News from August 2023
National Shooting Sports Foundation lawsuit: Firearm liability law is unconstitutional, preempted by Lawful Commerce in Arms legislation
The National Shooting Sports Foundations Inc. (NSSF) is suing Illinois Attorney General Kwame Raoul in response to House Bill 218 signed by Gov. J.B. Pritkzer on Aug. 12, which “radically expands liability in Illinois for members of the firearm industry - and them alone.”
Appeals panel: Courts should place 'heavy thumb on scale' to let defendants make 'copyright trolls' pay
The U.S. Seventh Circuit Court of Appeals said a federal judge erred in denying the Cremation Society of Illinois' request that Live Face on Web pay its attorneys' fees after the Cremation Society prevailed in court
How Not to Lose $1m: Preparing for Hhs-oig Info Blocking Enforcement on August 15, 2023
The US Department of Health and Human Services Office of Inspector General (HHS-OIG) issued a final rule to implement its authority under the 21st Century Cures Act to investigate allegations of information blocking and assess civil monetary penalties for violations.
Polsinelli Grows Private Equity M&A Practice With New Shareholder Raymond Jacobi
Am Law 100 firm Polsinelli has welcomed Raymond J. Jacobi III as a new shareholder to the firm’s Private Equity M&A Practice and in the Chicago office.
IL Supreme Court upholds 'assault weapons' ban; Decision does not address 2nd Amend claims
In seeming 4-3 decision, court's majority says gun ban doesn't violate equal protection rights. Dissents divided, as Pritzker-backed justice says the law wrongly allows cops to keep gun rights, and conservatives say lawmakers unconstitutionally OK'd the law
Class action over Kraft Heinz merger heading to $450M settlement; Lawyers want $90M
The settlement would resolve complaints from investors who assert they lost billions of dollars following the Kraft-Heinz merger in 2015.
Lawsuit: Dolton mayor accused of withholding liquor licenses over campaign donations to mayor
The lawsuit from video gaming chain Lacey's Place says scandal-plagued Dolton Mayor Tiffany Henyard is using a "tax audit" as cover for a scheme to withhold liquor license renewals from companies that did not donate to her campaign
Judge ends ex-Palatine HS teacher's suit vs activist she claims got her fired over anti-BLM statements
A Cook County judge said Township High School District 211 fired the teacher for "her own conduct," so she can't sue the activist and current D211 board member she says targeted her for posting comments on Facebook critical of anti-racism protests in 2020
Workers' comp law blocks mother's try to sue Arby's restaurant owner over son's on-the-job murder
A state appeals court said the mother didn't present enough evidence to back her claims the incident in which a co-worker stabbed her son to death while working the drive thru late night shift was not work related
The Meat & Potatoes of Importing/Exporting Agricultural Products on August 10, 2023
Our Bite-Sized Legal food webinar series is just the thing to satisfy your appetite. S
BFKN Partners Named in the 2023 Benchmark Litigation 40 & Under List
BFKN proudly announces that six partners have been named to the 2023 Benchmark Litigation 40 & Under List. As a testament to their exceptional skills and dedication, several attorneys have earned this prestigious recognition for the sixth consecutive year, showcasing their outstanding contributions in the legal landscape across the U.S. and Canada.
IL Supreme Court denies BIPA rehearing; Overstreet dissents, calling 'excessive' liability an 'absurd result' of the law
EAST ST. LOUIS – North Carolina software provider Center Edge settled a biometric privacy suit for an amount beyond its insurance coverage in anticipation of a Supreme Court decision that has made the position of biometric defendants even worse, and the Illinois Supreme Court denied a rehearing on the issue.
Appeals panel nixes class action vs state of IL over ignored unemployment applications in 2020
Workers say the Illinois Department of Employment Security didn't respond to their claims as required by law, allegedly to pad the agency's assertions that it wasn't overwhelemed at the onset of the shutdowns ordered by Gov. JB Pritzker. Judges said their claims belong as individual state court actions
Healthcare M&a and New Ftc and Doj Merger Guidelines: What’s Next for Your Transactions? on August 9, 2023
The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of inflation, a difficult capital market cycle and overall challenging operating environment.
Gov. JB Pritzker’s new assault on free speech
Illinois Gov. JB Pritzker says he believes the state has the power to "prosecute people" for speech about abortion, if the state of Illinois determines that otherwise constitutionally-protected speech is "deceptive."
UPS Store can face class action for allegedly overcharging customers for notary services
A state appeals panel revived claims UPS Store conspired with its franchisees to sidestep $1 limit set by state law for notary fee
Appeals panel says Champaign hospital entitled to property tax exemptions, refund
The Carle Foundation has stood at the center of a years-long court battle over whether hospital tax exemptions were constitutional.
Reed Smith represents Prairie Capital on sale of Right at School
Global law firm Reed Smith has advised Prairie Capital, a Chicago-based middle market private equity firm, on the sale of Right at School, a Prairie Capital VI portfolio company to a larger private equity fund.
'Stupid and unconstitutional:' Raoul blocked by federal judge from enforcing IL abortion 'misinformation' law
A Rockford federal judge granted a preliminary injunction sought by pro-life groups and so-called crisis pregnancy centers, who said Illinois, under Gov. JB Pritkzer and Attorney General Kwame Raoul, was attempting to use the new law to silence abortion opponents unconstitutionally
Wisconsin governor can't win sanctions from attorneys working for Trump to overturn 2020 results
Appeals panel said request to punish lawyers was filed too late, after parties dropped their claims