Latest News

ComEd loses bid to bar local utilities from selling credits on renewable energy market

By Scott Holland | May 3, 2019

A state appellate panel said ComEd can’t block local utilities from participating in the renewable energy credit market, affirming an Illinois Commerce Commission ruling.

Builders Bank's appeal of FDIC rating deemed waste of 'a judge's valuable time'

By D.M. Herra | May 2, 2019

A federal appeals panel has denied a former bank’s attempt to sue the Federal Deposit Insurance Corp. and upbraided the plaintiffs for legal maneuvering that "wasted a judge’s valuable time.”

Appeals court: Ex-Baker & McKenzie paralegal must pay firm's bill for discrimination suit defense

By Dan Churney | May 1, 2019

A Chicago federal appellate court has upheld a $35,000 sanction ordered by a lower court against a former paralegal at a Chicago law firm, who sued the firm for alleged discrimination, then withdrew the suit and then repeatedly refused to satisfy the firm's discovery requests for copies of records and emails.

Appeals panel decides Chicago surgical center wanted malpractice trial, can't sue insurer for $1.3M

By Dan Churney | Apr 30, 2019

A Chicago federal appeals court says a Chicago surgical center is just as responsible as its insurer for the decision to take a medical malpractice case to trial rather than settle, meaning it can't now sue the insurer over the decision, which cost the surgical center $1.3 million.

Appeals panel: Widow doesn't get to collect $60K insurance for man who hanged himself while masturbating

By Jonathan Bilyk | Apr 29, 2019

The widow of a man who died when he allegedly accidentally hanged himself when an apparent act of autoerotic asphyxiation went wrong, should not be able to collect an additional $60,000 in insurance coverage from his death, a federal appeals panel has ruled.

Seventh Circuit tosses suit over inflatable beach mat, chides plaintiffs for 'luring' defendants into IL court

By Dan Churney | Apr 26, 2019

A Chicago federal appeals panel has deflated a lawsuit by the designers of an inflatable beach mat, who alleged two companies rooked them out of royalties, finding the case does not belong in an Illinois federal court, because the out-of-state companies do not have any substantial presence in Illinois.

IL appeals court warns Lake County property owners their Truth in Taxation complaint borders on frivolous

By D.M. Herra | Apr 26, 2019

A group of Lake County property owners who lost a tax-objection complaint found no relief from a state appellate court, which warned the appeal was meritless and bordered on the frivolous.

Retailers can continue suit vs Home Depot on behalf of IL over alleged failure to pay tax on appliance installs

By Scott Holland | Apr 26, 2019

A state appeals panel has ruled that the owners of an appliance store may continue their lawsuit against Home Depot, on behalf of the state, over claims the chain did not collect sales tax it should’ve charged for appliance installations.

Panel: Asbestos exposure over 30-plus years at multiple factories isn't just one insurable occurence

By Scott Holland | Apr 25, 2019

A state appeals court has determined an insurer can’t treat thousands of claims related to asbestos against one business as a single occurrence for the purposes of policy coverage, a decision that significantly expands the amount of money potentially available to plaintiffs in a Cook County lawsuit.

Refusing to discuss disciplinary report with manager equates to misconduct to justify firing: Appeals panel

By Karen Kidd | Apr 25, 2019

A hospital employee's refusal to meet with a manager about a disciplinary report was misconduct justifying her managers' decision to fire her in 2017, an Illinois appeals court said in an April 17 ruling.

Illinois' Collective Bargaining Freedom Act not likely to see SCOTUS challenge, attorneys say

By Karen Kidd | Apr 23, 2019

A new Illinois law that bars municipalities from enacting local "right-to-work" rules probably will not get challenged before the U.S. Supreme Court, but a Chicago suburb's existing case still could, two attorneys said during a recent interview.

Sheriff Dart says he, not state's attorney, calls employees before disciplinary board, asks suit be tossed

By Dan Churney | Apr 22, 2019

Cook County's sheriff, who is facing a suit by a suspended county jail deputy, wants the suit dismissed on grounds it would be "illogical" for the state's attorney to take disciplinary action against a sheriff's employee.

Appeals panel: Background check service OK to report woman's 1996 battery guilty plea to landlord

By Scott Holland | Apr 19, 2019

The U.S. Seventh Circuit Court of Appeals upheld a ruling against a woman who was suing a background check service she said wrongly reported a past guilty plea to a prospective landlord, leaving her unable to rent an apartment.

IL Supreme Court reinstates restraining order on Melrose Park hospital closure; appeals court had thrown it out

By Jonathan Bilyk | Apr 18, 2019

The Illinois Supreme Court has reinstated, for now, a temporary restraining order on the closure of a Melrose Park hospital, after a state appeals panel had earlier ruled the restraining order had been granted wrongly, because the village of Melrose Park had no power under the law to request the action.

SCOTUS weighs competing briefs in widow's appeal in case vs GSK over suicide of lawyer taking generic Paxil

By Jonathan Bilyk | Apr 17, 2019

The U.S. Supreme Court is tackling the question of whether drug companies can be sued for not making their warning labels strong enough, even though the FDA controls the labels. But whether a forthcoming Supreme Court decision will affect a decision denying a $3 million judgment to the widow of a Chicago lawyer who committed suicide after taking the generic equivalent of Paxil remains unclear.

Appellate panel: Lake County judge wrong to rely on divorce decree from India, violated wife's rights

By Scott Holland | Apr 17, 2019

A state appeals panel has overturned a Lake County judge’s dismissal of a divorce petition, saying the judge wrongly accepted a divorce decree from India, issued under Muslim law, which the appellate justices said violated Illinois law and the wife's "fundamental rights."

Appeals panel: IL can deny concealed-carry permits to citizens of states with less stringent monitoring

By Dan Churney | Apr 16, 2019

In a 2-1 decision, a Chicago federal appeals court has upheld a lower court's ruling that said Illinois is within its rights to bar residents of most other states from seeking concealed gun permits in Illinois, on grounds those states do not make their gun-carrying citizens provide criminal and mental health information to databases Illinois can access and monitor.

Judge allows Facebook to ask appeals panel if hundreds of workers belong in OT pay class action

By Dan Churney | Apr 10, 2019

A Chicago federal judge has granted Facebook's request to allow a federal appeals panel to weigh in on whether the judge had properly allowed a group of 450 Facebook employees to move forward with a class action accusing the company of shorting them overtime pay, as Facebook asserts a large number of those worker pay disputes are barred by arbitration agreements.

Appeals panel: Lawsuit vs condo association wasn't frivolous; plaintiff shouldn't owe $111K legal fee sanctions

By Scott Holland | Apr 9, 2019

A state appeals panel reversed a Cook County judge’s dismissal of a lawsuit in which a man claimed his condo board retaliated against him for lodging complaints.

IL Supreme Court 'ducks,' leaves unanswered whether state constitution's balanced budget rules 'mean anything'

By Jonathan Bilyk | Apr 5, 2019

The Illinois Supreme Court’s recent refusal to hear a challenge to a state abortion funding law has raised questions over the court’s willingness to force the state legislature ever to abide by the balanced budget requirements spelled out in the state constitution and Illinois law.

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