- “McConnell Demands Liability Protections in Next Coronavirus Bill” [Steven T. Dennis, Billy House, and Laura Litvan, Bloomberg; U.S. Chamber issue list] “Businesses Fear Lawsuits from Sick Employees, Patrons After Reopening” [Erik Larson, Edvard Pettersson and Christopher Yasiejko, Bloomberg] “Frivolous Litigators Bite the Hands That Care for Them” [Veronique de Rugy] “States pass lawsuit-protection measures as Pennsylvania resists” [Nicholas Malfitano, Legal Newsline]
- Retroactive workers’ comp coverage for the virus by state decree? Illinois commission beats hasty retreat after gesture in that direction [Susanne Sclafane (presumption of compensability) and Stephanie Jones/Insurance Journal, Angela Childers/Business Insurance (vote to pull back from idea was unanimous)
- White House executive order declaring emergency federal authority over meatpacking industry might have been welcomed by companies hoping for override of liability over worker illness [Liz Crampton and Gabby Orr, Politico, NBC News]
- “The Case That Could Change Product Liability” [Daniel Fisher, Chief Executive on Ford v. Bandemer at the U.S. Supreme Court] More personal jurisdiction cases bubbling up from Seventh, D.C. Circuits [Jim Beck] “Constitutional Limitations on Product Liability?” [Stephen McConnell]
- “Incorporating Catholicism: Dioceses are changing their secular legal forms to conform to canon law and insulate assets” [Stephen Bainbridge]
- “Taco Bell wins Chalupa price case after claiming plaintiffs ignored menu” [John O’Brien, Legal Newsline, earlier]
Posts Tagged ‘Illinois’
Liability roundup
- U.S. Chamber’s annual lawsuit climate survey ranks Illinois as nation’s worst this year [Institute for Legal Reform]
- Withholding material helpful to the defense: “Time for a Brady-type disclosure requirement for federal government in False Claims Act litigation” [Stephen A. Wood, Washington Legal Foundation]
- “Both sides need to learn that frequently the best response to immature behavior is to ignore it. Don’t react, don’t sink to the other side’s level, don’t try to fight fire with fire.” Advice from a federal judge to the lawyers in a Florida case [Eugene Volokh; Doscher v. Apologetics Afield, Inc.]
- Expert witness follies: litigation funders are filling the old tort lawyer role of bankrolling dodgy research on which future litigation campaigns can be based [Jim Beck]
- Back in July I linked a grim assessment of Pennsylvania’s Oberdorf v. Amazon decision expanding product liability for retail platforms. Here’s a less grim one that came out around the same time [Gus Hurwitz, Truth on the Market]
- By South Florida standards, those $1 million lawsuit fraud charges against an ADA lawyer the other day aren’t especially big; last year feds shut down an auto-claims ring they said cleared $23 million and involved “chiropractors, attorneys, clinic owners and tow-truck drivers.” [Paula McMahon, South Florida Sun-Sentinel; Insurance Fraud Hall of Shame]
August 7 roundup
- “We got nailed once because someone barehanded a bag of lettuce without a glove.” Kitchen-eye tales of NYC’s restaurant inspection regime [Saxon Baird, NY Eater]
- Positive reviews for new HUD regs on housing discrimination, affordability, and supply [National Review: Roger Clegg; Salim Furth]
- Sony isn’t making its robot companion dog available in Illinois because its facial recognition features fall under the state’s onerous Biometric Information Privacy Act; an earlier in-state casualty was Google’s “which museum portrait is your selfie like?” service [Megan Wollerton, CNet, earlier here and here] Is there any hope of slowing down the rush of class action suits filed under the law? [Chris Burt, Biometric Update]
- Victory on a-peel: “3rd Circuit rules maker of banana costume is entitled to ‘fruits of its intellectual labor'” [ABA Journal, earlier here, etc.]
- D.C. Circuit “Rips ‘Legal Artifice’ in Kasowitz Firm’s Megabillions Whistleblower Case” [Dan Packel, The American Lawyer; Cory Andrews, WLF]
- Congress passes a law framed as pro-veteran, doesn’t take the time to spell out quite how it works, years later we meet the (presumably unintended) losers in the form of nonprofits that employ blind and deaf workers [Julie Havlak, Carolina Journal, quotes me]
How Illinois is that?
A very Illinois situation: “An Illinois union lobbyist can keep the public pension windfall he qualified for by spending one day as a substitute teaching, the Illinois Supreme Court has ruled.” [Ray Long, Chicago Tribune via its Twitter]
More on Illinois public employee pensions: “More than 19,000 Illinois Government Retirees Receive Pensions Over $100K” [Janelle Cammenga, Illinois Policy] “Mapping the $100,000+ Illinois Teacher Pensions Costing Taxpayers Nearly $1.0 Billion” [Adam Andrzejewski, Forbes 2016] “Top 200 Illinois Municipal Retirement Fund Pensions as of 2017” [Taxpayers United (park district employees score highly in $150K+ annual pension listings)] (via @TwoBoysCapital on Twitter)
Meanwhile, so delightfully Chicago: “JUST IN: Lawyer for ex-Ald. Willie Cochran ask for six months home confinement, saying ‘”since sending previous aldermen to jail has not done anything to curb Chicago’s tidal wave of aldermanic corruption cases, there is no reason to think that sending Mr. Cochran to jail will.'” [Chicago Tribune reporter Jason Meisner on Twitter]
Illinois legislation would mandate corporate board quotas
The Illinois House has passed a bill “to require every publicly traded corporation headquartered here to include at least one woman and one African-American on its board of directors. The Senate version calls for a Latino as well. Corporations that fail to meet the quota would be fined up to $100,000.” Terrible bill, as well as a good way to discourage businesses from headquartering in Illinois. University of Chicago law professor Todd Henderson expects that if the bill passes courts will strike it down as unconstitutional [Chicago Tribune editorial] More: Hans Bader.
