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Illinois
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April 09, 2024
Smith & Wesson Can't Keep Mass Shooting Case In Fed. Court
The Seventh Circuit ruled Monday that Smith & Wesson must litigate in state court lawsuits brought by survivors and the families of victims who were killed or wounded in the July 4, 2022, Highland Park, Illinois, parade shooting, rejecting the gunmaker's argument that its compliance with federal regulators mandated federal jurisdiction.
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April 09, 2024
Chicago Bears Recruit Miami Heat Atty For CLO Spot
The NFL's Chicago Bears announced a changeup in its legal leadership Tuesday with a high-level leader in sports and media law joining the organization as its legal chief from the NBA's Miami Heat.
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April 09, 2024
Sheppard Mullin Adds Locke Lord Corporate Transactions Pro
Sheppard Mullin Richter & Hampton LLP has added the co-chair of Locke Lord LLP's corporate and transactional department as a partner in Chicago, the firm announced Tuesday.
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April 09, 2024
Printer Buyers Defend HP Ink Cartridge Antitrust Claims
HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.
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April 09, 2024
7th Circ. Allows Casino Workers To Appeal Class Cert. Denial
The Seventh Circuit granted Casino Queen workers' request to immediately challenge a trial court's refusal to certify a class in their suit alleging that company executives charged their employee stock ownership plan $170 million for shares that ended up being worthless.
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April 09, 2024
16 States Seek To Defend EPA Particulate Matter Rule
A coalition of 16 states, New York City and Washington, D.C., has pushed to intervene before the D.C. Circuit in defense of the U.S. Environmental Protection Agency's recent final rule tightening federal standards for fine particulate matter pollution, as it faces challenges from industry groups and Republican-led states.
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April 09, 2024
California Can Set Own Emissions Standards, DC Circ. Says
The D.C. Circuit on Tuesday upheld the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, rejecting challenges filed by red states and industry groups.
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April 08, 2024
7th Circ. Won't Demolish Obama Center Approval
Federal agencies properly reviewed the environmental impacts of building the Obama Presidential Center in Chicago's Jackson Park, the Seventh Circuit ruled Monday, once again rejecting opponents' attempts to stop construction of the campus set to open in 2026.
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April 08, 2024
Target's Acne Treatments Contain Benzene, Customer Says
A Target customer in Illinois has launched consumer protection claims in federal court targeting acne treatments the retail giant allegedly manufactures and markets without disclosing benzene among their active ingredients.
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April 08, 2024
3 Firms To Lead Weber Investor Suit Over $3.7B PE Buyout
Prickett Jones & Elliot, Grant & Eisenhofer PA, and Kessler Topaz Meltzer & Check will together represent a proposed class of investors in grill maker Weber Inc. in consolidated litigation in Delaware's Court of Chancery over a $3.7 billion squeeze-out by private equity firm BDT Capital Partners LLC, Chancellor Kathaleen St. Jude McCormick decided on Monday in what she described as a "close call."
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April 08, 2024
Allstate Sues Ex-Agent For Post-Litigation 'Smear Campaign'
Allstate Insurance Co. has alleged in Colorado federal court that a former independent contractor it previously sued for allegedly stealing trade secrets has since launched an online "smear campaign" to spread false claims that the company is selling its customers' sensitive personal data to criminals and that it flouted a court order in the earlier suit by posting confidential deposition excerpts.
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April 08, 2024
Hytera's IMs With Chinese Court Don't Sway Judge
An Illinois federal judge told Hytera Communications on Monday it still had not done enough to be free of serious sanctions for continuing a Chinese intellectual property suit against her orders, saying recent instant messages between Hytera and the Chinese court were not proof the case was officially over.
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April 08, 2024
Judge Urged To Reject UnitedHealth's Antitrust Deal Qualms
Patients who cut a $55 million antitrust settlement with NorthShore University HealthSystem are urging an Illinois federal court to reject objections by United Healthcare Services, arguing that the insurer has no standing to derail the deal and that its challenge to the agreement could dilute their recovery.
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April 08, 2024
Teamsters Benefits Row Isn't Arbitrable, Sysco Tells 7th Circ.
