17 results for 'judge:"Durkin"'.
J. Durkin grants T-Mobile’s motion to certify an interlocutory appeal over whether a putative consumer class has sufficiently alleged antitrust standing. The putative class opposes the now-closed merger of T-Mobile and Sprint and seeks, via this suit against T-Mobile’s parent company, to unwind the merger and prevent T-Mobile from having a monopoly over U.S. wireless services.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 27, 2024, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action, Technology
J. Durkin denies a group of former tech executives’ motion for acquittal or new trial, finding there is sufficient evidence to support the jury’s verdict. Jurors found the tech executives guilty of more than a dozen fraud counts each in April 2023, after hearing evidence that they falsified financial reports, underreported consumer engagement with the medication ads that pharma companies paid them to market and charged clients for advertising services that they never delivered.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 21, 2024, Case #: 1:19cr864, NOS: Other - Forfeiture/Penalty, Categories: Fraud, Technology
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J. Durkin partially grants a number of staffing and temp agencies’ motion to enjoin a number of new Illinois labor protections for temporary workers that Democratic Gov. J.B. Pritzker signed into law last year. One new protection requires the agencies to pay workers who are at a job site for more than 90 days wages commensurate with the lowest-paid, directly hired employee of the company that hired the agencies for their temp workers. Another protection attempts to discourage scabbing during labor strikes: It requires the temp agencies to inform their workers of any job happening at the site of a labor dispute, and bars the temp agencies from holding temp workers’ refusal to work despite the strike against them when they seek another job. A third protection allows “interested parties” to seek private action against any temp agency the parties suspect of violating labor law. The court finds that the temp agencies have made a showing of irreparable harm and that the balance of equities tips in their favor, but orders the agencies and the Illinois Department of Labor to jointly submit a proposed preliminary injunction order on or before March 15.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 11, 2024, Case #: 1:23cv16208, NOS: Constitutionality of State Statutes - Other Suits, Categories: Erisa, Labor / Unions, Labor
J. Durkin mostly grants a group of bike manufacturers’ motions to dismiss a product liability suit. A consumer brought the suit after her bike’s front wheel fell off as she was riding, causing her to fall and sustain injuries to her hands, head and wrists. The court finds it lacks jurisdiction over several of the companies involved in the bike’s manufacture, and dismisses the claims against them pending an amended complaint from the consumer which addresses jurisdiction specifically.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 27, 2023, Case #: 1:23cv1328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Jurisdiction
J. Durkin partially grants the federal government’s motion for a former pharma executive to forfeit $55 million of his personal funds as well as his remaining business assets. The court convicted the former executive of bank, mail and wire fraud earlier this year, and finds that while the order for money forfeiture is valid, the government must further specify the remaining property it wishes to seize.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 15, 2023, Case #: 1:19cr864, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Forfeiture, Banking / Lending
J. Durkin grants a Japanese investment firm’s motion to dismiss for the lack of personal jurisdiction and improper venue in this antitrust suit brought by a class of consumers challenging T-Mobile’s merger with Sprint. There is no ambiguity and colorable basis for personal jurisdiction over the investor, so jurisdictional discovery is not warranted. The court denied T-Mobile and the Japanese company’s motion to dismiss for a lack of antitrust standing, failing to properly allege direct or indirect evidence.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 2, 2023, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Durkin grants a broiler chicken distributor’s motion to dismiss antitrust claims against it for allegedly conspiring to fix chicken prices higher than the market would otherwise support. The class of purchasers has not established antitrust standing for the purposes of their Sherman Act claims, nor for relevant state antitrust claims. The broiler chicken distributors are entitled judgment related to damages prior to Sept. 2, 2012, which is when they learned of the alleged conspiracy, and to violations of the Sherman Act and antitrust violations.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: October 23, 2023, Case #: 1:16cv8637, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Agriculture, Antitrust
J. Durkin grants a class representative’s motion to add a new plaintiff to her privacy class action against her employer, a tortilla manufacturer. The class representative argues the firm illegally recorded and stored her and her co-workers’ fingerprints whenever they scanned their fingers to clock in or our of work, and the court finds the manufacturer has not shown how it would be unduly prejudicial to add a new named plaintiff to the suit.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: July 19, 2023, Case #: 1:22cv3943, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Labor
J. Durkin partially grants a shampoo manufacturer's motion to dismiss fraud and product liability charges brought by a class of consumers who claim its dry shampoo products contain high levels of the carcinogen benzene. The class' claims that the company misrepresented its products' toxicity are dismissed, as the dry shampoo products don't "expressly" state any safety concerns related to benzene one way or another. The class' unjust enrichment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: June 27, 2023, Case #: 1:22cv6728, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Product Liability, Class Action