U.S. Supreme Court News

Illinois' Collective Bargaining Freedom Act not likely to see SCOTUS challenge, attorneys say

By Karen Kidd | Apr 23, 2019

A new Illinois law that bars municipalities from enacting local "right-to-work" rules probably will not get challenged before the U.S. Supreme Court, but a Chicago suburb's existing case still could, two attorneys said during a recent interview.

Surveys: Class action lawsuits up again in 2018; Settlements down $1B, but businesses spent $2.4B to defend

By Jonathan Bilyk | Apr 18, 2019

Businesses in Illinois and elsewhere in the U.S. faced a growing challenge from class action lawsuits in 2018, and that number is only expected to grow, as plaintiffs’ lawyers continue to open new avenues to bring potentially massive legal actions, two recent surveys have found.

SCOTUS weighs competing briefs in widow's appeal in case vs GSK over suicide of lawyer taking generic Paxil

By Jonathan Bilyk | Apr 17, 2019

The U.S. Supreme Court is tackling the question of whether drug companies can be sued for not making their warning labels strong enough, even though the FDA controls the labels. But whether a forthcoming Supreme Court decision will affect a decision denying a $3 million judgment to the widow of a Chicago lawyer who committed suicide after taking the generic equivalent of Paxil remains unclear.

IL law requiring presidential candidates to release tax data would face stiff constitutional test

By Karen Kidd | Apr 3, 2019

A state Senate bill that would require presidential and vice presidential candidates to release their tax returns in order to be included on the Illinois ballot could pose a daunting question to the courts.

SCOTUS again asked to order SEIU to repay $32M in home caregivers' union fees already ruled unconstitutional

By Jonathan Bilyk | Apr 3, 2019

Arguments have begun to be filed in the latest try to persuade the U.S. Supreme Court to order an Illinois labor union to refund potentially tens of millions in fees the court has already declared were unconstitutionally collected.

Judge: Labor unions don't owe non-union state workers refunds, despite unconstitutional fees

By Jonathan Bilyk | Mar 19, 2019

Labor unions representing public employees shouldn’t need to refund fees they unconstitutionally collected from non-union employees, because they were acting in “good faith,” relying on state laws and prior legal precedent, a federal judge has ruled.

Judge: Labor union can continue suit vs state over law requiring unions to rep non-union workers

By Jonathan Bilyk | Feb 6, 2019

A labor union will be allowed to continue to press its claims a recent U.S. Supreme Court ruling should mean it and other labor unions cannot be forced under state law to represent non-union state workers who choose not to pay union fees.

Judge nixes bid to undo ruling tossing union suit over Lincolnshire dues to 'private' IL Municipal League

By Jonathan Bilyk | Jan 24, 2019

A federal judge has refused unions’ request to reconsider his decision to toss their lawsuit, arguing a Supreme Court decision allowing non-union workers to stop paying compulsory fees to unions should also be read to prohibit local governments from using taxes to fund organizations which lobby in favor of policies opposed by labor unions.

Power generators ask SCOTUS to overturn Illinois 'Zero Emissions Credit' subsidies for Exelon nuke power plants

By Jonathan Bilyk | Jan 10, 2019

A group of electrical power generators have asked the U.S. Supreme Court step in and unplug “zero emissions credit” subsidy programs in Illinois and elsewhere, arguing the state programs intrude on federal regulatory turf and unconstitutionally rig wholesale electricity generation and supply markets to prop up nuclear power plants that should otherwise be retired.

Appeals court: No rehearing for class action vs SEIU to obtain $32M refund of illegal fees

By Jonathan Bilyk | Jan 8, 2019

A federal appeals panel in Chicago has rejected the request by a group of home caregivers for a new hearing to reconsider the courts’ prior decisions denying them the opportunity to bring a class action to recover nearly $32 million they accuse a union of unconstitutionally taking from them under a state law invalidated by a U.S. Supreme Court decision.

