Illumina, Inc., Sequenom, Inc. v. Ariosa Diagnostics, Inc. et al. Docket No. 2019-1419 LOURIE, MOORE, REYNA March 17, 2020 Update (August 3, 2020): In a revision of its March 17, 2020 opinion reversing the DC’s 101 ineligibility decision, the FC panel reversed the DC’s decision on remand finding the claims invalid under 101 for being “directed to an ineligible natural phenomenon”. The FC panel maintained its prior statements that: “This is not a diagnostic case. And it is not a method of treatment case. It is a method of preparation case.” The FC panel also maintained its position that “CellzDirect…is…
An Illinois appellate court recently issued a ruling denying an individual’s request for civil penalties under the Freedom of Information Act. Boggan v. FOIA Office of the Department of Corrections, 2020 IL App (4th) 190347-U In 2016, an inmate at the Dixon Correctional Center filed a FOIA request with the DCC seeking records related to the source and quality of water at the DCC. The DCC responded that it did not possess responsive records, and the inmate filed a request for review with the PAC. In 2017, the PAC issued an advisory opinion finding that DCC failed to conduct a…
Earlier this week, a federal court in New York kicked to the curb four key provisions of the U.S. Department of Labor’s regulation implementing the paid leave provisions of the Families First Coronavirus Response Act, requiring employers covered by the Act to quickly decide how it will address these scenarios in the future. As you will recall, the DOL issued final FFCRA regulations on leave on April 1, 2020 as a sweet little April fool’s present for us. Days later, the State of New York sued the DOL, claiming that the agency  unlawfully denied leave to otherwise eligible employees and…
Members of the Kansas City Paralegal Association (KCPA) have elected Baker Sterchi Paralegal Tamara Davis to the association’s Board of Directors. Founded in 1975, KCPA is a professional association for paralegals in the Kansas City area established to promote, enhance, and encourage the development of the paralegal profession; to provide opportunities for networking among paralegals on the local, state, and national levels; and to offer quality continuing education for paralegals. KCPA also promotes and participates in various local community service projects, including Bears on Patrol, which supplies Kansas City patrol officers with teddy bears to give to children faced with trauma…
Dogs are one of the most popular pets in the United States, but along with all of the positive aspects of owning a dog, there is a downside. Millions of Americans are bitten by dogs each year according to the Centers for Disease Control (CDC), and young children are especially at risk for both serious injuries and wrongful death resulting from dog bites. The good news is that many dog bite injuries are preventable, and whether your family owns a dog or simply comes into contact with dogs on a regular basis, the following are some preventative measures you can take…
Experiencing family law matters can be highly emotional and likely raises many questions. Below are common concerns families and individuals face when they seek our assistance. For additional questions or assistance, contact the experienced attorneys at Kogut & Wilson. Divorce How long will this take and how much will it cost? In short, it is difficult to tell. There are timelines with courts and a fair amount of documents to be completed by both parties. When parties do not agree on a matter, it takes time to negotiate. In these situations, we do our best to keep things moving. An average range…
Modern times have led to a reduction in mom-and-pop pharmacies and an increase in commercial pharmacies that dominate this business. While some may argue that retail pharmacies have resulted in a more systemized approach to the dispensation of prescriptions, it may have also opened the door to less individual attention being paid to consumers. While everyone makes mistakes in their job, a medical professional or pharmacists’ errors can lead to deadly results. An investigation run by the New York Times presented a pharmacist’s acknowledgment of these unfortunate errors, attributing the issue to a shortage of staff. One anonymous pharmacist from…
By now, most of us have seen a funny warning sign or two, either in person or perhaps as a meme on social media. While these warnings may give us a quick laugh, can they also be useful in shielding against liability for bodily injury claims? The Third District of the Illinois Appellate Court thinks so, as set forth in its recent decision in Smith v. The Purple Frog, Inc., 2019 IL App (3d) 180132. In Smith, plaintiff sued a bar for negligence after backing into a heater located in the bar’s outdoor beer garden and sustaining injury. Plaintiff had…
