22 results for 'judge:"Leinenweber"'.
J. Leinenweber grants a veterinary clinic’s motion to dismiss a fertility clinic’s copyright claims, finding the fertility clinic has failed to show that consumers would likely confuse its trademarked PROOV ovulation testing device with the veterinary clinic’s OvuPROOF ovulation testing device. The court also dismisses the veterinary clinic’s counterclaim for defamation, but allows its counterclaims for defamation and misrepresentation to proceed.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: April 22, 2024, Case #: 1:23cv3854, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, Technology
J. Leinenweber denies the originally sued insurance firm’s motion to transfer this case to Utah, and partially grants the originally suing insurance and capital firms’ motion to dismiss their opponents’ fraud, conspiracy, wage law violation and tort claims. This is a convoluted contract dispute arising from a number of businesspeople who passed their insurance and capital firms between each other and spent time working for each other. Now, in claims and counter-claims, they accuse each other of business malfeasance of various stripes, which the court attempts to simplify in this ruling eliminating all but three claims several of the parties on both sides face.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: March 5, 2024, Case #: 1:23cv1109, NOS: Other Contract - Contract, Categories: Fraud, Tort, Interference With Contract
J. Leinenweber denies a firearm owner’s motion for a preliminary injunction against Highland Park’s ban on assault weapons. The court finds the Chicago suburb, where a deadly July 2022 mass shooting occurred, has legally banned the weapons under Second Amendment provisions, based on a “long-established” history of government bodies restricting private access to weapons designed for military use. The court also grants Highland Park’s motion to dismiss a gun rights advocacy group as one of the suit’s plaintiffs, finding the group lacks standing to bring the case.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: January 9, 2024, Case #: 1:22cv4774, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Firearms
J. Leinenweber denies the “ComEd Four’s” motions for acquittal or, in the alternative, a new trial. The Four consist of the ex-CEO of energy company Commonwealth Edison, a former lobbyist for ComEd, a company consultant and a former Democratic Illinois state representative. They were convicted last May on multiple bribery, fraud and conspiracy charges for their roles in the company’s admitted efforts to bribe Illinois legislators between 2011 and 2019. Though the Supreme Court plans to hear a challenge to a bribery law central to the government’s case against the four, the court finds that, as the laws were understood in May, the jury correctly interpreted the evidence and rendered fair verdicts.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: January 4, 2024, Case #: 1:20cr812, NOS: Other - Forfeiture/Penalty, Categories: Fraud, Conspiracy, Bribery
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J. Leinenweber grants a group of delivery drivers’ motion for conditional class certification in this labor rights case. The court also grants a pair of delivery companies’ motion to strike two of the drivers’ alternative counts, and grants a motion from a trio of third-party businesses owned by the suing drivers to dismiss the delivery companies’ claim that the businesses must indemnify the delivery companies in this action. The drivers claim the delivery companies falsely classified them as contractors rather than employees in order to underpay them and shift business costs onto their individual shoulders. They allege violations of multiple states’ wage and labor laws. In retaliation, the delivery companies say the drivers’ own businesses are contractually obligated to indemnify them for any overtime pay violations. The court rejects this argument, opining it would undermine wage law and allow employers to skirt responsibility for mistreating workers. It also limits the proposed class to drivers who worked for one of the delivery companies between May 2020 and the present while classified as independent contractors, and who have since stopped working for the company.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: November 27, 2023, Case #: 1:23cv1573, NOS: Fair Labor Standards Act - Labor, Categories: Indemnification, Class Action, Labor
J. Leinenweber grants the county’s motion of summary judgment brought by a former senior budget analyst alleging violations in the Americans with Disabilities Act disability discrimination, Family Medical Leave Act retaliation and defamation. The former analyst fails to show evidence is sufficient to support his claims, and it does not show the cause for termination was due to ADA or FMLA. As for the defamation claim, he fails to show any harm from statements made against him.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 26, 2023, Case #: 1:21cv6503, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Leinenweber denies a Mexican airline’s motion for leave to take a second deposition on this negligence case brought by a survivor of a 2018 airplane crash. The survivor was on the plane headed from Durango, Mexico, to Chicago and she suffered multiple physical and emotional injuries when the airline’s plane crashed shortly after takeoff, including a brain injury. The court grants the survivor’s motion to quash the airline’s subpoena seeking a second deposition.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 17, 2023, Case #: 1:18cv5540, NOS: Airplane - Torts - Personal Injury, Categories: Emotional Distress, Experts, Aviation
J. Leinenweber partially grants an Illinois city’s motion for summary judgment on one of its police officer’s claims that it violated police and military employment laws. The city made the cop take accrued vacation time for a paid leave of absence to serve full time in the National Guard, which he claims was a violation of those laws. The court finds factual disputes make summary judgment inappropriate as to the city’s alleged violation of the Uniformed Service Members Employment and Reemployment Act, but as the cop was still paid by the city while serving as a guardsman, the court also concludes it did not violate the Illinois Military Leave of Absence Act.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 29, 2023, Case #: 1:17cv7938, NOS: Employment - Civil Rights, Categories: Administrative Law, Municipal Law, Military
