505 results for 'court:"USDC Northern District of Illinois"'.
J. Daniel grants a metal packaging company’s motion for judgment on its contract pleadings against a brewery. The court also partially grants the packaging company’s motion to dismiss the brewery’s counterclaims and fully grants its motion to strike the brewery’s affirmative defenses. This case stems from a contract between the parties wherein the brewery agreed to purchase beer cans from the packaging company, and the packaging company subsequently claimed the brewery did not meet its purchasing agreement under that contract. The brewery countersued, but the court found it hadn’t sufficiently alleged its breach of warranty or negligent misrepresentation counterclaims. The brewery’s counterclaims for breach of good faith dealing still stand.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: February 26, 2024, Case #: 122cv7367, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: Fraud, Business Practices, Contract
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J. Cummings partially grants a real estate crowdfunding platform and payroll management company’s motions to compel arbitration in an employment suit brought by one of the platform’s former executives. The former executive claims the defendants owe her the bonuses she earned in 2022, along with 90 days’ notice wages. The defendants moved for arbitration on her wage claims. The court finds arbitration is appropriate for the former executive’s dispute with the payroll management company, and stays the underlying claims against the real estate platform while that arbitration is pending.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: February 22, 2024, Case #: 1:23cv4120, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Alonso partially grants an almond company’s motion for judgment in a prospective nationwide consumer class action. The prospective class representative alleges she was defrauded by the company’s “smokehouse” brand of almonds because the nuts are flavored with liquid smoke, not in an actual smokehouse. The court dismisses the consumer fraud claims brought under Idaho, Iowa, Nebraska, South Dakota, West Virginia and Wyoming law, but allows the claims brought under Illinois and several other states’ laws to stand.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 22, 2024, Case #: 1:22cv1591, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Seeger partially grants an Illinois school district’s motion to dismiss a slew of civil rights and ADA claims brought by the parent of a disabled child who faced intense bullying at school. As a result of the bullying, which the court notes the school district and its staff did little to stop, and in several instances made worse, the child suffered physical injuries and mental trauma including post-traumatic stress disorder. The court dismisses the ADA claims against two school administrators individually, but allows the claims against the district itself to stand. The court also dismisses the parent’s claim for procedural due process violations entirely and dismisses the substantive due process claims, again, only against the two individual administrators. The parent’s claim for intentional infliction of emotional distress stands.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 21, 2024, Case #: 122cv4512, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Emotional Distress, Due Process
J. Wood largely grants a group of realtor associations’ motion to dismiss an antitrust class action brought by a class of home buyers. The home buyers accuse the realtor associations of conspiring with a brokerage firm to illegally affect price competition among real estate brokers, resulting in the home buyers paying illegally high commission rates for their retained brokers. The court, however, finds it lacks jurisdiction over one of the realtor associations, and rules the class representative has not sufficiently alleged Sherman Act violations. The class’s unjust enrichment claims stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: February 20, 2024, Case #: 1:21cv430, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Class Action
J. Kennelly grants a car company’s motion for summary judgment for multiple civil rights, retaliation and employment discrimination claims brought by one of its former sales employees. The court finds the former employee has not produced sufficient evidence to support his claim that the company’s ranking system favors women, or that the company retaliated against him when he took 12 weeks of FMLA leave to be with his newborn daughter.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 20, 2024, Case #: 1:21cv4049, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Pallmeyer denies a doctor’s motion to vacate a jury finding that he is liable for 158 false Medicare claims. The court finds that given the evidence which emerged at trial, and a similar finding against the doctor’s wife, the jury made a fair ruling in his case.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv4011, NOS: Other Statutory Actions - Other Suits, Categories: Jury, Medicare, False Claims
J. Lefkow grants the U.S. State Department’s motion to dismiss a class action brought by former, involuntary members of the Islamic Revolutionary Guard Corps of Iran. The former Guard members had their visas to the U.S. denied on “terrorist-related inadmissibility grounds,” despite the fact that they were conscripted, not willing recruits. They filed claims for class certification, a preliminary injunction against enforcement of the “terrorist” grounds, and for the court to have an evidentiary hearing on the issue. The court nevertheless dismisses the claims on the grounds that the “law simply gives judges essentially no role in the visa decision process.”
