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Illinois
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July 01, 2024
Chicago Must Face $11M Uncashed Checks Suit, Panel Says
An Illinois appellate panel said that a lower court improperly tossed a class action alleging the city of Chicago failed to return to the state over $11 million in uncashed checks, remanding the case for the lower court to consider the other arguments for dismissal.
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July 01, 2024
July 4 Parade Shooting Survivors In Ill. Sue Smith & Wesson
The families of victims of the 2022 July Fourth parade shooting in Highland Park, Illinois, are suing Smith & Wesson and firearm retailers in state court, alleging they deliberately marketed the M&P-15, an AR-15-style rifle, to appeal to people like the shooter.
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July 01, 2024
Ill., Northshore Say Anti-Vax Case Not About Religious Liberty
A nurse working for a Northshore Health unit in Illinois should be permanently blocked from pursuing employment deprivation claims over her initial denial of a COVD-19 religious vaccine exemption, the health facility said, arguing she is using a state conscience law as a "sword" against COVID-19 protections.
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July 01, 2024
Delta Dental Wants Antitrust Claims Standard Decided Now
Delta Dental has asked an Illinois federal judge to decide now — prior to ruling on a class certification bid — on the standard of review applicable in a case launched by service providers alleging the dental insurance system and its members are violating antitrust law through a $13 billion scheme to restrict competition.
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July 01, 2024
AbbVie Hit With Age, Gender Bias Suit By Former Salesman
AbbVie Inc. fired a regional sales director as a pretext to avoid paying him for stock options and because of retaliatory complaints by two women who had received poor performance reviews, according to a suit filed in Massachusetts state court.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Visa, Mastercard Can Manage 'Greater' Fee Deal, Judge Says
Visa and Mastercard could likely tolerate a "substantially greater judgment" than the proposed settlement valued at about $30 billion in multidistrict litigation over the credit card companies' merchant fees, a New York federal judge ruled in an order unsealed Friday evening, rejecting the parties deal.
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June 28, 2024
Real Estate Recap: Camping Ban, Mobile Money, Post-Surfside
Catch up on this week's key developments by state from Law360 Real Estate Authority — including the U.S. Supreme Court's ruling on an Oregon town's anti-camping ordinance, government incentives for manufactured housing communities, and the progress states have made toward building safety in the three years since the tragic condo collapse in Surfside, Florida.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Northwestern Releases Paul Weiss Report On Hazing Review
Northwestern University has made public a long-awaited report by former U.S. attorney general and current Paul Weiss Rifkind Wharton & Garrison LLP partner Loretta Lynch finding weaknesses in the school's systems and culture.
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June 28, 2024
Nationwide Cert. Rejected In Suit Over Stolen Curaleaf Tips
An Illinois federal judge conditionally certified a class of Curaleaf hourly employees in Illinois, Arizona and Massachusetts, but denied a bid to certify a nationwide class of all Curaleaf hourly employees "based on pure speculation," in a suit alleging managers at its cannabis dispensary locations around the country stole the contents of tip jars.
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June 28, 2024
Morgan Lewis Employment Litigator Jumps To Vedder Price
Vedder Price has hired an employment litigator from Morgan Lewis & Bockius LLP as a shareholder in its Chicago office, the firm announced Friday.
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June 28, 2024
Nixed Purdue Ch. 11 Plan May Leave States Ready For A Fight
State attorneys general across the country could be gearing up for more opioid-related litigation against the Sackler family after the U.S. Supreme Court wiped out a $5.5 billion third-party release for the owners of bankrupt drugmaker Purdue Pharma LP, experts told Law360.
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June 28, 2024
EEOC Says Claims Of Trans Worker's Harassment Are Valid
The U.S. Equal Employment Opportunity Commission urged an Illinois federal court to keep afloat its suit accusing a hog farm of allowing its president and a worker to harass a transgender female employee, saying it put forward enough details to back up its claims.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 27, 2024
Judge Blasts Prisons Bureau, Sends Exec To Halfway House
An Illinois federal judge said Thursday he felt he needed to protect Outcome Health's co-founder from the Bureau of Prisons' "ridiculous" policy barring her from a low security camp just because she isn't a citizen, sentencing her to time served and three years' supervision in a Chicago halfway house instead.
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June 27, 2024
EPA's State Smog Pollution Plan Down, Not Out Yet
The U.S. Supreme Court flexed its muscles menacingly at the U.S. Environmental Protection Agency on Thursday and blocked it from implementing an important air pollution control plan for several states, but experts say it's too early to completely write off the rule in question.
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June 27, 2024
Live Nation Tries To Push DOJ's Antitrust Suit Out Of NY
Counsel for Live Nation Entertainment and subsidiary Ticketmaster on Thursday told a skeptical Manhattan federal judge that the U.S. Department of Justice's antitrust case belongs in D.C. federal court, where the green light was given for the companies' 2010 merger.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
AbbVie Buys Bowel Disease Biotech Celsius For $250M
Chicago-based pharmaceutical company AbbVie said Thursday it has acquired Celsius Therapeutics Inc., a privately held clinical-stage biotechnology company developing therapies for patients with inflammatory disease, for $250 million.
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June 27, 2024
Madigan Judge Doesn't Want Trial To Slip After Justices Rule
The Illinois federal judge overseeing the Racketeer Influenced and Corrupt Organizations Act case against former Illinois House Speaker Michael Madigan said Thursday he was hesitant to delay an October trial after the U.S. Supreme Court removed prosecutors' ability to go after state officials for accepting gratuities.
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June 27, 2024
Union Pacific Dodges Black Engineer's Promotion Bias Suit
An Illinois federal judge threw out a lawsuit by a longtime engineer accusing Union Pacific of passing him over for promotions because he's Black, saying he failed to rebut the railroad company's argument that it went with better-qualified applicants for the roles he sought.
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June 27, 2024
Sichenzia Ross Guiding Fuel Cell Co. On $130M SPAC Merger
Sichenzia Ross Ference Carmel LLP is advising Infintium Fuel Cell Systems Inc. on a newly inked blank-check company consolidation deal that values the hydrogen fuel cell technology provider at $130 million.
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June 27, 2024
Supreme Court Freezes EPA's 'Good Neighbor' Rule
The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
Expert Analysis
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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11 Noteworthy CFPB Developments From 2023
Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Ill. Justices Set New Standard For Analyzing Defect Claims
The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight
An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.