News from June 2017
IL Supreme Court: IL constitution doesn't expand protesters' assembly rights beyond First Amendment
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.
Cook Co. judge wrong to refuse transfer of asbestos case with no links to Cook
A state appeals panel has overruled a Cook County judge who had refused to transfer to Winnebago County an asbestos exposure case involving a plaintiff who had worked at industrial facilities in Winnebago, and couldn't say for sure he had even been exposed to asbestos in Cook County at all.
Appeals panel: Social service agencies can't be paid without state appropriations
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.
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Supreme Court ruling against racial gerrymandering could have national impact, though perhaps less in IL
The U.S. Supreme Court's ruling last month against alleged racial gerrymandering in North Carolina could impact congressional and state legislative elections nationwide.
Guardian claims New Horizon allowed student to ingest rubber gloves
A guardian is suing New Horizon Center for Children and Adults with Developmental Disabilities and Autism, alleging the facility failed to properly supervise a student at the school.
Glenview Terrace allegedly failed to prevent former resident's bedsores
A widower is suing Glenview Terrace Nursing Center, ITEX/AK Care Company, and JLR Financial Services Corp., alleging insufficient measures were taken to prevent a former patient's skin condition
Suit alleges Park Ridge dentist negligent in leaving periodontal disease untreated
A family is suing dentist Gerald A. Westphal, alleging he failed to diagnose a patient's mouth disease.
Parents say New Beginning Day Care was negligent for daughter's burns from coffee
The parents of a minor are suing New Beginning Day Care Center Inc. and two employees, alleging their daughter was burned while in their care.
Home Depot: Class action over size of 2x4s, other lumber, lacks foundation, should be tossed
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.
School districts sue the state, demanding money, but history says chances of lawsuit success not high
Amid the state of Illinois' sustained budget woes, school districts in Chicago and elsewhere in the state have lined up to ask courts to intervene on their behalf and order the state to pay what they assert is its proper share of education funding.
But history has indicated such lawsuits have limited chances of success.
Woman claims Presence Medical, Walgreens were negligent in prescribing antibiotic
A woman is suing Maria S. Hernandez M.D., Presence Medical Group and Walgreen Co., alleging they were negligent for prescribing and providing medication that harmed her.
Dentist allegedly failed to properly give man implants, causing injury
An individual is suing Jolanta Zakrezewska D.D.S., claiming the dentist caused injury while giving him dental implants.
Man alleges Briar Place Nursing doctors failed to treat elbow infection
A man is suing Dr. Robert J. Groya, Dr. Dilip Shah and Dr. Vladimir Urbin, alleging negligence for failing to treat an infection.
Woman claims Warren Barr South Loop failed to properly care for her
A patient is suing Warren Barr South Loop, alleging negligence.
Suit says Rush University Medical, doctors responsible for patient's death during surgery
The family member of a person who died during surgery is suing Rush University Medical Center, Rush University Surgeons; Pulmonary Critical Care Medicine; Rush University Critical Care Specialists; and five doctors, alleging negligence.
Neomedica sued for negligence over former resident's injuries caused by fall
A family member is suing Fresenius Medical Care Neomedica South Shore, alleging negligence and insufficient measures taken to prevent a former resident's falls.
Judge: No right to make broadcasters pay for airing pre-1972 songs
A federal judge in Chicago scuttled a class action over music royalties, saying no law allows a couple who otherwise own the rights to many chart-topping tunes from the 1950s and ‘60s to exact payment from broadcasters who play their songs.
Judge bounces USAA negligence suit vs payday lender over multi-million-dollar check-cashing fraud
A federal judge has dismissed a suit by USAA against an Illinois payday loan service alleging that it was responsible for over $3 million USAA lost in a fraudulent check-cashing scheme by third parties.
Label or Liability: Case law could lead to short shelf life for $3M Paxil 'innovator liability' verdict
A Chicago federal jury shocked many observers by ordering drugmaker GlaxoSmithKline to pay $3 million to the widow of lawyer Stewart Dolin, who committed suicide in 2010 after taking a generic version of GSK's antidepressant Paxil. But legal observers believe the decision may have a short shelf life, as it could defy decades of case law on the concept of innovator liability.
Tinley Park seeks to dismiss federal discrimination lawsuit over low-income housing project
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.