Latest News

Appeals panel: Federal judge wrong to deny Boeing military contractor defense in asbestos suit

By Dan Churney | Dec 17, 2018

A Chicago federal appeals court has overridden a downstate federal judge, who sent an ex-Boeing worker’s asbestos suit against the company back to state court, saying the case belongs under federal jurisdiction because Boeing claims the federal government was in control of its bomber production and knew the danger of asbestos was involved.

Appeals court junks $10.7 million verdict in water heater-scalding suit

By Dan Churney | Dec 14, 2018

An Illinois appeals panel has overturned a Cook County jury’s $10.7 million verdict against a water heater manufacturer, which found the company was liable for a baby’s scalding death, saying the trial judge improperly excluded evidence that would have aided the manufacturer’s defense.

Appellate panel: Bank can pursue malpractice case vs lawyers who 'lulled' into letting time limits expire

By Dan Churney | Dec 13, 2018

A Chicago appeals panel has upended a Cook County judge’s ruling in a legal malpractice suit, saying it was not too late for a bank to sue its attorneys for allegedly bungling foreclosures, because the attorneys “lulled” the bank into appealing the foreclosures, during which the statute of limitations for malpractice actions expired.

Man beaten on E. St. Louis train platform's stairs can sue transit agency; No tort immunity: Appeals panel

By Scott Holland | Dec 11, 2018

A downstate appeals court determined a St. Louis area transit agency can’t shield itself from a lawsuit brought by a man who was beaten on a train platform’s staircase on his way to board a train.

Appellate court: IL property tax appeals board wrong to reject East Peoria challenge of casino tax assessment

By John Sammon | Dec 11, 2018

A state appeals court will allow the city of East Peoria another crack at overturning a tax board's decision to cut the property tax assessment for the Par-a-Dice hotel and casino.

Appeals court: Containerboard buyers didn’t prove makers Georgia Pacific, Westrock fixed prices

By Dan Churney | Dec 10, 2018

A Chicago federal appeals panel has upheld a lower court ruling that boarded up a class action antitrust suit against Georgia Pacific and Westrock, which alleged they conspired to fix prices for containerboard. Judges again found the companies were not colluding, but rather making parallel moves in reaction to the market.

Court: 'Poorly written' policy means State Farm on hook for $4M for 'stacked' fleet vehicle coverage

By John Sammon | Dec 7, 2018

A state appeals court has ruled a man injured in a car accident could claim up to $4 million in underinsured motorist coverage under his employer's policy, rather than $250,000, because his employer maintained a fleet of 16 vehicles, and the total policy should include the full fleet, not just one car at a time, because the policy was "poorly written" and "ambiguous."

Appeals panel: Despite Janus decision, still no class actions vs unions over illegally collected fees

By Jonathan Bilyk | Dec 7, 2018

A federal appeals panel in Chicago has again rejected an attempt by a group of home caregivers to bring a class action lawsuit against the labor union they say used an Illinois state law to unconstitutionally grab $32 million in fees from their pay, as the judges said the decision holds up even when reevaluated in light of a recent Supreme Court decision further restricting unions’ abilities to force non-union public workers to pay such fees.

Appeals court reopens question of whether Indiana merchant can ship wine to Illinois customers

By D.M. Herra | Dec 7, 2018

Anticipating an appetite at the U.S. Supreme Court to upend state laws favoring in-state liquor sellers, a federal appeals panel in Chicago has given an Indiana wine seller another chance to argue Illinois’ law blocking them from shipping wine to Illinois residents violates constitutional interstate commerce protections.

IL appellate decision vs attorneys in class action 'pro objectors' case 'so damaging,' attorney says

By John Sammon | Dec 5, 2018

An attorney whose practice focuses on helping defend complex class action lawsuits said the rise of class action objectors milking the litigation system for quick payoffs has become a thorn in the side of businesses and attorneys attempting to settle lawsuits.

State high court says governor can fire Prisoner Review Board members without judicial scrutiny

By Dan Churney | Dec 5, 2018

The Illinois Supreme Court has upheld an appellate court’s ruling that Gov. Bruce Rauner’s decision to fire an Illinois Prisoner Review Board member, for alleged discrepancies in financial documents, can’t be undone by the courts.

Appeals court: Palatine grad’s motion for locker room access rendered moot by graduation

By D.M. Herra | Dec 3, 2018

A transgender former student who sued over access to Palatine High School’s girls’ locker room saw an appeal dismissed last week when an appellate panel said she could not continue to press for an injunction forcing the school district to grant access, when she had already graduated.

IL Supreme Court: Government workers can accrue pension benefits even if working for union while on leave

By Scott Holland | Nov 30, 2018

The Illinois Supreme Court has ruled the state can’t stop labor union members from accruing state pension benefits while working for private unions, if those benefits are promised under a contract.

Federal appeals judges: 'Politics in politics' did not violate rights of GOP state senator who challenged Rauner

By Scott Holland | Nov 28, 2018

The U.S. Seventh Circuit Court of Appeals determined Illinois Senate Republican leaders didn’t violate a caucus member’s rights by stripping him of duties after he mounted a third-party gubernatorial challenge.

Appeals panel orders hearing on 'pro objectors' Bandas, Thut, attempt to secure payoff from Edelson class action

By Jonathan Bilyk | Nov 27, 2018

Two lawyers, described as “professional objectors” to class action settlements, will need to face a hearing and perhaps state disciplinary action, over their alleged attempt to secure a payoff, as a state appeals panel said they had essentially hidden behind a narrow interpretation of a court rule to deflect attempts to sanction them for taking “advantage of a situation described as ‘murky’ and with ‘unpredictable’ or ‘sporadic’ enforcement” to win potentially hundreds of thousands of dollars at a time from other lawyers seeking to close the deal on their own million dollar paydays.

Appeals court: Woman failed to prove fall on icy stairs caused by Chicago apartment building's faulty gutters

By John Breslin | Nov 26, 2018

A woman who claimed her fall on the back steps of an apartment building was caused by an unnatural accumulation of ice has failed in her appeal to overturn a judge's decision in favor of the building owners.

Appeals panel: State OK to fine attorney who acted as lawyer, real estate agent on same property sale

By Scott Holland | Nov 23, 2018

A state appeals court said a Lake County judge erred in overruling an Illinois Department of Financial and Professional Regulation finding that a lawyer was wrong to act as both real estate agent and attorney in a single transaction.

IL Supreme Court questions whether mom must prove 'harm' to sue over teen's Six Flags fingerprint scan

By Jonathan Bilyk | Nov 20, 2018

Illinois Supreme Court justices appeared to take a dim view of assertions by a lawyer for Six Flags that a mother can't sue the theme park operator after the company required him to scan his fingerprints to use his park season pass, even though she had not provided consent.

Rush-Copley Medical Center not liable for doctor's delayed treatment of woman's kidney stone, appeals court rules

By Karen Kidd | Nov 16, 2018

An Aurora hospital remains not liable in a doctor's decision to wait until the following day to remove a woman's kidney, prolonging her pain and causing serious injuries, a three-justice state appeals court panel has ruled.

Annexation agreement controls whether Palos Park business can operate in residential area: Appeals panel

By Gabriel Neves | Nov 16, 2018

An appellate court has reversed a judgment that barred two businesses from operating in Palos Park, saying a neighbor can't apply rules to the businesses that weren't in place at the time they agreed to annex their land into the southwest suburban village.

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