The ACLU confirmed its latest victory in Illinois when Judge Hyman approved its settlement agreement with the Illinois Department of Public Health regarding the Department's prior policy of mandating gender reassignment surgery before it would consider reissuing changed birth certificates reflecting the applicant's new gender.
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No loving parent can stand by without acting when their child is harmed. No parent should have to tolerate that. When parents hire caregivers for their children, parents, or themselves, that caregiver is entrusted with a near sacred duty to preserve the health, dignity, and vitality of a loved one. When that duty is breached, the harm can be tremendous in both physical pain, but also emotional turmoil.
The Chicago Tribune reports that U.S. District Judge Edward Chen in the Northern District of California, has certified a class comprising of women employees of Costco holding that such a class meets the requirements the Supreme Court stated in Wal-Mart Stores, Inc. v. Betty Dukes, et al., 131 S. Ct. 2541 (2011) regarding class certification in Rule 23.
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.
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.
The Seventh Circuit, on September 7, overturned a Northern District of IL decision awarding summary judgment to United Airlines over their policy of placing disabled employees in vacant positions only when a more qualified candidate was not available.
In EEOC v. United Airlines, Inc., 11-cv-1774, the EEOC alleged, and the Seventh Circuit agreed, that United Airlines violated the Americans with Disabilities Act by failing to immediately assign disabled employees who required reasonable accommodations to vacant positions as long as they are qualified for those positions and that placing the employees in such positions did not present an undue hardship to the employer. A Javan Macaque in Paso Robles California bit and severely injured a woman. According to the Chicago Tribune, the monkey was subsisting on Frost Flakes cereal and juice. Apparently, a monkey has a "dog-like bite" and bit the victim several times on her arms and fingers.
As a victim of an animal bite, that woman, if she was bitten in IL, would be able to seek damages from the owner of the pet. Chicago, in particular, has a dog-bite statute that provides remedies for pets, especially those from certain breeds or those that have a prior history of violent behavior. |
AuthorRishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C. Archives
October 2013
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