Latest News

Attorney calls Supreme Court's Jevic structured dismissal reversal noteworthy

By Kyla Asbury | Aug 10, 2018

CHICAGO — The U.S. Supreme Court reversed a Third Circuit Court of Appeals "structured dismissal" ruling in a case in which former Jevic Holding Corp. truck drivers fought against being left out of a settlement in the company's Chapter 11 bankruptcy case, according to an article written by David Christian for The Circuit Rider.

Decision for Soldier Field lot operator SP Plus in woman's trip-and-fall suit overturned on appeal

By Chandra Lye | Aug 10, 2018

A state appeals panel overruled a Cook County judge, finding a woman may be allowed to continue with her personal injurylawsuit against the company that manages a parking lot near Soldier Field, as they said the Cook County judge may have erred in finding the low pole over which the woman allegedly tripped while leaving an event may not have been as open and obvious as the lower court judge believed.

Appeals court: Chicago can't be sued by runner who claimed was hurt because 606 Trail too narrow

By Cook County Record | Aug 10, 2018

An Illinois state appeals panel has upheld a Cook County judge's decision to dismiss a lawsuit brought against the city of Chicago and Chicago Park District by a woman who was struck by a bicyclist while running on the 606 Trail, and who argued the city should be held responsible because, she argued, the trail was too narrow to accommodate both bicycles and foot traffic.

Appeals panel upholds $500K verdict for butcher vs South Side grocer for sexual, racial harassment

By DM Herra | Aug 8, 2018

A federal appeals panel has upheld a lower court’s order requiring a Chicago grocery store to pay more than $500,000 to an African American former butcher who claimed he suffered severe racial and sexual harassment at the hands of his Hispanic coworkers.

IL high court: Cities can't sidestep lawsuits by simply calling property repairs 'discretionary'

By Dan Churney | Aug 6, 2018

The Illinois Supreme Court has reduced the reach of the legal shield long enjoyed under Illinois state law by cities and other public bodies when faced with personal injury lawsuits, as the high court indicated the rationale advanced by lower court judges in rejecting a woman’s lawsuit over the injuries she sustained tripping on a Danville sidewalk was overbroad.

Appeals panel: Objector earned $80K atty fees for getting Southwest passengers class two more free drinks each

By Scott Holland | Aug 6, 2018

A federal appeals panel has cleared an objector to claim attorney fees for his role in landing a class of eligible Southwest Airlines passengers two more free in-flight drinks, amid a long-running class action lawsuit over drink vouchers the airline formerly provided to passengers.

Appeals court affirms Crystal Lake can't fire police officer who released drunk driver from accident scene

By Charmaine Little | Aug 3, 2018

A state appeals panel has backed an arbitrator’s decision to reinstate a Crystal Lake police officer who was initially fired for allegedly allowing an allegedly intoxicated driver to leave the scene of an accident. The appeals panel, however, also upheld a McHenry County judge's denial of a union's request to impose sanctions on the city for the officer's termination, according to an opinion entered July 5 by the Illinois Second District Appellate Court.

Appeals panel: Attorneys didn't do enough to merit fees topping amount paid to plaintiffs in junk fax suit

By DM Herra | Aug 2, 2018

A federal appeals court rejected a request for attorney’s fees that exceeded the amount paid to claimants in a quickly settled lawsuit over faxed ads, as judges faulted the attempt by plaintiffs’ lawyers to lay claim to one-third of a potential settlement amount, rather than basing their fee request on the actual deal.

Appeals judges: Cook Forest Preserve's try to get horse ranch in foreclosure not unconstitutional seizure

By Scott Holland | Jul 27, 2018

The U.S. Seventh Circuit Court of Appeals dealt a blow to the owners of a horse ranch near Barrington in their property ownership battle with the Cook County Forest Preserve District, as judges said the Forest Preserve’s attempt to use the foreclosure process to acquire the land did not amount to an unconstitutional taking.

Appeals panel: $15M fees not too big for lawyers behind $76M Caribbean cruise telemarketing settlement

By Jonathan Bilyk | Jul 27, 2018

A federal appeals panel will allow a group of Chicago lawyers to keep their potential $15 million to $18 million payday for their work in securing a $76 million settlement from a cruise line and others accused of using nonprofit surveys to mask telemarketing calls, as judges said the size of the fee award doesn’t necessarily mean it is too large.

