News from January 2018
Mom's T-Mobile contract terms can't force arbitration for son's class action vs Subway over text message ad
A federal appeals panel has reactivated a man’s class action lawsuit against sandwich seller Subway, saying the restaurant chain can’t invoke T-Mobile’s contract to force to arbitration the man’s claims Subway broke federal telecommunications law by sending text messages to T-Mobile users advertising “T-Mobile Tuesday” sandwich deals.
Hooters: Server, other workers suffered no real harm from scanning fingerprints to track work hours
Hooters has asked a Cook County judge to toss a lawsuit alleging it violated a state privacy law by requiring employees to scan their fingerprints to use when punching in and out of work shifts, though the restaurant chain now faces a similar accusation from another lawsuit.
New EEOC sexual harassment guidelines due this year are needed to provide clarity, attorneys say
New federal sexual harassment guidelines coming from the U.S. Equal Employment Opportunity Commission before the end of this year had been planned before a recent spate of media publicity over alleged sexual abuse cases, including some involving celebrities.
Advocate Trinity Hospital allegedly failed to properly transport patient through hospital
A woman is suing Advocate Trinity Hospital, Advocate Health Partners and Anointed Health Partners for allegedly taking insufficient measures to prevent injuries.
Brotschul Potts LLC, others accused of legal malpractice
A man and his company are suing Chris Fotopoulos, John Ryan Potts, Matthew B. Brotschul and Brotschul Potts LLC for alleged legal malpractice.
Woman says Samsung Galaxy 6 Edge phone burned her face
A woman is suing Samsung Electronics America Inc. for alleged liability, negligence and product liability.
Adcare Health Systems Inc. accused of breach of contract
Allscripts is suing Adcare Health Systems Inc. for alleged breach of contract.
Regency Rehabilitation Center LLC allegedly failed to prevent woman from falling
A woman is suing Regency Rehabilitation Center LLC for allegedly taking insufficient measures to prevent injuries.
Greenberg Traurig, Arnstein & Lehr others allegedly failed to properly defend company in patent case
A company is suing Greenberg Traurig LLP, Arnstein & Lehr LLP and David L. Newman for alleged breach of contract, breach of duty and negligence.
Franchisee can't sue KFC for restricting marketing of halal fried chicken at Chicago area restaurants
KFC will be allowed to tell a Muslim Chicago area franchisee he is not allowed to advertise the use of halal chicken at his Chicago area restaurants, after a federal judge ruled the fast food chain’s franchise agreements can give the mother brand the power to restrict restaurant owners’ advertising decisions.
Usual Suspects: Lawyers used to getting their way in MDL process to lead opioid litigation
CLEVELAND (Legal Newsline) - There will be a lot of familiar faces in U.S. District Judge Dan Polster’s courtroom in Cleveland on Jan. 31, when lawyers gather for a hearing on multidistrict litigation against the nation’s opioid manufacturers and distributors.
Coalition opposed to Jackson Park Obama Center asks court to compel release of city communications
A group opposed to the current plans to build the Obama Presidential Center in Chicago’s Jackson Park have asked a court to order the city and park district to make public communications among the various players in the project.
Illinois courts review hospital tax exemptions, with millions in tax revenue, viability in the balance
Illinois courts are wrestling with the idea of which hospital networks and major healthcare provider groups should pay property taxes - and a lot of revenue potentially hangs in the balance, perhaps jeopardizing the ability of hospitals, particularly in rural areas, to maintain service levels, some observers say.
Kindred Chicago Lakeshore allegedly collected scans of employees' fingerprints without consent
An employee has filed a class action lawsuit against Kindred Chicago Lakeshore alleging the hospital violated a state privacy law by compelling employees to scan their fingerprints for use with an employee punch clock, without first obtaining written consent.
Bud's Ambulance allegedly charged individual for copies of medical records
A man has filed a class action lawsuit against Bud's Ambulance for alleged fraud, unjust enrichment and violation of federal law.
St. Bernard Hospital, others allegedly compelled employees to scan fingerprints without consent
A worker has filed a class action lawsuit against St. Bernard Hospital, St. Bernard Health Network and the St. Bernard Foundation, alleging the hospital and its affiliated entities violated a state privacy law by compelling employees to scan their fingerprints for use with an employee punch clock, without first obtaining written consent.
Burr Ridge trucking firm sues ex-lawyers, saying missteps cost millions in Texas motorcycle crash verdict
A Burr Ridge-based trucking company has sued its ex-lawyers for malpractice, asserting they should pay for allegedly mishandling the trucking firm’s defense in a personal injury lawsuit in Texas, resulting in a jury order to pay $32 million.
Illinois Supreme Court mulling who gets consolidated opioid cases – Cook Co. or Springfield judge
SPRINGFIELD – Supreme Court Justices must decide whether suits that counties continue filing against opioid manufacturers belong with a judge from Cook County or a judge from Springfield.
Judge cites SCOTUS' Bristol-Myers decision to gut class action over Body Fortress dietary supplement
A Chicago federal judge has relied on the U.S. Supreme Court's recent Bristol Myers Squibb decision to gut a suit against the makers of a dietary supplement, who allegedly made bogus claims about its effectiveness, saying non-Illinois claimants can't participate in a suit in Illinois.
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Pressure off for now on businesses worried about BIPA class actions, attorney says
Illinois employers anxious to not get caught in a dragnet of state Biometric Information Privacy Act (BIPA) class actions may be able to breathe easier - for now - after a state appeals court ruling in December.