Illinois

  • November 15, 2019

    Calif., Allies Sue EPA Over Clean Air Act Wavier Rescission

    California and 22 other states on Friday sued the U.S. Environmental Protection Agency over its decision to rescind the Golden State's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • November 15, 2019

    Ill. Legislature Fails To Hand Chicago Requested Tax Changes

    The Illinois legislature has ended its veto session without taking up requested tax proposals made by the Chicago mayor, which included structural changes to the city's real estate transfer and casino taxes.

  • November 15, 2019

    4th Person Charged In JPMorgan Spoofing Case

    A former JPMorgan Chase & Co. salesman has become the fourth person to be charged in a criminal racketeering case over an alleged multimillion-dollar precious metals market spoofing scheme, according to a superseding indictment filed in Illinois federal court.

  • November 15, 2019

    5 Takeaways As DOJ Finds Footing In FCA Dismissal Crusade

    The U.S. Department of Justice's controversial crusade against disfavored False Claims Act suits appears to be on increasingly solid ground after a series of court decisions allowing the DOJ to end whistleblower FCA cases. Here, Law360 spotlights five key takeaways from the government's recent success.

  • November 15, 2019

    Appeals Court Won't Revive Chicago Cops' Benefits Suit

    Chicago police officers have struck out on their argument that the city owes them higher disability payments, with an Illinois appeals court ruling a lower court correctly dismissed their proposed class action against a city benefit fund.

  • November 15, 2019

    Judge Exits Job Dismissal Case After Revealing Ties To Ford

    An Illinois federal judge has recused himself from a case in which an ex-Ford Motor Co. employee is challenging her dismissal involving an arbitrator with ties to the company, after the judge disclosed he also has personal connections to the automotive giant.

  • November 15, 2019

    Battery Co. Fights Sanctions Bid In $100M Trade Secret Case

    A company that helps computer centers maintain uninterrupted power has said it shouldn’t face sanctions or the dismissal of its trade secrets case against a former business partner because any discovery-related issues were at worst due to disorganization and were not “extraordinary in volume and breadth.”

  • November 15, 2019

    Menards Says Excess Insurer Can't Ditch Share Of $6M Payout

    Menard Inc. told an Illinois federal judge Thursday that its excess insurer is trying to avoid paying its part of a $6 million personal injury settlement by citing contract provisions that aren't in the policy that it sold the home improvement chain.

  • November 14, 2019

    Cresco Labs, Origin House Trim Pot Co. Merger To $370M

    Cannabis companies Cresco Labs and Origin House have trimmed the value of their tie-up to roughly $370 million and pushed the merger's close to next year as once high-flying cannabis stocks have fallen back to earth, prompting deal restructurings across the sector.

  • November 14, 2019

    Health Care Ad Co. Ex-Executive Faces Fraud Claims

    A former health care advertising company executive faces parallel criminal charges and civil claims over a multi-pronged advertising fraud scheme targeting the company’s clients, federal prosecutors and regulators said Thursday.

  • November 14, 2019

    Paint Cos. Tell Ill. Justices They Don't Owe For Blood Tests

    Sherwin-Williams, Conagra and other paint manufacturers told the Illinois Supreme Court on Thursday that a class of Illinois parents can’t sue them for the costs of their children’s mandatory blood tests to check for lead because Medicaid ultimately covered the expense.

  • November 14, 2019

    Ill. Judge Trims Housing Maintenance Discrimination Suit

    An Illinois federal judge said Wednesday that a National Fair Housing Alliance action against Deutsche Bank over alleged neglect of foreclosed homes in minority neighborhoods would be allowed to proceed, but he found that the NFHA could not pursue all of the damages claims it included in its suit.

  • November 14, 2019

    Several Families Settle With Boeing Over Lion Air Crash

    An Illinois federal judge on Thursday approved nine confidential settlements in a consolidated case against Boeing over the October 2018 Lion Air crash that killed all 189 passengers on board.

  • November 14, 2019

    Illinois Tax Break For Jet Parts Flies Through State Senate

    Illinois lawmakers on Thursday approved a bill that would retroactively forgive an estimated $50 million in sales and use taxes owed by certain airplane repair shops that were unaware they had to start collecting the taxes on parts in 2015.