Appeals panel revives black workers' hostile work environment claims vs Advocate Christ Medical Center

By Cook County Record | Jul 26, 2018

A federal appeals panel has partially reversed a federal judge's order, which had granted a win to Advocate Christ Medical Center, against claims brought by a group of African American hospital workers who alleged they faced a hostile work environment.

Appeals panel: Sanctions mostly OK vs animal rights activist for revealing info about Doe defendant on Facebook

By Charmaine Little | Jul 20, 2018

A state appeals court has largely upheld a county court's decision to hold in contempt an animal rights activist for allegedly violating a court order to keep under wraps the identity of the owner of a so-called "puppy mill," but said the lower court judge needed to offer better instructions for how the activist could have the contempt sanctions lifted.

Appeals court: Sellers can't enforce covenant restrictions on land after selling to forest preserve district

By Dan Churney | Jul 18, 2018

An appeals panel has affirmed a lower court’s decision the sellers of land to a west suburban forest preserve district gave up their rights to enforce a covenant to block ComEd from stringing power lines across that land, when they granted the Illinois Department of Natural Resources power to override covenant restrictions.

Court: IL tax collectors can’t ‘jump the queue’ of creditors to collect unpaid taxes from bankrupt debtors

By DM Herra | Jul 12, 2018

Illinois state tax collectors cannot jump ahead of other creditors when collecting unpaid taxes from bankrupt estates, a federal appeals panel has ruled, rejecting the Illinois Department of Revenue’s attempt to collect delinquent taxes from two bankrupt businesses whose debts far outweighed their assets.

Appeals court douses Oak Lawn’s attempt to require its firefighters live in Illinois

By Dan Churney | Jul 9, 2018

A Chicago appeals panel has affirmed a Cook County judge’s ruling that southwest suburban Oak Lawn cannot require village firefighters to live in Illinois, because the village doesn’t require fire department applicants to live in any geographic area to be hired in the first place.

Jam Productions alleges theatrical union bought votes to unionize workers

By Dan Churney | Jul 6, 2018

A Chicago federal appeals panel has ordered the National Labor Relations Board to hold a hearing into allegations by Jam Productions that Theatrical Stage Employees Union Local 2 gave lucrative jobs to non-unionized Jam workers so they would vote to install the union local at Jam Productions venues.

Appeals panel divides over number of 'sole' causes, denies paralyzed jockey's try for new trial vs Arlington

By DM Herra | Jul 5, 2018

A divided state appellate court sided with the jury in a lawsuit against Arlington Park Racecourse by a jockey paralyzed in an accident, reversing a Cook County judge’s decision to grant a new trial because the jury had been improperly instructed to consider whether two different things could be considered the “sole” cause of an injury, simultaneously.

Appeals court upholds dismissal of Chicago School of Professional Psychology student

By Sandra Lane | Jul 3, 2018

A federal appeals court in Chicago has shut down a legal action brought by a former student at the Chicago School of Professional Psychology, who had alleged the school had improperly disciplined her over an image she posted to her personal Instagram account, and then later wrongly accused her of plagiarism.

SCOTUS takes Merck's Fosamax appeal, could boost GSK's appeal of $3M verdict over lawyer's suicide

By Jonathan Bilyk | Jul 3, 2018

The U.S. Supreme Court has decided to wade into the contentious question over whether a pharmaceutical company can be held liable for failing to warn consumers and doctors of a drug’s potential effects, potentially portending significant implications for a $3 million verdict a jury awarded to the widow of a Chicago lawyer who committed suicide in the Loop after taking the generic version of an antidepressant drug.

IL Supreme Court decides to take up Six Flags fingerprint privacy case; spurs fresh rise in BIPA lawsuits

By Cook County Record | Jun 29, 2018

The Illinois Supreme Court has decided to hear arguments over the question of whether the rights of a mother and her teen son were violated under an Illinois privacy law when theme park operator Six Flags required the young man to scan his fingerprints to use his park season pass. And the court's decision to take up the case appears to have helped spur a renewed spurt of lawsuits brought under the Illinois Biometric Information Privacy Act.

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