cleared the way for yet another group of lawsuits demanding the financially-troubled state of Illinois be forced to more promptly process and pay Medicaid claims, saying federal law allows Medicaid recipients and, by extension, health care agencies to sue the state for failing to abide federal law requiring the payment of Medicaid claims “with reasonable promptness.”

Bensenville homeowners cleared to continue takings lawsuit vs Chicago over O'Hare air traffic

Jonathan Bilyk Jun. 8, 2017, 12:26pm

A Cook County judge has refused to dismiss a lawsuit brought by dozens of Bensenville homeowner against the city of Chicago for allegedly trespassing on their property rights when the city redesigned runways at O’Hare in 2013, sending a steady growing stream of air traffic over their homes daily since.

Catholic church can't be sued for discriminating against gay man fired as music director: Judge

Jonathan Bilyk Jun. 7, 2017, 7:56pm

A federal judge has turned aside a discrimination lawsuit brought by a gay man against the Roman Catholic Chicago Archdiocese for firing him from his role as music director at a church in suburban Inverness after he publicly announced his wedding engagement, saying the man’s tasks in his job at the church meant he “served an integral role in the celebration of mass,” and thus anti-discrimination laws did not apply to him.

Federal judge: State can't keep skimping on Medicaid while fully funding worker pay, debt obligations

Jonathan Bilyk Jun. 7, 2017, 5:57pm

A Chicago federal judge has stopped short, so far, of ordering the state of Illinois to place a premium on paying the health insurance organizations, hospitals and others the $2 billion it is estimated the state owes under unpaid Medicaid bills. But the judge said she did not find it reasonable for the state to skimp on Medicaid payments while fully funding its monthly payroll and debt repayments.

Judge: 'Professional plaintiffs' dishonesty dooms $200M junk fax class action

Jonathan Bilyk Jun. 6, 2017, 4:10pm

A federal judge has shot down an attempt by a “professional class action plaintiff” chiropractic firm and their lawyers to pursue a junk fax class action worth potentially $200 million, saying the lack of honesty, at best, or sloppiness, at best, by the plaintiffs and their lawyers doomed their attempt to lead the lawsuit against a marketing company the judge noted had sent tens of thousands of junk fax ads.

Judge rejects 'totally implausible' kickbacks accusation leveled by state vs mortgage reinsurer, lenders

Jonathan Bilyk Jun. 5, 2017, 6:16pm

Calling the allegations “totally implausible,” a Chicago federal judge has tossed a lawsuit brought by the state of Illinois against Bank of America and a mortgage insurance company, which had accused the lender and insurer of working in a scheme to maximize their own profits by dumping high default risk onto another mortgage insurer, leaving borrowers unaware their mortgage insurance premiums were higher than they should be.

Class action: U of Chicago Med Center owes for 'thousands' of debt collection calls to wrong people

Jonathan Bilyk Jun. 2, 2017, 8:41pm

A woman claims the University of Chicago Medical Center called her on her cell phone to collect a debt she didn’t owe, alleging in a new class action lawsuit that the hospital owes her money, as well as potentially thousands of others who received the allegedly improper debt collection robocalls.

City Hall: Toss class action over bogus ParkChicago parking tickets; plaintiff never paid ticket

Jonathan Bilyk May 25, 2017, 3:27pm

Chicago City Hall has asked a Cook County judge to toss a class action lawsuit which alleged the city has wrongly issued parking tickets to motorists who had actually paid to park using the ParkChicago smartphone app, as the city says the man who brought the lawsuit actually had never been made to pay an improperly issued parking ticket.

Judge refuses class action vs lawyers, IT vendor accused of using crash reports to drum up business

Jonathan Bilyk May 24, 2017, 12:51pm

Saying plaintiffs would be hard pressed to demonstrate precisely how otherwise-protected information may have ended up on police vehicle crash reports, a Chicago federal judge has refused to allow a class action lawsuit to proceed against St. Louis-based personal injury firm Meyerkord & Meyerkord, accused of purchasing traffic crash reports and using personal information from those reports to solicit business from potential clients.

North suburban lawyer expands court fight with Zillow over low 'zestimates' to class action

Jonathan Bilyk May 23, 2017, 11:45am

A north suburban lawyer has expanded her quarrel with real estate website Zillow, agreeing to shelve her personal lawsuit over her home’s “zestimate” – an online estimate of a home value, created and published by Zillow - to pursue a class action lawsuit representing untold numbers of others whose efforts to sell their homes have been hampered by Zillow’s popular estimating feature.

IL high court deadlocks on whether title companies' attorney payments are kickbacks

Jonathan Bilyk May 22, 2017, 4:54pm

A divided Illinois Supreme Court has let stand a lower court’s decision to allow lawyers to earn fees – even fees that appear overly large, compared to the amount of work being done – from real estate title companies, despite accusations that the fee-splitting arrangements amount to little more than a kickback scheme.

Prenda Law's Steele disbarred; six other IL lawyers also disbarred, nine suspended, IL Supreme Court says

Jonathan Bilyk May 19, 2017, 3:27pm

John L. Steele, a Chicago lawyer already indicted for his role in the Prenda Law shakedown scheme targeting downloaders of online porn, has been disbarred. On May 19, the Illinois Supreme Court announced its action against Steele, as well as six others who were disbarred by the court in attorney disciplinary orders handed down May 18. The court also suspended nine other attorneys and censured or reprimanded six more.