Latest News

Appeals panel: $10M arbitrator’s class award invalid; Arbitration should have involved 1, not 175 employees

By Dan Churney | Oct 25, 2018

A Chicago federal appellate court has struck down a $10 million arbitration award to loan officers in a class action against Waterstone Mortgage, which alleged the company shorted officers on overtime pay, saying arbitration should only have involved the plaintiff, not another 174 employees who joined the action.

Kavanaugh assigned to review appeals from Seventh Circuit; Remains to be seen how will affect courts

By Carrie Bradon | Oct 25, 2018

Justice Brett Kavanaugh has been assigned to review appeals from the U.S. Seventh Circuit Court of Appeals in Chicago, replacing Justice Elena Kagan in that task. However, the change may not ultimately mean much.

Springfield judge overstepped in OKing landowners' challenge to Ameren power line eminent domain cases: IL Sup Ct

By Dan Churney | Oct 24, 2018

The Supreme Court of Illinois has unanimously yanked the plug on a downstate court’s ruling that found the Illinois Commerce Commission breached due process by not notifying landowners their properties were in the path of proposed power lines, saying the lower court overstepped its authority, although two justices disagreed with the majority’s reasoning, calling it a “threat to individual rights.”

Chicago didn't violate woman's rights by waiting 6 months to fine for high weeds, appeals panel says

By Dan Churney | Oct 22, 2018

A federal appeals panel has upheld a lower court’s ruling Chicago ordinance inspectors did not violate a woman’s right to due process by waiting six months after an inspection to cite her for allegedly having overgrown weeds, saying that period was not excessive and she got her due process at her administrative hearing.

IL Supreme Court: Vitamin distributor could yet be on hook for $9M judgment vs possibly insolvent manufacturer

By Scott Holland | Oct 22, 2018

A U.S. distributor and seller of Chinese-made vitamin supplements could still be on the hook for a $9 million default judgment originally entered against the potentially insolvent foreign company that made the vitamins, after the Illinois Supreme Court said state law and policy goals make it possible to hang such damages on others in a product’s manufacture and sale chain.

Class action vs YMCA over evictions thwarted by missing agreement for man participating in Chicago city program

By Scott Holland | Oct 19, 2018

A man who participated in a Chicago city program for the homeless failed to prove he was a YMCA tenant under Chicago’s landlord ordinance, losing the opportunity to continue a class action suit against the Y over evictions, a state appeals panel has ruled.

Customers should read insurance policies, not wait to sue til denied coverage: IL Supreme Court

By Jonathan Bilyk | Oct 19, 2018

Saying customers have an obligation to read and understand the terms of their insurance policies, the Illinois state Supreme Court has rejected the try by a couple to make their American Family Insurance agent pay for providing them with a policy that didn’t protect them against a defamation lawsuit, even though they had specifically asked the agent to obtain that coverage for them.

Appeals panel: Taxpayers' rights not violated by county assessments raising property taxes in only one township

By Scott Holland | Oct 12, 2018

A federal appeals panel has shelved an attempt by a group of downstate landowners to sue their county for setting property tax bills after only reassessing the properties in their township, effectively raising their tax bills by 25 percent, allegedly violating their constitutional rights to equal protection.

Appeals court: Homeowners can't use annexation agreement to sue Tinley Park over drainage woes

By Cook County Record | Oct 9, 2018

Homeowners in Tinley Park have lost another round in their bid to hold the village of Tinley Park responsible for water drainage issues at their house, despite an annexation agreement that required a developer to install storm sewer drains years ago the homeowners assert would have solved their water issues.

