Illinois

  • March 26, 2024

    Opioid Public Nuisance Claims 'Unique,' Ohio High Court Told

    Counsel for two Ohio counties that won a $650 million verdict against Walmart, CVS and Walgreens told the Ohio Supreme Court on Tuesday that opioids are a "unique" problem during oral arguments about whether the counties' public nuisance claims are blocked by the state's product liability law.

  • March 26, 2024

    Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee

    An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.

  • March 26, 2024

    Costco Parking Lot Fall Suit Doomed By 2-Inch Rule

    An Illinois federal court has thrown out a woman's trip-and-fall suit against Costco Wholesale Corp., saying the less than 2-inch difference in surface height is not enough of a defect that Costco had a duty to repair it.

  • March 26, 2024

    Newest Illinois Federal Judge Has Financial Crimes Expertise

    As he prepares to take his new district court seat, U.S. Magistrate Judge Sunil Harjani is being lauded as a former powerhouse litigator whose extensive experience in complicated financial cases helped him prosecute major white collar crimes and contributed to his thorough approach to handling cases.

  • March 25, 2024

    In High Court Sentencing Case, It's Everyone V. Gibson Dunn

    As the U.S. Supreme Court scrutinizes severe sentencing of repeat offenders, one view is backed by the Biden administration, defense bar groups, incarceration reformers and a household name among appellate advocates. And then there's the view backed by a few lawyers at Gibson Dunn & Crutcher LLP.

  • March 25, 2024

    Judge Finalizes Ban On Taking $540M IP Fight To China

    An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.

  • March 25, 2024

    Ill. Atty Fights To Keep Reinstatement Dispute In DC Court

    An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.

  • March 25, 2024

    Prior Deal Bars Issues-Only Classes In NCAA Football MDL

    An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.

  • March 25, 2024

    TreeHouse Shareholders Get New Chance To Sue Execs

    An Illinois appellate panel reversed a Cook County judge Friday and revived a derivative lawsuit demanding that TreeHouse Foods sue three individual executives the shareholders claim materially misled them by falsely stating that two newly acquired companies were being successfully integrated into the food company's operations.

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    Paul Weiss-Led AbbVie Inks Up To $212M Deal For Landos Bio

    AbbVie Inc., represented by Paul Weiss Rifkind Wharton & Garrison LLP, said Monday it will pay up to $212.5 million for Cooley LLP-led Landos Biopharma Inc., a clinical-stage biopharmaceutical company developing treatments for autoimmune diseases.

  • March 25, 2024

    3 BIPA Pros Join Blank Rome In Chicago From Taft Stettinius

    Blank Rome LLP announced the additions of three former Taft Stettinius & Hollister LLP attorneys to its corporate litigation group on Monday, touting the Chicago-based trio's experience with biometric privacy laws in a state that has often led the charge on them.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

  • March 25, 2024

    Class Cert. In United Military Leave Suit Will Have To Wait

    An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.

  • March 25, 2024

    7th Circ. Affirms Co. Can't Get $3.5M Software Deduction

    A healthcare company that helps nursing homes buy equipment is not entitled to $3.5 million in tax deductions meant for domestic software production, the Seventh Circuit ruled, saying the company failed to meet the threshold for the break because it didn't actually provide software to customers.

  • March 25, 2024

    Lender Curo Group Hits Ch. 11 To Slash $1B In Debt

    Consumer lender Curo Group Holdings Corp. filed for Chapter 11 protection in Texas on Monday with a plan of reorganization supported by a majority group of creditors, saying it crumbled under a $2.1 billion debt load with high interest rates.

  • March 22, 2024

    Power Line's Refuge Crossing To Stay On Hold For Now

    A Wisconsin federal judge on Friday extended an order temporarily blocking the U.S. Fish and Wildlife Service from executing a land swap that would allow the nearly completed Cardinal-Hickory Creek high-voltage transmission line to cross part of the Upper Mississippi River National Wildlife and Fish Refuge.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Ill. Justices Weigh Whether Rule Violation Merits Fee Award

    The Illinois Supreme Court has questioned whether two law firms should be allowed to preserve their $1.7 million fee award for their work on a family dispute that settled after they were fired, as the justices asked whether fees are appropriate if the firms never disclosed how they would split the money.

  • March 22, 2024

    Real Estate Authority: NAR, Climate, Data Center Dollars

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.

  • March 22, 2024

    Ill. Atty Tampered With Witness In Own Fraud Case, Feds Say

    A Chicago-area lawyer facing criminal tax fraud charges has been slapped with a superseding indictment accusing him of witness tampering by trying to script a bookkeeper's testimony, according to an announcement made Friday.

  • March 22, 2024

    Judge Signals OK For $15M DIP Loan To Petersen Health Care

    During a break in a hearing Friday afternoon in Delaware bankruptcy court, senior-living company Petersen Health Care reached an interim deal with its debtor-in-possession lender and its prepetition lenders to let it access $15 million of its proposed $45 million DIP loan.

  • March 22, 2024

    Ill. Justices Won't Stop Exec Email Defamation Suit

    A Chicago software company must face a defamation suit over two anonymous, disparaging emails sent to a competitor's executives, Illinois' top justices have ruled, finding a company's reputation can be harmed even by messages sent only to top-level leaders. 

  • March 22, 2024

    Ill. Judges End Diversity Rules That Drew Conservative Ire

    The Seventh Circuit's chief judge has resolved judicial misconduct complaints targeting allegedly discriminatory standing orders by some Illinois federal judges encouraging younger, female and minority attorneys to handle oral arguments, after two of the judges rescinded their policies in response to the complaints.

  • March 22, 2024

    NLRB Urges 7th Circ. To Toss Union's Sanctions Bid

    The National Labor Relations Board challenged an International Union of Operating Engineers local's "wholly inappropriate" sanctions bid against the agency at the Seventh Circuit, telling the appeals court that the union can't raise an argument related to the lawfulness of a punch-in policy for strike replacement workers.

Expert Analysis

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How States Vary On The Fireman's Rule And Its Applicability

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    A recent decision by the Indiana Court of Appeals, reviving a firefighter’s suit, is illustrative of changes in the application and interpretation by state courts and legislatures of the Fireman’s Rule, which bans first responders from recovering for injuries sustained on the job, says Shea Feagin at Swift Currie.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Perspectives

    Justices May Clarify Expert Witness Confrontation Confusion

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    After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • What's On Tap For Public Corruption Prosecutions In 2024

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    All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • A Closer Look At The Federal Criminal Enforcement Slump

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    Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

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