News from August 2015
Customer sues Walmart over claims of wet floor injuries
A woman is suing over claims that she was injured in the aisles of a Walmart store.
Temporary flooding caused by government action can be illegal taking of property, appellate panel rules
A state appellate panel has ruled the U.S. Supreme Court’s opinion, and not that of the state’s highest court, should hold sway in a case in which a group of Chicago area homeowners have argued a decision by the Metropolitan Water Reclamation District of Greater Chicago to release flood waters, resulting in backed-up sewers, flooded creeks and extensive damages to surrounding homes, constitutes an illegal taking of their property under the Illinois Constitution.
FLSA Rising: How independent is that worker? Courts, employers wrestle with the question
Amid the rising tide of wage and overtime lawsuits brought in the last 25 years under the federal Fair Labor Standards Act, employers of all sizes have faced a series of questions. Foremost for many, however, is the question of how to classify their workers. As the economy has shifted, many have attempted to turn to the use of so-called independent contractors, raising concerns and litigation over whether those contractors are independent enough to pass legal muster.
ARDC: Chicago lawyer affiliated with Prenda Law made millions in 'shakedown' scheme
A Chicago attorney who made millions pursuing copyright and computer hacking litigation on behalf of businesses purporting to hold the rights to pornographic videos is being accused of carrying out a shakedown scheme in courts in Chicago, as well as in St. Clair County and other jurisdictions around the country.Illinois Attorney Registration and Disciplinary Commission Administrator Jerome Larkin on Aug. 20 brought seven charges against lawyer John L. Steele over his conduct in courts that also
Purchase of IP rights to headphones doesn't obligate purchaser to pay unpaid wages judgment
A man awarded more than $100,000 in unpaid wages cannot force the creditors of his defunct ex-employer to cover the liability, according to an opinion issued Aug. 12 by a state appellate panel. The appellate ruling upheld the judgment of a Cook County Circuit Court judge.
Illinois Atty General sues drugmaker Amgen, alleging consumer fraud
Illinois Attorney General Lisa Madigan has sued drugmaker Amgen, alleging violations of the Consumer Fraud Act in the marketing of two of its drugs, Aranesp and Enbrel.
Family sues Hawthorne Race Course, alleging wrongful death
A Cook County woman is suing Hawthorne Race Course, alleging wrongful death.
Bears fan sues security guard, alleging malicious prosecution
A Cook County man is suing a security guard and a security organization, alleging he was improperly removed from the stands during the game, tackled by a group of security guards, roughly locked in a holding cell and falsely charged with a crime during a 2013 Chicago Bears home game.
Patient sues doctor, Ingalls Memorial Hospital, alleging medical malpractice
A Cook County man is suing a hospital and health care professionals, alleging he was mistreated.
Estate administrator sues St. Joseph Hospital, alleging malpractice, wrongful death
A Cook County woman is suing St. Joseph's Hospital, alleging mistreatment and wrongful death of a friend.
John Doe 5 sues Chicago school board, alleging negligence in molestation case
A Cook County man is suing a former Chicago school teacher and the city's board of education alleging negligence in a child molestation case dating to the 1970s.
Lawsuit dismissed against Rockford doctor, medical facilities over neck pain
A lawsuit brought by a Poplar Grove man against his doctor and a Rockford medical facility for alleged complications arising from neck surgery has been dismissed.
John Doe sues Chicago teacher, school board, alleging negligence, sexual battery
A Cook County man is suing a Chicago teacher and the city board of education, alleging negligence in a child molestation case dating to the 1970s.
CPA sues directors of defunct bank over loan to buy land secretly flipped by fellow bank director at double profit
A Hinsdale CPA who paid $3 million for farmland believed to be ripe for development near Minooka in 2005 has sued the directors of a defunct bank for allegedly defrauding him by loaning him money to buy the land, even as one of the bank’s directors flipped the land to him at a nearly 100 percent profit. John L. Beata, a certified public accountant, filed a fraud complaint in Cook County Circuit Court earlier this month aimed at the directors of the former New City Bank.
Chicago Heights man sues Roosevelt University, unknown subject over alleged violations of the False Claims Act
A Cook County man is suing over claims of a malicious barring and violations of Illinois False Claims Act against Roosevelt University after being denied permission to visit the school's library.
Man sues Chase Bar and Grill, patron over injury claims after incident
A man is suing another patron and Chasers Bar and Grill after he was allegedly injured.
Son's lawsuit alleges father suffered injuries in nursing home
A Cook County man is suing two nurses and a nursing home under the state’s Nursing Home Safety Act regarding injuries his father allegedly suffered.
Woman files malpractice suit in husband's death
A woman is suing her husband’s doctors and the hospital where he was treated, claiming malpractice and wrongful death.
Woman sues social worker, Kenneth Young Center in dispute over mother's care
A Cook County woman is suing a social worker and the social worker’s employer in a dispute involving custody and care of her 78-year-old mother.
FLSA Rising: Looming rule changes portend more litigation, complexity for employers
In the past 25 years, employers of all sizes have faced a mounting number of lawsuits brought under the federal Fair Labor Standards Act by current and past employees who argue they have been shortchanged. In 2004, for instance, when rules changed governing how the law would be interpreted and enforced, FLSA-related litigation spiked. And business groups and lawyers on both sides believe the country may be poised for a similar jump in FLSA court activity.