Illinois high court nixes collective-geographic-liability law on drug overdoses
Over a dissent from two of its justices, the Illinois Supreme Court has struck down a law purporting to establish collectivized liability for drug overdoses: “Illinois state law allows family members of people who overdose to sue anyone within a given geographic area who sold or distributed the same kind of drug. Illinois Supreme Court: It violates due process for a plaintiff to recover a lot of money from a person who had no connection at all to the drug user. Dissent: Although the law ‘pushes the boundary of civil liability by dispensing with traditional notions of causation,’ we’re meant to be more deferential to the legislature under the rational basis test.'” [John K. Ross, IJ “Short Circuit” on Wingert v. Hradisky (citing parallel “market share liability” doctrines; “At least 18 states and one territory of the United States have adopted the Model Act or some version of [the Model Drug Dealer Liability Act]”)]
Liability roundup
- “Illinois Supreme Court Allows No-Injury Biometric Information Privacy Act Claims in Complete Victory for Plaintiffs’ Bar” [Locke Lord] Google’s “which museum portrait is your selfie like?” an early local casualty [Illinois Policy and generally on the law]
- “Class action reform isn’t dead. It’s just not coming from Congress” [Alison Frankel, Reuters]
- To get around Daimler v. Bauman line of cases, state statutes now provide that by registering to do business in the state an out-of-state business consents to general personal jurisdiction. Is that consistent with due process? [Anand Agneshwar and Paige Sharpe, WLF, and on Mallory v. Norfolk Southern Railway case in Pennsylvania; Beck with survey of state statutes]
- “As Pelvic Mesh Settlements Near $8 Billion, Women Question Lawyers’ Fees” [Matthew Goldstein, New York Times, earlier and more]
- More on Department of Justice crackdown on fraud and mismanagement in asbestos bankruptcy trusts [ABA Journal, AP, Alison Frankel/Reuters, Sen. Chuck Grassley statement, earlier]
- Judge: Port Authority not liable over George Washington Bridge jumpers [Julia Marsh, New York Post]
“Illinois 13-year-old charged with eavesdropping felony for recording meeting with principal”
“For years, [Illinois] cops used the state’s eavesdropping laws to arrest citizens who attempted to record them. This practice finally stopped when three consecutive courts — including a federal appeals court — ruled the law was unconstitutional when applied to target citizens recording public servants.” But the law is “still being used by government officials to punish people they don’t like. Illinois Policy reports a 13-year-old student is facing felony charges for recording a meeting between him and two school administrators.” [Tim Cushing, TechDirt; Austin Berg, Illinois Policy, related]
May 30 roundup
- “Leave your 13-year-old home alone? Police can take her into custody under Illinois law” [Jeffrey Schwab, Illinois Policy]
- So many stars to sue: Huang v. leading Hollywood names [Kevin Underhill, Lowering the Bar]
- Morgan Spurlock’s claim in 2004’s Super Size Me of eating only McDonald’s food for a month and coming out as a physical wreck with liver damage was one that later researchers failed to replicate; now confessional memoir sheds further doubt on baseline assertions essential to the famous documentary [Phelim McAleer, WSJ]
- If you’ve seen those “1500 missing immigrant kids” stories — and especially if you’ve helped spread them — you might want to check out some of these threads and links [Josie Duffy Rice, Dara Lind, Rich Lowry]
- “Antitrust Enforcement by State Attorney Generals,” Federalist Society podcast with Adam Biegel, Vic Domen, Jennifer Thomson, Jeffrey Oliver, and Ian Conner]
- “The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.” [Jacob Sullum, more, Scott Greenfield, earlier on hate crimes model for “Protect and Serve Act”]
Liability roundup
- NFL alleges its billion-dollar concussion settlement fund has drawn hundreds of millions in fraudulent claims [Nicholas Malfitano, Penn Record; Andrew Beaton, WSJ]
- After the mass shootings: “We’ve all gotten a thousand phone calls from lawyers.” [Jack Healy, New York Times]
- Retrial in Sheldon Silver corruption case [Bill Sanderson/New York Daily News, more, yet more (guilty on all counts)] “Silver’s disgrace has had no discernible effect on the way Albany conducts the public’s business. And no one should have expected it to, given the record.” [Bob McManus, City Journal] City’s asbestos docket, on which Silver thrived, is still a plaintiff’s playground [Daniel Fisher, more]
- One reason for Illinois’s reputation as a lawsuit hot spot is its willingness to hear disputes from elsewhere [Dan McCaleb, Illinois News Network]
- “Split Pennsylvania court refuses to void $500K award to man burned during ride in crowded limo” [Matt Miller, PennLive]
- Judge tosses lawsuit over McDonald’s Extra Value Meals [Patricia Manson, Chicago Daily Law Bulletin, earlier] “NYC Man Sues Halo Top For Not Being Regular Ice Cream” [Jen Carlson, Gothamist]