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: February 15, 2024, Case #: 1:22cv7360, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Terrorism, Class Action
J. Pallmeyer partially grants several mental health center workers’ motion to reconsider an earlier ruling, which partially denied their motion for summary judgment on a former patient’s failure to intervene claim. That former patient was sexually abused by another center worker, who has since pleaded guilty to criminal charges. The patient then brought damages and failure to intervene claims against other workers, with subsequent summary judgement rulings tossing all but the failure to intervene claims against five individuals. On reconsideration, the court now tosses the claims against one more worker, while they stand for the remaining four.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv7909, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Damages, Negligence
J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Education, Emotional Distress
J. Kocoras denies Chicago and its police officers’ motion for summary judgment on a resident’s claims of unreasonable seizure, false arrest, and malicious prosecution, finding the resident has sufficiently alleged that police entered his home without a warrant and arrested him without probable cause.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: February 15, 2024, Case #: 1:22cv1564, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Gettleman partially grants an Illinois village and its mayor’s motions to dismiss numerous civil rights allegations brought by a community activist. The activist claims the mayor had a personal vendetta against her after she led protests over the police killing of a community member, and that the mayor also took steps to chill village residents’ free speech rights — up to and including deploying police in riot gear on peaceful protestors. The court dismisses the activist’s claim that the village violated the first six articles of the Illinois Constitution, and also dismisses the possibility of Monell damages against the mayor specifically. The rest of the activist’s claims stand.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: February 14, 2024, Case #: 1:23cv5670, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Seeger denies a dental business management firm’s motion for summary judgment on RICO and state law fraud claims against a bank, and partially grants the bank’s motion for summary judgment on the same claims. The firm hired felons convicted of financial crimes to oversee its business operations, and blames bank employees for conspiring with the pair after they began embezzling the firm’s funds. The court finds there is insufficient evidence to back up these conspiracy and racketeering claims, and finds the state law allegations of fraud that occurred before Dec. 20, 2012, are time-barred. The state law claim stemming from alleged incidents after that date survive.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 14, 2024, Case #: 1:17cv9161, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Banking / Lending, Racketeering
J. Pallmeyer grants an Illinois city’s motion for summary judgment on a property development company’s claim that the city illegally denied its permit to build a cell tower on public land, but denies both the city’s and the company’s competing motions for summary judgment on the company’s claims under the Telecommunications Act. The court finds there was sufficient reason for the city to legally deny the development company’s permit to build the cell tower, but also concludes factual disputes make summary judgment on the remaining claims inappropriate.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 14, 2024, Case #: 1:22cv4151, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Municipal Law, Property
J. Rowland denies a delivery company’s motion to dismiss a class of workers’ claims that it violated the Fair Labor Standards Act and Illinois Wage Payment and Collection Act. The court also grants the workers’ motion for conditional class certification. The class representatives claim that, from 2020 to 2022, the delivery company wrongly classified them as independent contractors to avoid providing them with the pay, protections and benefits employees enjoy. The court finds the class representatives have sufficiently alleged those claims and have shown sufficient evidence that they are among a class of similarly situated workers for the delivery company.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 7, 2024, Case #: 1:23cv1859, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Kennelly grants the government’s motion to dismiss a business services company’s complaint to recover overpaid income taxes. The company claims that, due to an accounting error it discovered in 2019, it overpaid its 2015 income tax by over $1.1 million. After several years of unsuccessfully trying to file amended tax returns with the IRS, it sued the government in March 2023. The court, however, finds it lacks jurisdiction over the suit.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 7, 2024, Case #: 1:23cv1482, NOS: Insurance - Contract, Categories: Government, Tax, Jurisdiction
J. Kennelly partially grants multiple motions from both parties in this patent infringement suit. A data management company claims Amazon infringed on three of its patents for data storage protocols, and in turn Amazon brought counterclaims for non-infringement, unpatentability, unenforceability and invalidity. In a complex ruling, the court partially grants and partially denies both parties’ motions for summary judgment for portions of one other’s claims. The court also denies Amazon’s motion to strike analysis from one of the data management company’s experts, but grants the data management company’s motion to strike the analysis from one of Amazon’s experts.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 6, 2024, Case #: 1:18cv8175, NOS: Patent - Property Rights, Categories: Patent, Experts, Technology
J. Rowland grants a bank’s motion to dismiss a defamation claim brought by the former estate manager for a deceased account holder. A bank employee allegedly filed documents with a trust firm accusing the former estate manager of using her power of attorney on behalf of her mother to appoint herself as her mother’s primary estate beneficiary upon death. The former estate manager denies this is the case and claims defamation over the issue, but the court finds she has provided insufficient evidence to back up her claim.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 5, 2024, Case #: 1:21cv1361, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Wills / Probate, Defamation, Banking / Lending
J. Cole denies the government’s motion to compel a pharmacy chain to produce nearly 21,000 documents on its privilege log. This case is over whether the pharmacy chain, for years, kept government Medicare and Medicaid overpayments on patient prescriptions that it was supposed to have refunded. The government is now pursuing extensive discovery in the already six-year-old case, but the court finds that the pharmacy chain’s privilege log is so fundamentally flawed that it needs to be revised before the government can order the production of documents. Given the time it would take to complete such an overhaul, the court instead suggests the parties arrive at “a creative method for resolving the conflict” instead.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: February 2, 2024, Case #: 1:18cv6494, NOS: Other Statutory Actions - Other Suits, Categories: Medicaid, Medicare, Discovery
J. Kennelly denies a workforce management technology company’s motion for the court to reconsider its decision granting class certification to the employees of one of the company’s clients. Those employees allege, in a class action complaint, that their employer violated Illinois biometric privacy law by nonconsensually collecting their fingerprints on the technology company’s finger-scanning timeclocks. The court finds the company has offered no new reason why the court should reconsider its past ruling granting the employees class certification.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 2, 2024, Case #: 1:21cv3400, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Privacy, Class Action
J. Seeger grants a credit reporting company’s motion to dismiss two debtors’ injury and emotional distress claims. The credit company mistakenly reported the debtors had several thousand dollars in outstanding debt when in reality those debts had been written off in bankruptcy. Despite this, the company also reported that the debtors were making timely payments on the debts, reflecting positively in their credit reports. Because the court finds the debtors failed to show any tangible injury from the mistakes, it dismisses the claims for lack of standing.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 1, 2024, Case #: 1:22cv617, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Emotional Distress