News from January 2017
Lawyers behind NCAA concussion settlement request combined $21M in fees
Laywers behind the nationwide concussion class action lawsuit against the NCAA, which resulted in a $70 million settlement to improve “medical monitoring” of college athletes at risk of brain injuries, have now asked a Chicago federal judge to award them attorney fees of $15 million. And attorneys with Edelson P.C., who represented an objector to the initial settlement and claims their work added $50 million to the settlement, has requested the court order an additional $6 million in fees.
Appeals court: Cook Circuit Clerk misinterpreted state law, can be sued for wrongly collecting fees
The Cook County Circuit Clerk’s office has misinterpreted a state law allowing it to collect fees from people filing certain motions in court, a state appeals court has said, clearing the way for a Chicago man and his attorney to pursue their lawsuit to secure a court order forcing the clerk’s office to stop demanding the money.
Ex-Wrigley rooftop owner among four lawyers disbarred, eight suspended in Illinois in January
A lawyer and businessman who formerly owned the Skybox on Sheffield rooftop club overlooking Wrigley Field has been disbarred just days after he was sentenced to 18 months in prison for allegedly concealing more than $1 million in revenue. Marc Hamid was one of four Illinois attorneys disbarred by the Illinois Supreme Court in January; eight others were suspended.
Anti-abortion plaintiffs get half a loaf, press for more in Chicago clinic "bubble zone" fight
Anti-abortion activists say they are pleased a federal judge has recognized what they called consistently biased treatment at the hands of Chicago Police enforcing the city's so-called abortion clinic "bubble zone" rules, but they said they intend to appeal the judge's findings that the ordinance is constitutional.
Ex-Jewel-Osco store managers sue for age discrimination, allege company set them up to fail
Four former Jewel Osco store managers, each between 59-61 years old, have sued the Chicago area supermarket chain for age discrimination, claiming they were set up to fail and replaced for being too old.
Lincolnshire will appeal decision that tossed its right-to-work ordinance
The village of Lincolnshire will appeal the ruling of a trial court that tossed out the city’s right-to-work ordinance.
Appeals court: Lawsuit vs Megabus over 2014 Indiana crash to stay in Cook County, not Hoosier state
A Chicago appeals panel has affirmed a lower court ruling that blocked a request by nationwide transportation company Megabus, and other defendants in a traffic crash injury suit, to shift the case from Cook County to rural Indiana, where the crash occurred, because of convenience.
Commodity futures brokerage can sue ex-lawyer for bad advice, despite faulty summons: Appeals court
A Cook County judge was wrong to dismiss a $496,000 legal malpractice case a commodity futures brokerage had lodged against its ex-lawyer, simply because its initial attempt to serve the lawyer with a summons failed, a state appeals court has ruled.
Class action: Zoomer food delivery service broke US phone law by sending texts to hawk app
Zoomer, a company which provides third-party “independent contractor” drivers to pick up and deliver take-out meals on behalf of restaurants, is facing a class action complaint over text messages the company sent to restaurant customers to promote its delivery tracking smartphone app.
Federal appeals court: ADA accommodation rules don't rule out competition for jobs; SCOTUS could decide
A decision by the U.S. Eleventh Circuit Court of Appeals in Atlanta, Ga., says employers are not required by the Americans with Disabilities Act to surrender the search for the best qualified candidate for a job when considering a disability accommodation job transfer request from a disabled employee.
American Bar Assn sues Dept of Ed over rewrite of student loan forgiveness program rules
The American Bar Association has sued the federal government, asking the court to order the Department of Education to reinstate a student loan forgiveness program, which the federal agency had rescinded and applied retroactively to lawyers and others who had worked in what they believed had qualified under the terms of the program as "public service" jobs at the ABA and other non-profit membership organizations after graduating college.
IL Supreme Court mulls legality of hospital property tax exemptions; could await better test case
The Illinois Supreme Court could soon decide whether hospitals in Illinois should be allowed to avoid paying property taxes, or whether a state law used to grant them tax exemptions should be declared unconstitutional. Or the court could simply sidestep the matter for now, and instead await the arrival of a different case better suited for addressing the sticky legal questions.
$4.25M deal ends litigation vs Northern Trust over 'hundreds of millions' in losses for public pensions
A Chicago federal judge has signed off on a $4.25 million settlement to end years of litigation between financial investment firm Northern Trust Co. and a host of public worker retirement plans in Chicago and elsewhere in the U.S. over claims Northern Trust’s allegedly risky investment decisions had led to hundreds of millions of dollars in losses for the retirement programs when markets crashed at the onset of the Great Recession.
Supreme Court ruling throws Apple's $400M patent win into question, could impact other design patent litigation
In a unanimous decision last month, the U.S. Supreme Court took away Apple’s $400 million win in a lawsuit against Samsung, calling on the lower courts to reassess the damage award for violating a smartphone design patent.And this decision could have broader implications for other cases involving design patents for phones and other products, said a Chicago intellectual property attorney.
Attorney involved in Harris v Quinn: SEIU should repay fees 'illegally' collected from day care providers
Illinois-based home child care providers who paid "fair share" fees for almost nine years to a union they did not support will not get that money back following a lawsuit, after a federal judge who heard their case rejected the plaintiffs' argument the arrangement violated their constitutional rights and said the union can keep the money because it collected the money in "good faith."
EEOC settlement for ex-Costco worker harassed by customer could be 'wake-up call' for employers
The U.S. Equal Employment Opportunity Commission has won a settlement on behalf of a former Costco employee who alleged her employer had not done enough to protect her from a customer who allegedly stalked and harassed her while at work. And the decision should serve as a "wake-up call" for employers concerned about stepping on the toes of customers who may make their employees feel unsafe, said a Chicago employment lawyer.
Appeals panel: 'Political' lawsuit vs 2011 Pawar aldermanic opponent costs 47th Ward businessmen $52K
A Chicago appellate panel has affirmed a lower court ruling that two North Side businessmen must pay the legal costs incurred by a failed aldermanic candidate while fighting their defamation lawsuit, because the suit was “politically motivated.”
Cook County judge: No new trial, $52M medmal verdict stands vs U of Chicago Medical Center
A Cook County judge has upheld most of a jury’s $53 million medical malpractice verdict awarded to the family of a boy born with cerebral palsy and an intellectual disability, and rejected an attempt by the University of Chicago Medical Center to secure a new trial to reduce or undo most of what is considered the largest malpractice verdict ever awarded in Cook County.
North Riverside mayor laments ruling in fire, police pension case
The mayor of a small suburban community west of Chicago thinks the village was unfairly “singled out” for underfunding police and fire pensions in the years during the recession when revenue was low.
Bensenville homeowners, Chicago skirmish in Cook court over right to sue City Hall for O'Hare air traffic
The legal dogfight between the city of Chicago and dozens of Bensenville homeowners, who say air traffic from O'Hare's busy new runway has demolished their quality of life, has returned to Cook County court, where attorneys for City Hall and the homeowners are now skirmishing over the question of precisely when the homeowners’ problems began.