Abbott Labs can't move out-of-state plaintiffs' Depakote effects lawsuits out of Cook County: Appeals panel

By DM Herra | Oct 4, 2018

Abbott Labs can't move out-of-state plaintiffs' Depakote effects lawsuits out of Cook County: Appeals panel

Appeals court: Night club not on hook for man's brain injury allegedly caused by bouncer opening door

By Charmaine Little | Oct 3, 2018

A state appeals court has upheld the dismissal of a lawsuit that attempted to make a night club in suburban Burbank pay for the injuries suffered by a man who was struck by an outward opening door on New Year's Eve 2012, saying the man should have recognized the danger of standing in front of the door when the club had posted a sign denying reentry to anyone outside.

Judge: Menard's, retailers not expected to always keep parking lot in 'perfect condition' to avoid trip-and-falls

By John Breslin | Oct 2, 2018

Home improvement retail chain Menard's cannot be held liable for an injury allegedly suffered by a woman who tripped over a crack in the parking lot of one of its northwest suburban stores, a federal judge has ruled, saying the retailer cannot be expected to keep its parking lot in "perfect condition at every moment."

Appeals panel: Cook County judge wrong to toss class action vs LA Tan franchisee over customer finger scans

By Scott Holland | Oct 2, 2018

A state appeals panel has reversed a Cook County judge’s dismissal of a class action complaint accusing an LA Tan franchisee of violating an Illinois privacy law for the way it scanned and stored digital scans of customers’ fingerprints, saying the business’ disclosure of those fingerprints to a third-party vendor could be enough of a violation to sustain the lawsuit.

Appeals panel: Chicago not liable for man's fall after stepping out of cab on crumbling curb

By John Breslin | Oct 1, 2018

A man injured after stepping on a crumbled curb following his exit from a cab has no claim against the city of Chicago, a state appeals court has ruled.

Appeals judges: Lincolnshire, other towns can't create right-to-work zones, despite home rule powers

By Jonathan Bilyk | Oct 1, 2018

Saying to find otherwise would create “catastrophic” consequences for labor law in Illinois and across the country, a federal appeals panel has backed a federal judge’s decision to toss an attempt by a northwest suburban village to use its home rule powers to create a local right-to-work zone within its borders.

Cook County OK to restrict campaign cash from lawyers, others seeking 'official action,' appeals court says

By Jonathan Bilyk | Sep 25, 2018

A state appellate court has again ruled Cook County has the power to make ethics rules that apply to county officers, including the Cook County Assessor, this time finding the County Board did not overstep in prohibiting real estate lawyers and otheers from contributing to the campaign coffers of county officials when they are seeking “official action” from the county.

Appeals court: Office Depot commission policies don't negate obligation to pay workers within month

By Cook County Record | Sep 24, 2018

Businesses who employ commissioned sales representatives may need to reevaluate their policies for paying commissions, after appeals judges said company policies don't trump Illinois law requiring employers to promptly pay commissioned sales reps.

Federal appeals court won’t review its decision to toss $3M verdict v. GSK; Plaintiff: ‘Dangerous precedent’

By Dan Churney | Sep 24, 2018

A Chicago federal appellate court has refused to reexamine its decision last month that reversed a $3 million verdict against drugmaker GlaxoSmithKline, on grounds the company was not responsible for the labeling of the generic version of its product Paxil, despite plaintiff’s urging a rehearing was needed, because she said the appeals panel set a “dangerous precedent.”

Lawyer can't get fees plus settlement cut in pro se action vs My Pillow over unpaid sales taxes: IL Sup Ct

By Scott Holland | Sep 21, 2018

The Illinois Supreme Court ruled an attorney collecting a settlement award from a lawsuit he pressed in his own name, ostensibly on behalf of the state of Illinois, against a business over alleged unpaid sales taxes, isn’t entitled also to collect additional legal fees.

IL Supreme Court: State law granting hospitals property tax exemption constitutional

By Jonathan Bilyk | Sep 20, 2018

Hospitals in Illinois have secured a key win in a longrunning court fight over whether they should be required to pay property taxes, as the Illinois Supreme Court has upheld as constitutional a state law allowing hospitals to remain tax exempt.

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