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Illinois
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August 23, 2024
McKinsey Opioid Suits Sent Back To NY, Illinois State Courts
A California federal judge has remanded, to their respective state courts, cases brought by dozens of New York municipalities and two Illinois counties against McKinsey & Co. over its alleged role in the opioid crisis, saying the consulting firm's "tortured interpretations of state law" don't give the Golden State jurisdiction.
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August 23, 2024
Northwestern Wants Baseball Retaliation Suit Axed For Good
Former Northwestern University baseball employees alleging they were fired in retaliation for outing now-fired coach Jim Foster's abusive behavior should be permanently blocked from pursuing those allegations because they have failed to outline sufficient claims despite receiving a second chance to do so, the university has argued.
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August 23, 2024
Ill. Cheer Parents Can Join $82.5M Antitrust Varsity Brand Deal
A Tennessee federal judge on Friday allowed cheer parents from Illinois to participate in an $82.5 million antitrust class action settlement reached with academic apparel giant Varsity Brands, finding they could receive settlement benefits without delaying the process or increasing administrative costs.
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August 23, 2024
Illinois Car Dealers Can't Stop Direct EV Sales
An Illinois state appeals court threw out a suit by franchise car dealerships and trade associations aiming to block two electric vehicle makers from selling directly to customers, saying Friday that neither the Illinois Vehicle Code nor the Motor Vehicle Franchise Act require carmakers to sell through a franchise dealership.
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August 23, 2024
Chicago White Sox Sued Over Ballpark Shooting
The Chicago White Sox and the owners of Guaranteed Rate Field have been sued in Illinois state court by an unnamed woman who was shot during a baseball game a year ago and claims they acted with "an utter indifference" for her safety and welfare.
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August 23, 2024
On Final Night Of DNC, Prosecutors Ruled The Stage
Vice President Kamala Harris invoked her experience as a prosecutor and an attorney general in her speech Thursday night in Chicago accepting the Democratic nomination for president.
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August 22, 2024
7th Circ. Says Rep. Isn't Injured By Extended Ballot Count
A split Seventh Circuit panel on Wednesday upheld the dismissal of a challenge to Illinois' ballot receipt procedure, saying no one was forcing a congressman to spend money to safeguard the counting of mail-in ballots up to 14 days after Election Day.
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August 22, 2024
Ill. Exempts Certain Home-Delivered Meals From Taxes
Purchases of certain home-delivered meals for older and lower-income residents are exempt from an array of state taxes, the Illinois Department of Revenue said.
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August 22, 2024
State Farm Can't Slash Fraud Suit, Even On The Merits
An Illinois federal judge has stuck to her decision not to let State Farm significantly cut down a proposed class action targeting an allegedly unlawful totaled-vehicle valuation formula, even while acknowledging she should have considered the merits of State Farm's arguments.
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August 22, 2024
7th Circ. Says Hidden IP Fight Doomed Insurance Coverage Bid
The Seventh Circuit has agreed an insurer could rescind its policies covering a garbage services company because that company failed to disclose an already brewing trademark dispute, concluding the company's argument that it didn't need to disclose the feud was "not supported by the record or common sense."
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August 22, 2024
Nonprofit Beats Ill. Teachers Union's Election Meddling Suit
An Illinois federal judge tossed litigation claiming an education policy nonprofit meddled in a Chicago Teachers Union election, saying the sections of the Labor-Management Reporting and Disclosure Act the union sued under do not authorize lawsuits by private parties.
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August 21, 2024
Lion Air Families Want Full 7th Circ. To Hear Boeing Case
The last two estates pursuing claims over 2018's Lion Air crash argued Wednesday that the full Seventh Circuit should rehear their bid for jury trial damages relating to injuries the victims experienced over land because their initial panel applied the governing law in a way that was never intended.
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August 21, 2024
Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says
Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.
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August 21, 2024
TransUnion Bid For CFPB Docs In Settlement Case Tossed
A magistrate judge has ruled that TransUnion will not be able to access documents relating to a Consumer Financial Protection Bureau enforcement action against the credit bureau, reasoning that TransUnion was not able to prove that the documents should not be protected by privilege.
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August 21, 2024
Staffing Co. Can't Duck Class Claims In Biometric Privacy Row
An Illinois federal judge ruled Monday that a staffing company must face most claims brought by employees alleging it violated Illinois' biometric privacy law by collecting their fingerprints for timekeeping without first securing their written, informed consent, and said it would be premature to grant the company's bid to strike the class allegations.
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August 21, 2024
Hillrom Says Funding Docs 'Plainly' Relevant In Antitrust Suit
Hospital-bed maker Hill-Rom Holdings, doing business as Hillrom, defended its request for litigation funding documents in rival Linet's suit targeting allegedly anticompetitive supply agreements, arguing they will help support its defenses and combat a "David and Goliath" characterization of the case.
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August 21, 2024
Dems At DNC Push For High Court Reform
Democratic lawmakers on Wednesday made the case at an event adjacent to the Democratic National Convention that U.S. Supreme Court reform is an issue that everyday Americans should care about and championed the progress made thus far.
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August 21, 2024
Willkie Adds 5 Partners In Chicago From Mayer Brown
Willkie Farr & Gallagher LLP announced Wednesday that it has added a corporate team of five partners and six associates in Chicago from Mayer Brown LLP to strengthen its capital markets and strategic mergers and acquisitions capabilities.
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August 20, 2024
Amazon Stuck With $525M IP Loss, Plus $148M In Interest
An Illinois federal judge on Tuesday refused to disturb a jury's $525 million verdict in favor of software company Kove IO Inc. in a dispute with Amazon over cloud data storage patents, rejecting Amazon's argument that there wasn't enough evidence and holding that Kove is entitled to roughly $147.7 million in prejudgment interest.
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August 20, 2024
7th Circ. Reverses Sysco Win Over Teamsters Grievance
The Seventh Circuit ordered arbitration Tuesday of a grievance over early retirement benefits that Sysco Indianapolis LLC wanted to be heard in federal court, reversing a trial judge who concluded the dispute was governed by terms outside the bargaining agreement.
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August 20, 2024
Mondelez Customer Calls Cocoa Sourcing Label Deceptive
Oreo cookies maker Mondelez International Inc. has been hit with proposed class claims in Illinois federal court that its snack packaging misleads customers into thinking the company sources its cocoa ethically when its supply chain really contributes to "grievous and unsustainable labor abuses."
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August 20, 2024
Burford Fights Order Backing Chicken Price-Fixing Settlement
A Burford Capital Unit tried again Monday to unbind itself from a chicken price-fixing settlement that Sysco sealed via email with Pilgrim's Pride, arguing in Illinois federal court that the Seventh Circuit has criticized the order backing the settlement as "fatally flawed."
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
Expert Analysis
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law
A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.