Funeral homes, like most businesses, are subject to local, state, and federal regulations.  Businesses need to be fully aware and knowledgeable about regulations that pertain to their operations.  Unfortuantely for one local Chicago business, Carter Funeral Home, they operated in a way that violated FTC regulations for their industry.

The Chicago Tribune reports that the FTC began an administrative action against Carter Funeral Chapels of Chicago for failure to provide consumers with itemized price lists, as required by the funeral rule as promulgated by the FTC. 

The Chicago Tribune reports that a Colorado resident has won a $7.2 million judgment against a Central Illinois microwavable popcorn manufacturer and distributors of the product.  This product liability action resembles the litigation over mesothelioma due to asbestos from the 1960s and on.  In this case, the chemical in the fake butter in microwavable popcorn has led to a serious lung issue in one user who consumed massive quantities of the product.

The Chicago Tribune reports that the City, unsurprisingly, filed a motion to dismiss the case against them.  The two sides argued during the motion hearing regarding the substance of the complaint against the City and Judge John Lee questioned the plaintiff's Constitutional due process argument and demanded that the sides brief that issue.  The Plaintiff's counsel also elaborated on privacy concerns revolving around the Smart Meter's ability to track daily usage and notify electric companies and the city of when ideal times for appliance usage should be and data about their consumption patterns generally.  This information could be handed over to police or other bodies, however a "toothless" law does prevent this.

I will provide any further updates after the motion to dismiss is briefed and ruled upon.

The Chicago Tribune reports that the Fourth Appellate District has affirmed a trial court ruling that ruled that two Illinois pharmacists may conscientiously object to selling "morning after" pills, also known as Plan B (Levonorgestrel), under the Illinois Health Care Right of Conscience Act.

For the true legal diehards, here is a copy of the complaint filed and served on the Chicago Teachers Union today.

The Chicago Tribune reports that Mayor Rahm Emanuel will authorize the City of Chicago's Corporation Counsel to work with the General Counsel for CPS to file an immediate injunction against the strike.  His reason, it appears, is exactly as I posted days ago in my analysis of the strike.  He argues, as I speculated he might, that the issues by the Union are non-strikeable and further states that the strike poses a danger to the health and safety of the general public and to the students.  For more details, please read the blog post further down this page.

Business owners need to understand how the law can protect them against competitors and insulate them from customer lawsuits.  To reinforce this lesson, consider Beef Products, Inc., a closely held South Dakota company that faced severe consequences from negative reports regarding their processed beef product.  When businesses are losing money stemming from interference with existing or future business relationships, business should contact a business attorney who can look at all of their options to remedy this threat and mitigate harm, including through litigation.

The Wall Street Journal, among others, is reporting that Beef Products Inc., , has sued ABC for defamation, tortious interference with contract (business relationship), and a state anti-food disparagement statute, among other claims.  The beef company also named Diana Sawyer, who reported on the story for ABC and microbiologist Gerald Zirnstein, who as a USDA food inspector investigating a food bacteria outbreak in 2002 toured a BPI plant and coined the term "pink slime" to describe their product.  BPI is suing these defendants for $1.20 billion, representing lost profits stemming from the alleged defamatory reporting and characterization of their product.

The ISBA reports today that a recent Seventh Circuit Decision in Bell v. Chicago Police Chief Keating, No. 11-2408 (September 10, 2012) has threatened a Chicago Municipal Code Ordinance, Section 8-4-010(d), which prohibits acts of disorderly conduct when individual knowingly fails to obey lawful police order under circumstances where three or more other persons are committing acts of disorderly conduct in immediate vicinity, and where said acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm.  The plaintiffs alleged that the Ordinance violated their First and Fourteenth Amendment rights.  The District Court ruled that the plaintiff's lacked standing to bring a facial Constitutional challenge to the ordinance.  The Seventh Circuit reversed the Northern District of Illinois, Eastern Division and concluded that there was standing.

The Chicago Tribune reports that, in the face of a federal discrimination lawsuit, the IHSA has changed their policy to allow disabled athletes to participate in some competitions.

The IHSA also created three events specifically for athletes with various disabilities.  With the backing of the Illinois Attorney General, one student, Mary Kate Callahan, 17, has filed suit against the IHSA alleging violations of the Americans with Disabilities Act and the Federal Rehabilitation Act.  Early settlement talks were unsuccessful.

If you are a person with various accessibility needs and you feel that your are being discriminated against by anyone, contact an attorney to discuss whether the law provides a remedy that you can seek in court.

Each title of the ADA provides specific and general rights, privileges, powers, and protections and a litigation or transactional attorney can help you enforce your rights or draft agreements to protect and clarify rights or obligations under the ADA.

The Chicago Teachers Union is striking in Chicago right now.  The teacher's union hurdled the many procedural requirements to legally strike for wages, but recent changes to the Illinois Educational Labor Relations Act, 115 ILCS 5/1 (IELRA) may have made the strike illegal as wage demands have been met.  Below is an unofficial napkin analysis of the legal issues at play.  Since some provisions have only been effective for a bit over a year, there is no real precedent on this issue and this napkin analysis reviews the plain statutory law that governs this strike.