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Illinois
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December 05, 2024
Ex-Posner Staffer Asks Court To Allow Salary Suit To Proceed
A former staffer suing retired U.S. Circuit Judge Richard Posner for $170,000 in back pay has rejected Judge Posner's claim that the suit is untimely, arguing the onetime Seventh Circuit jurist's conduct was so egregious that it's exempt from otherwise relevant statutes of limitations.
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December 05, 2024
Hinckley Allen Opens New Ill. Office To Tackle Asbestos Work
Hinckley Allen has debuted an office with an 11-member team to service the southern Illinois and St. Louis metropolitan areas, hiring three partners specializing in complex product liability and toxic tort matters as it seeks to plant its flag in a "critical jurisdiction" for those kinds of cases.
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December 04, 2024
Quaker Beats 'Simply Granola' False Ad Suit, For Now
An Illinois federal judge has freed the Quaker Oats Company from a putative class action alleging it deceived consumers into believing its "Simply Granola" product contained only oats, honey, raisins and almonds, saying no reasonable consumer would conclude those were the only ingredients based on the products' label.
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December 04, 2024
Fed. Circ. Sinks Patent Fight Over Intel's CPU Chips
The Federal Circuit on Wednesday rubber-stamped a ruling out of Delaware federal court that cleared Intel of allegations that the chipmaker infringed patents by a University of Maryland professor who purportedly developed an important idea in the world of "parallel computing" in 2006.
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December 04, 2024
7th Circ. Asks If Feds Went Too Far In $25M Kickback Case
The Seventh Circuit questioned where it should draw the line between "perfectly legal" and improper marketing conduct Wednesday as it considered vacating a medical equipment pharmacy owner's conviction for running an alleged $25 million kickback scheme with a patient-leads broker.
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December 04, 2024
Potent Cannabis Oils Violate Ill. Laws, Suits Say
Four proposed classes are suing several cannabis product makers and sellers, alleging that products made with Rick Simpson Oil and other potent types of cannabis oils go far beyond Illinois' and other states' legal limits, and the companies fail to warn customers that they're illegal.
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December 04, 2024
Texas High Court Suggests Atty Discipline Case Is Too Old
The Texas Supreme Court on Wednesday appeared sympathetic to a lawyer's claim that suspending her now for misconduct that occurred in Illinois in 2017 is barred by a four-year limitations statute and unfair.
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December 04, 2024
Foley & Lardner Gets Pro-Palestinian Atty's Suit Pared Down
A former Foley & Lardner LLP summer associate who says the firm rescinded an employment offer over her public support for Palestinians saw part of her suit dismissed this week, with an Illinois federal judge finding that the firm never promised to hire her regardless of what kinds of activism she took part in.
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December 04, 2024
Ethylene Oxide Suits Sent Back To Ill. State Court
An Illinois federal judge said Tuesday that lawsuits accusing several companies of polluting the air with ethylene oxide were improperly removed to federal court, despite a state judge's statement that two defendants reaching settlements was cause for removal.
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December 03, 2024
Hyatt's Appeal Of $177M Sex Assault Verdict Fails
A Missouri appeals court on Tuesday affirmed a $177 million verdict in a suit alleging that Hyatt Corp. caused a female guest's in-room sexual assault by a hotel security guard, saying the jury's $149 million punitive damages award was supported by the hotel's "conscious disregard" for its guests' rights.
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
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December 03, 2024
Judge Trims Fraud Claims From Mead Johnson Formula Suit
An Illinois federal judge on Monday partially granted a bid by Mead Johnson to toss a class action alleging at least seven types of infant formula it sold contained undisclosed heavy metals, throwing out some warranty and fraud claims and claims related to products the lead plaintiff didn't purchase, but allowing the rest of the complaint to move forward.
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December 03, 2024
Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage
An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.
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December 03, 2024
Exelon Promotes Ex-FERC Commissioner To Top Legal Role
Utility company Exelon Corp. announced Tuesday that a former Reed Smith LLP partner and former member of the Federal Energy Regulatory Commission has been named its next chief legal officer, and also said it's also expanding the top legal role.
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December 02, 2024
Government Mole Faces Tough Cross From Madigan's Atty
An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.
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December 02, 2024
SEC, Ill. Lender Reach $4M Deal Over Failure To Register
An Illinois convertible note dealer and its president have agreed to pay the U.S. Securities and Exchange Commission over $3.9 million to resolve claims they violated registration provisions of the federal securities laws while lending to penny stock issuers.
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December 02, 2024
McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'
A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.
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December 02, 2024
Consulting Firm Says Insurer On Hook For $7.6M Deal
A consulting firm told an Illinois federal court that its insurer must reimburse it for a $7.6 million settlement with the U.S. Department of Justice relating to a lawsuit accusing the firm of allowing personal information to be compromised, maintaining that the litigation fell within its policy's scope.
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December 02, 2024
Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK
A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.
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December 02, 2024
Gibson Dunn-Led TreeHouse Foods Buys Tea Biz For $205M
Private brands snacking and drink manufacturer TreeHouse Foods Inc., advised by Gibson Dunn & Crutcher LLP, on Monday announced plans to buy Holland & Knight LLP-led Harris Tea for roughly $205 million.
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November 27, 2024
A Look Back At Years Of Zantac Litigation: Timeline
After the U.S. Food and Drug Administration raised a red flag five years ago that heartburn drug Zantac and its generics contained levels of a chemical that could cause cancer, litigation kicked off in federal and state courts. Here, Law360 presents a timeline of the lawsuits, trials and settlements that ensued.
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 27, 2024
Illinois Top Court Will Decide Fate Of $7B Power Line Permit
The Illinois Supreme Court has agreed to review a lower court's decision striking state utility regulators' approval to build part of the $7 billion Grain Belt Express high-voltage transmission line.
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
Expert Analysis
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.