An Indiana federal judge correctly held that a Sysco distribution center in Indianapolis didn't have to arbitrate a dispute with a Teamsters local over workers' entitlement to early retirement benefits, the company has told the Seventh Circuit, asking the appellate court to uphold the judge's ruling.
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April 08, 2024
Ex-USPS Worker Can Proceed With Disability Suit
An Illinois federal judge refused to toss an ex-worker's lawsuit against the U.S. Postal Service, saying she had enough evidence to get her claim that she was denied overtime because of a wrist injury before a jury, but failed to show that age discrimination was at play.
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April 05, 2024
Wow Bao Says Customer Can't Prove Kiosk Data Collection
Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.
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April 07, 2024
7th Circ. Won't Save Hytera From 'Self-Inflicted' Wounds
A Seventh Circuit panel this weekend said Hytera Communications could not be trusted after it filed a Chinese lawsuit behind an Illinois court's back and brought a $1 million daily fine upon itself, as a federal judge said she needed written proof that a Chinese court had really dismissed the suit.
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April 05, 2024
Rapper French Montana Seeks Atty Fees For 'Frivolous' IP Row
French Montana has told an Illinois federal judge that a young musician who alleged that the rapper sampled his song to make his hit single "Ain't Worried About Nothin'" should cover the attorney fees and litigation costs he spent defending the "frivolous" copyright lawsuit, suggesting that he only filed it to gain publicity.
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April 05, 2024
New Partner Joins Nixon Peabody's IP Team In Chicago
Nixon Peabody LLP has brought on a pair of patent attorneys to its Chicago office, including a partner who worked at Fitch Even Tabin & Flannery LLP for more than 30 years.
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April 05, 2024
Insurer Denies Coverage In Pet Store BIPA Class Action
An insurer told a Michigan federal court Friday that it didn't have to cover a pet store in an underlying employee proposed class action alleging the store violated Illinois' Biometric Information Privacy Act because the claims were precluded by the policy and a state statute of limitations.
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April 05, 2024
Beverage Giant Sued Under Illinois Genetic Privacy Law
Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.
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April 04, 2024
Boeing Can't Ditch Ill. Securities Fraud Suit Over 737 Max
An Illinois state judge on Thursday refused to throw out Boeing investors' suit accusing the aerospace company of misleading and lying to investors following the deadly Lion Air and Ethiopian Airlines crashes involving Boeing's then-new 737 Max jets, according to an order entered in Cook County Circuit Court.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
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April 04, 2024
Ill. Temp Worker Dispute Stayed For 7th Circ. Appeal
A challenge to an Illinois law mandating that many temporary workers receive equivalent benefits to long-term employees has been stayed, as a federal court allowed the state to appeal an order preliminarily blocking the statute.
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April 04, 2024
Smith & Wesson Scolded At 7th Circ. For Minimizing Victims
A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.
Expert Analysis
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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The Case For Culture Assessments In Sports Programs
As hazing allegations against collegiate sports teams and subsequent lawsuits become more prevalent, culture assessments can be implemented as a critical tool to mitigate risks including hazing, lack of gender equity and racism in athletic programs, say attorneys at Squire Patton.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Greenwashing And 'Greenhushing': Lessons For Fashion Cos.
While fashion companies continue to pursue improvements in the environmental impacts of the clothing they produce, they might be wise to note how businesses in other industries have attracted litigation over alleged greenwashing, and consider playing down environmental claims — a phenomenon known as "greenhushing," says Christopher Cole at Katten.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why There's No End In Sight For BIPA Litigation
As the law governing the Biometric Information Privacy Act remains underdeveloped, courts have struggled with applying BIPA consistently, and have suggested the Illinois Legislature must make the effort to provide guidance, though there seems to be no appetite to do so from the state body, say Joseph Kish and Erica Bury at Segal McCambridge.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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7th Circ. Ruling May Steer ADA Toward Commuter Issues
Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Opinion
Design And Utility Patents Should Get Same Obviousness Test
The principles of the U.S. Supreme Court's KSR v. Teleflex decision should apply to design patents in the pending Federal Circuit LKQ v. GM Global Technology case because both utility and design patents are subject to the same prohibition against obviousness, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.