In this episode of Reimagining Law, we talk to Y’Noka Bass, a rising 3L at Loyola University Chicago School of Law, and Rummana Alam, a Teaching Assistant Professor at the University of Illinois College of Law. Y’Noka and Rummana discuss the importance of diversity in law schools, initiatives in Illinois law schools that support diversity, and how law schools can better support people of color. Subscribe to our channel to stay up to date on new episodes of Reimagining Law! Timestamps 1:18 – Why is diversity important in the law school setting? 2:32 – How can law schools better support…
An appellate court recent ruled in favor of a public body in a FOIA challenge in Sherrod v. City of Kankakee, 2020 IL App (3d) 190374-U.  In 2016, an inmate (plaintiff) filed two FOIA requests with the City of Kankakee for records regarding the murder of a specific individual. After the City conducted a reasonably diligent search for records responsive to the request, the City provided responsive records in the City’s possession and custody, while denying portions of both requests for records the City was unable to locate during their searches. After the plaintiff filed a request for review with…
Parenting plans are documents that outline the role each parent will have in their child’s life after divorce, and the responsibilities they carry. When parents cannot come to an agreement, a judge will issue a parenting plan. In either case, an agreement is legally binding once it is issued or approved by a judge. It is common to have questions about parenting plans, as they are not something many people have dealt with prior to divorce. Below are the answers to some of the most common questions people have about these plans. What Should You Include in a Parenting…
If you have a serious medical condition, you may worry that you’ll soon be unable to keep up with the demands of your job. In fact, one of the most common questions we hear is, “Can I apply for disability insurance if I’m still working?” The answer is that you typically cannot receive disability insurance benefits before you leave your job — but you can start preparing your claim. In this article, our disability insurance lawyers explain the basics of a disability insurance application. We’ll also give you a disability checklist that will help you prepare your claim. Chronic and…
In Horton v. Midwest Geriatric Mgmt., LLC, Mark Horton filed a Title VII sex discrimination case against Midwest Geriatric Management, LLC (“MGM”) following withdrawal of an employment offer, after Midwest Geriatric Management became aware that Horton was gay and had a partner. Horton was the Vice President of Sales & Marketing for Celtic Healthcare. He was recruited by a job search firm for the position of Vice President of Sales and Marketing for a company named Midwest Geriatric Management. After applying for the job, he received an offer of employment pending a background check and further confirmation of his educational history. Horton signed…
If you have been injured in a car accident, you are likely focused on filing a lawsuit against the driver of the other vehicle. While that is always a possibility, there are others against whom you can file a personal injury claim. This can allow you to lodge a negligence action against a defendant with deeper pockets who can not only pay your medical expenses but can also pay other claims such as compensatory damages and property damage in a jury award or settlement agreement. Of course, when you file a lawsuit as a plaintiff, you will likely be…
On July 21, 2020, the Seventh Circuit Court of Appeals decided in Hanson et.al. v. LeVan that the firing of deputy assessors because of their political affiliation violated their First Amendment rights.  Dawn Hanson and her fellow plaintiffs worked as Deputy Assessors in the Milton Township Assessor’s Office, when Chris LeVan was elected as the new Assessor. Plaintiffs had publicly supported LeVan’s predecessor Bob Earl in his reelection campaign. LeVan won election, and shortly after taking office, he fired plaintiffs, who then sued him, alleging that their termination violated their First Amendment rights. As a general rule, the First Amendment…
Not all retail tenants can get a landlord to agree to a co-tenancy provision, but this still should be part of the tenant’s discussion with its broker or landlord. A co-tenancy provision allows a tenant to pay a reduced amount of rent when certain conditions are not met either before the store opens or once the store is operating. Usually, the condition is that certain other stores, such as anchors, or a certain percentage of stores in the center have to be open for business. For example, if a certain anchor tenant plus 70% of the remaining space in the…