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On December 4, 2019, Illinois Governor JB Pritzker signed into law Senate Bill 1557. This new law contains various amendments to the Illinois Cannabis Regulation and Tax Act (“Cannabis Act”), 410 ILCS 705/1 et seq., and provides clarity regarding the interplay between the Cannabis Act and the Illinois’ Right to Privacy in the Workplace Act (“Right to Privacy Act”), 820 ILCS 55/1 et seq. The Cannabis Act legalized (under state law) the…
Settling most cases is a difficult process, particularly when the parties dispute what exactly happened or when the underlying claim turns out to be smaller than anticipated. In Fair Labor Standards Act (“FLSA”) cases, the process can be even more difficult depending on the court’s interpretation of the FLSA’s enforcement provision, section 16, which permits the Department of Labor to supervise settlements. Courts have reached differing interpretations regarding this statutory language and whether it requires…
An Illinois appellate court recently affirmed grant of summary judgment in favor of Commonwealth Edison (ComEd) in a class-action lawsuit alleging that ComEd violated the Illinois Employee Credit Privacy Act (“Act”), 820 ILCS 70/1 et seq., by investigating the plaintiff’s credit history in connection with a conditional offer of employment and ultimately refusing to hire her as a result of that investigation. Many Illinois residents are familiar with ComEd, the public utility company that…
Sex traffickers are as capable as the rest of us of using technology for their businesses, including social media. But what if we could prevent them from using social media for their sex trafficking? Annie McAdams is a personal injury attorney based out of Houston, TX who has sued insurance companies, drunk drivers, restaurants, and real estate developers. Now she’s taking on Facebook and other major tech companies. Section 230 of the Communications Decency Act…
A recent decision by the Eleventh Circuit federal court of appeals adds another arrow to class action defendants’ quiver by making it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (“TCPA”). The appellate court ruled that a single text message did not cause sufficient harm to sue in federal court. In Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), the plaintiff, John Salcedo, received a single form text…
In a putative class action recently filed in a Florida federal district court against fast-food chain Burger King, the tagline for the Impossible Whopper of “100% Whopper, 0% Beef” is misleading. According to the plaintiff, Philip Williams, although Burger King advertises the Impossible Whopper as being a meat-free option, it is contaminated by meat by-product because it gets cooked on the same grill as other meat products. The lawsuit accuses Burger King of “false and…
Labor unions are supposed to negotiate with employers on behalf of the workers, but according to a recent lawsuit against Fiat Chrysler, the officials of the United Auto Workers union (UAW) allegedly exploited their position to line their own pockets, rather than negotiate better terms for their workers. According to the lawsuit, filed by General Motors, Fiat Chrysler allegedly bribed UAW officials in order to get more favorable rates than their competitors. Gary Jones, the…
A federal judge for the Northern District of Illinois has given final approval to three major cruise lines and a travel agency of a $12.5 million class-action settlement. The defendants were accused of bombarding consumers nationwide with prerecorded telemarketing calls promoting cruise trips without their consent. Defendants Carnival Corporation, Royal Caribbean Cruises Limited, Norwegian Cruise Lines Limited, and Resort Marketing Group, the travel agency that allegedly operated the auto-dialing system, contributed to the settlement fund…
Politics is an ugly business and campaigns are often littered with smears and negative advertisements. For Joseph J. Tirio, the race for McHenry County Clerk got particularly ugly and resulted in the publishing of three allegedly defamatory flyers in opposition to Tirio’s candidacy leading up to the 2018 primary election. The first flyer depicted Tirio as a burglar wearing a mask and gloves and alleged that “Crooked Joe Tirio” had a “secret taxpayer-funded slush fund”…
In early 2017, the Consumer Review Fairness Act (CRFA), 15 U.S.C. §45b, took effect. With the passage of this law, the Federal Trade Commission has begun using the CRFA to crack down on businesses that use non-disparagement provisions in consumer contracts to attempt to prevent consumers from posting negative reviews in order to make a product seem more favorable than it really is. To date the FTC has launched numerous investigations into suspected violations of…