J. Leinenweber partially grants Samsung device users' motion to compel arbitration against Samsung for its refusal to pay filing fees in an underlying Biometric Information Privacy Act suit. The arbitration motion is dismissed as to the 14,335 device users who haven't shown proper venue in the Northern District of Illinois, but arbitration can move forward for those whose proper venue is provably in Northern Illinois.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 12, 2023, Case #: 1:22cv5506, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure, Privacy
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Aviation
J. Leinenweber dismisses a Medicaid benefits class action, finding the class members’ claims became moot in November 2022. The suing nursing home residents were approved to receive Medicaid benefits, but were nevertheless charged directly for their nursing care allegedly because the Illinois Department of Healthcare and Family Services rejected a separate set of their nursing home resident-specific paperwork. Regardless of the substance of their class Medicaid claims, the court finds the named class representatives lack standing as they have had no outstanding healthcare invoices since November 2022.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 29, 2023, Case #: 1:22cv63, NOS: Other Statutory Actions - Other Suits, Categories: Medicaid, Negligence, Class Action
J. Leinenweber denies a vacation property management service’s motion for summary judgment on Telephone Consumer Protection Act violation claims brought by a class of consumers, and grants that class’s motion for certification. The class representative in the suit claims he received telemarketing calls from the service despite being on the national do-not-call registry, and the court finds he has sufficiently alleged his claims to survive summary judgment and establish class certification.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 17, 2023, Case #: 1:19cv2504, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Business Practices, Class Action
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Experts
J. Leinenweber denies a gas station franchise’s motion to dismiss negligence and environmental nuisance claims brought by a property ownership group. The property owners claim their office building was polluted for decades by toxic petroleum products from the adjacent gas station, but that they were not made aware of it until 2020. The court finds the property owners have sufficiently alleged their claims and are within the applicable statutes of limitations, and so denies the franchise’s motion to dismiss.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 10, 2023, Case #: 1:22cv5108, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Negligence
J. Leinenweber denies a lending service’s motion to dismiss a former customer's fraud and RICO class action claims and compel arbitration in their place. The lending service is associated with the South Dakota-based Flandreau Santee Sioux Tribe, and the customer claims the service hides its predatory, high-interest lending practices under the guise of tribal sovereignty despite the tribe itself receiving less than 3% of its revenue. The federal court finds that compelling arbitration would shunt the case to tribal courts, which it claims have neither subject matter jurisdiction over loan borrowers nor relevant arbitration laws. Leinenweber thus concludes that granting the lending service’s motion would be “unconscionable.”
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 9, 2023, Case #: 1:22cv1063, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Native Americans, Banking / Lending, Class Action
J. Leinenweber grants a mortgage loan servicer’s motion to dismiss Fair Credit Reporting Act violation claims brought by one of its clients. The client claims the servicer accessed her credit report in December 2020 without a “permissible purpose,” damaging her credit score. The court finds the client has sufficiently stated her claim over that issue, but nonetheless dismisses her suit per the doctrine of res judicata. This is not the first time the client has sued the servicer alleging violations under the Act, and in a prior suit over similar issues the court granted judgment to the servicer.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 7, 2023, Case #: 1:22cv3900, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Leinenweber denies a metal recycling plant’s motion for summary judgment for labor violation claims brought by one of its former employees. The employee alleges that the recycling plant failed to pay him for all the overtime hours he worked as a supervisor on the shop floor, while the plant argues that the employee’s supervisor position made him an executive employee exempt from overtime regulations. The plant has not convincingly argued this position.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: July 19, 2023, Case #: 1:20cv5689, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Leinenweber partially grants the oil company's motion to dismiss contract claims brought by the convenience store owner over the parties' botched Shell Oil franchising agreement. After the deal fell through, the convenience store owner brought breach of contract, fraud, intentional tort and breach of fiduciary duty claims against the oil company. The court now tosses all of them save a single contract claim.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: June 29, 2023, Case #: 1:22cv5393, NOS: Other Contract - Contract, Categories: Interference With Contract, Business Practices, Contract
J. Leinenweber partially grants a False Claims Act whistleblower’s post-trial motion to alter judgment in the underlying case against a group of pharmaceutical companies, agreeing that the companies should pay treble damages, post-judgment interest on all claims and prejudgment interest on the Texas and Louisiana claims, for more than $9.8 million in civil penalties.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: May 9, 2023, Case #: 1:14cv9412, NOS: False Claims Act - Torts - Personal Injury, Categories: Damages, False Claims