  • November 14, 2019

    Group Slams FTC Powers In $24M Supreme Court Appeal

    A limited-government advocacy group urged the U.S. Supreme Court on Wednesday to settle a circuit split over what it called the Federal Trade Commission's "premeditated use of the courts" to obtain "virtually unfettered power" in certain enforcement actions.

  • November 14, 2019

    Real Estate Rumors: Dream Hotels, Zaragon, Carlyle

    A Dream Hotels venture has reportedly sold a Chicago property at a loss for $13 million, Zaragon is said to have dropped $12 million on a former USA Today distribution site in Florida, and a financing arm of Carlyle Group and Slate Property is said to have loaned $44 million for a Manhattan development site.

  • November 13, 2019

    Seyfarth Can Escape Tax Shelter RICO Suit, 7th Circ. Says

    An insurance executive failed to make a racketeering case against Seyfarth Shaw LLP over bad tax shelter advice, the Seventh Circuit has ruled in partly affirming a lower court's dismissal of the suit because the executive didn’t prove ongoing fraud.

  • November 13, 2019

    Real Estate Rumors: Group One, IManage, Bank Of China

    Group One Investments has reportedly sold a Florida building for $10.2 million, iManage is said to be close to taking roughly 80,000 square feet in Chicago, and Bank of China has reportedly loaned $166 million for a new mixed-use building in Manhattan.

  • November 13, 2019

    Feds To Pay $15M To End Baby Brain Damage Suit

    An Illinois federal judge on Tuesday approved a $15 million settlement to resolve a suit accusing doctors employed by a federally funded Chicago-area hospital of negligently causing a newborn's severe and permanent brain damage.

  • November 13, 2019

    Ex-Law School Prof Seeks To Revive Fraud Suit Against ABA

    A former law school professor urged the Seventh Circuit Wednesday to revive his fraud suit over the American Bar Association’s accreditation standards, saying misunderstandings on both sides of the bench caused his suit to get permanently tossed.

  • November 13, 2019

    Boeing Seeks To Ground Pilots' 737 Max Lost Wages Suits

    Boeing told an Illinois federal judge Tuesday that international pilots have no legal grounds to collectively sue the aerospace giant for lost wages by claiming Boeing misrepresented the safety of its 737 Max jets, which have been grounded since March following two fatal crashes.

  • November 13, 2019

    Clinic Wants NFL Benefits Suit Back In Ill. For Appeal

    An Illinois federal judge said Wednesday that he would take steps to return to Chicago a clinic's suit alleging the NFL directed Cigna to deny claims the clinic submitted for retired players' medical care, but he's unsure whether he still has authority over the case after transferring it to Texas.

  • November 13, 2019

    More Info Needed To Stop $135M Navistar Deal, Judge Says

    The Walt Disney Co. and US Foods Inc. have briefed only in “superficial terms” their concerns with a $135 million deal to end multidistrict litigation over allegedly defective Navistar diesel engines, an Illinois federal judge said at a hearing Wednesday.

  • November 13, 2019

    7th Circ. Ends Insurer's RICO Suit In Testosterone MDL

    The Seventh Circuit has refused to give an Ohio insurer another shot at its claims that pharmaceutical companies enticed it into paying for unnecessary prescriptions by misrepresenting the safety of testosterone replacement drugs, ruling that no reasonable jury could find the insurer was affected by allegedly misleading statements.

  • November 12, 2019

    Insurance Co. Ordered To Pay Marker Co. $2.8M For Defense

    An insurer must pay roughly $2.8 million to cover the costs of an art marker company's defense in a trademark infringement suit in Oregon, an Illinois federal judge ruled on Tuesday, citing the insurer's "unreasonable and vexatious conduct" under Illinois insurance law.

Expert Analysis

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • 7th Circ. Rulings Clarify ADA Obesity Standard For Employers

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    While the Seventh Circuit’s recent Americans with Disabilities Act decisions in Richardson v. Chicago Transit Authority and Shell v. BNSF Railway make clear employers may consider weight when evaluating a worker’s fitness for a position, they don't provide free rein to make hiring decisions based on obesity, say Jennifer Froehlich and Andrew Fiske at Holland & Knight.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • Opinion

    Cannabis Social Equity Programs Are Fundamentally Flawed

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    While programs granting a licensing advantage to communities disproportionately impacted by the criminalization of cannabis have gained support in progressive legislative circles, they are failing due to poor legislative design, says Avis Bulbulyan of SIVA Enterprises.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.