Chicago Business Litigation Lawyer Blog

Latest from Chicago Business Litigation Lawyer Blog

While the government was quick to hand out Business Interruption Grants to businesses across the country struggling from the effects of the pandemic-induced shutdown, company’s applying for the grant did have to meet certain criteria. The companies needed to be able to prove they had been financially impacted by COVID-19, and that they would use the money from the grants for necessary business expenses, such as payroll. What was less widely discussed was the fact that recipients of grants also needed to abide by all city, state, and federal labor laws applicable to their business, something Tank Noodle allegedly failed…
A former teacher at a high school who was fired later sued the school, alleging he was fired because he was an atheist. After the teacher was dismissed, the school published a press release on its website stating that the teacher had been terminated. The teacher and the school entered into a settlement agreement that included a nondisparagement clause. The teacher later sued the school a second time, arguing that it violated the nondisparagement clause by keeping the press release active on its website. The district court granted summary judgment for the school, and the teacher appealed. The appellate panel…
A startup employee advised his employer that it could withhold his and others’ wages until it secured future funding. The employee was a lawyer and drew up contracts to reflect this agreement. The employee later left the company on bad terms and demanded arbitration to recover his back wages. An arbitrator ruled for the employee, determining that the company had violated the Illinois Wage Payment and Collection Act because it had withheld wages beyond the statutorily allowed time period. The company later sued the employee, arguing that it was the employee’s own advice that led to the company’s liability. The…
While most securities fraud lawsuits accuse the defendant of manipulating their stock prices to keep them artificially high, the current lawsuit against Goldman Sachs alleges the company lied to maintain its high stock prices, rather than lying to cause the prices to rise. It’s a unique allegation, and one the U.S. Supreme Court has not yet recognized, but two lower courts have already upheld it as a valid claim. Goldman appealed the decision made by the district court and the Second U.S. Circuit Court of Appeals to the Supreme Court. The company alleges that, if the Supreme Court were to…
In a recent order issued in the case of PNC Capital LLC v. TCode, Inc., the trial court swatted down the plaintiff’s excuses for refusing to answer jurisdictional discovery sought by the defendant and ultimately awarded sanctions against the plaintiff after finding that it lacked any substantial justification for its refusal to respond to essential jurisdictional discovery in order to thwart plaintiff’s constitutional right to remove the case to federal court based on diversity of citizenship. The order provides a cautionary tale for plaintiffs who wish to object to discovery issued by another party. On September 4, 2020, the plaintiff…
Major League Baseball’s efforts to end a lawsuit filed by a woman struck by a foul ball at Wrigley Field hit a snag when an Illinois appellate court ruled recently that the injured fan can move ahead with her lawsuit. In its ruling affirming the decision of the trial court, the First District appellate court held that the plaintiff was not required to arbitrate her case with the MLB per the terms of the arbitration agreement printed on the back of her ticket. The case stems from events that took place during the Chicago Cubs’ August 27, 2018 home game,…
Almost as soon as reality TV gained prominence in our popular culture, it ceased to be reality. Producers and showrunners end up with hours and hours of footage that has to be edited down to fit the time frame of the TV show, but it didn’t take long for them to realize they could also edit the footage to tell a story … even a story that wasn’t there. Donovan Eckhardt, one of the co-hosts of the hit HGTV show “Windy City Rehab”, alleges the network and the producers sought to create a story for their viewers by making him…
A truck manufacturer was agreed to a settlement after it was sued for selling trucks with defective engines. Two members of the litigation class had filed separate suits against the company in state court. After the settlement was finalized, the manufacturer sought to have those suits dismissed. The plaintiffs attempted to intervene in the court where the settlement was approved, seeking to opt-out of the terms of the settlement. The district court refused and the plaintiffs appealed. The appellate panel affirmed the decision of the district court. The panel found that the plaintiffs had not shown that their decision to…
As our world becomes increasingly digital, we’ve been able to buy more and more things online, and that trend has only increased since everyone has been stuck at home due to COVID-19. One of the last things to make the switch to buying online was cars. Rather than going to a car dealership and test driving a car that who knows how many people have already been in, many people feel safer just ordering a car from a website and having it delivered to their door, but is that legal? While it is legal for auto dealers to sell cars…
A Cook County judge recently granted final approval to a $25 million class-action settlement to end a sweeping class-action lawsuit accusing well-known HR technology and service company, ADP, of violating the Illinois Biometric Information Privacy Act (BIPA) in the way it supplied equipment and support to employers requiring employees to scan their fingerprints when punching the clock at work. According to class counsel, more than 40,000 people filed claims under the settlement. According to the terms of the settlement, these individuals will receive a prorated portion of the settlement fund equal to about $375 each. The judge approved an award…
Fleas and ticks can carry Lyme disease, making them dangerous, and even potentially fatal, to us all, but especially to dogs who spend a lot of time outside and in whose fur fleas and ticks like to burrow. But when it comes to a certain flea and tick collar, could the protection against fleas and ticks be worse than the dangers posed by the bugs themselves? Elanco Animal Health is an Indiana-based pharmaceutical company that makes medications and vaccines for animals, including Seresto flea and tick collars. After almost 1,700 incidents of pet deaths and about 900 humans harmed, all…
Donald J. Trump is no stranger to lawsuits. He has been sued for everything from alleged shady business practices to alleged sexual assault and harassment, but while he was president, he claimed, as have other Presidents, he was protected from legal action as long as he was in office. Two courts had ruled against that argument, and he had appealed their decision to the New York State Court of Appeals, but before that court could decide on the case, Mr. Trump was voted out of office. While Mr. Trump is currently facing multiple lawsuits across the country, the case in…
The Supreme Court recently issued a major ruling in a dispute over free speech on the grounds of a public college. By a vote of 8-1, with Chief Justice Roberts as the lone dissenter, the Court held that a Georgia student’s claims of violations of his First Amendment rights against college officials were not mooted by the school’s decision to abandon the speech restrictions at issue. Specifically, the Court found that the student had standing to proceed with his First Amendment lawsuit even though the student was only seeking nominal damages in the suit. The case had long been on…
The right to free speech is the very first Amendment to our Constitution, and it’s one of the most frequently cited amendments, especially when things get heated between two individuals or political parties. The right to free speech, specifically as it relates to public figures, was promised by our founding fathers as a way to protect our democracy. The idea is that free speech encourages an open debate and exchange of information and ideas about candidates before people head to the polls, but is there a difference between what’s legal and what’s ethical? Because of the importance of being able…
Insurance company State Farm is breathing a little easier after a Cook County judge recently dismissed a putative class action lawsuit filed against the insurer by the owner of an Evanston restaurant over the insurer’s denial of loss of income claims. In the complaint, the restaurant alleged that it and other restaurants suffered hundreds of thousands of dollars in lost income, resulting from state-ordered closures in response to COVID-19. The restaurant alleges that it filed a business interruption claim with State Farm who denied coverage. Following denial of the claim, the restaurant filed suit against the insurer. In response, State…
“March Madness” is a popular term used to refer to the basketball tournament run by the National College Athletic Association (N.C.A.A.) every year in March, but it’s not an accident that everyone thinks of college basketball when they think of March Madness. It’s the result of the N.C.A.A. having trademarked the name, along with strategic branding, and they are very proactive about protecting that brand, even if it means suing a urology practice over the phrase “Vasectomy Mayhem”. The urology practice, Virginia Urology, registered the term “Vasectomy Mayhem” with the U.S. Patent and Trademark Office and proceeded to launch an…