People suing Google over facial geometry scans of photos must prove real harm, not just 'feel aggrieved': Judge

By Jonathan Bilyk | Jan 2, 2019

Saying the plaintiffs bringing the action must show how they were actually harmed, a Chicago federal judge has closed the window on a class action lawsuit accusing Google of violating an Illinois privacy law by automatically creating and storing face scans of people in photos uploaded to its Google Photos service.

Widow asks SCOTUS to toss GSK's win in lawsuit over Paxil labeling, lawyer's suicide

By Jonathan Bilyk | Dec 21, 2018

Asserting a Chicago federal appeals panel wrongly invalidated a jury’s verdict, attorneys for the widow of a Chicago lawyer who committed suicide after taking the generic version of the antidepressant drug Paxil, have asked the U.S. Supreme Court to throw out the appellate ruling and order more proceedings on whether pharmaceutical company GlaxoSmithKline should be made to pay for allegedly not revising their drug’s warning label to reflect an increased risk of suicide.

Supreme Court decision could help reduce 'forum shopping' in False Claims Act fraud suits

By John Sammon | Dec 12, 2018

The U.S. Supreme Court could be poised to deal a blow to so-called "forum shopping" and a stronger hand to companies and others defending themselves against would-be whistleblowers accusing them of defrauding the government.

Appeals panel: Despite Janus decision, still no class actions vs unions over illegally collected fees

By Jonathan Bilyk | Dec 7, 2018

A federal appeals panel in Chicago has again rejected an attempt by a group of home caregivers to bring a class action lawsuit against the labor union they say used an Illinois state law to unconstitutionally grab $32 million in fees from their pay, as the judges said the decision holds up even when reevaluated in light of a recent Supreme Court decision further restricting unions’ abilities to force non-union public workers to pay such fees.

After SCOTUS decision, others watching California's public nuisance lead paint action copied elsewhere

By Gabriel Neves | Nov 6, 2018

In the wake of the U.S. Supreme Court decision to deny paint manufacturers' appeal of a California ruling requiring them to pay more than $400 million for lead paint remediation, companies could face significantly greater odds of litigation under the theory of "public nuisance."

SCOTUS lets stand Penn high court's takeover of redistricting; Illinois reformers have taken note

By Cook County Record | Nov 5, 2018

After a decision by the U.S. Supreme Court rejecting Pennsylvania Republicans' attempt to redraw that state's congressional districts, an organization dedicated toward reforming how Illinois draws its legislative districts, which are currently skewed to favor Democrats, says the decision could help spur reform in other states, including Illinois, both legislatively and in the courts.

Attorney: Court's denial of Lincolnshire right-to-work ordinance could forebode SCOTUS fight

By Gabriel Neves | Oct 9, 2018

A recent decision by a federal appeals court in Chicago likely forebodes a legal fight before the U.S. Supreme Court over the fate of so-called local right-to-work zones in Illinois and throughout the country.

Appeals judges: Lincolnshire, other towns can't create right-to-work zones, despite home rule powers

By Jonathan Bilyk | Oct 1, 2018

Saying to find otherwise would create “catastrophic” consequences for labor law in Illinois and across the country, a federal appeals panel has backed a federal judge’s decision to toss an attempt by a northwest suburban village to use its home rule powers to create a local right-to-work zone within its borders.

Federal appeals court won’t review its decision to toss $3M verdict v. GSK; Plaintiff: ‘Dangerous precedent’

By Dan Churney | Sep 24, 2018

A Chicago federal appellate court has refused to reexamine its decision last month that reversed a $3 million verdict against drugmaker GlaxoSmithKline, on grounds the company was not responsible for the labeling of the generic version of its product Paxil, despite plaintiff’s urging a rehearing was needed, because she said the appeals panel set a “dangerous precedent.”

California boardroom gender quota bill is something for businesses in IL, elsewhere, "to watch," attorney says

By Gabriel Neves | Sep 19, 2018

A bill passed in California setting gender quotas on the boards of public companies could generate significant legal challenges, which likely would need to be resolved before other states move to copy it, an attorney following the legislation believes.

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