A U.S. District Court judge in Chicago has denied employer Marsh USA’s summary judgment motion on Count V on Juanda Lynn Jordan’s Family and Medical Leave Act (FMLA) complaint. The complaint alleged that Marsh USA violated the FMLA’s anti-retaliation provision for exercising her right to medical leave because it honestly…
Two questions were certified for immediate appeal to the Illinois Appellate Court in a case against a school bus company, First Student Inc. The case was brought on behalf of a student who alleged that the misconduct of a driver accused of sexually abusing a student could put the corporation…
The Illinois Appellate Court has affirmed a jury’s wrongful death verdict regarding the death of a woman who was hit by a truck as she stood on the side of a road next to her disabled car. The woman’s husband filed a wrongful death lawsuit against the truck driver, the…
In April 2010, the plaintiffs Rose Schurer and Andrea DeVivo were driving westbound on Lawrence Avenue in Norridge, Ill., when an oncoming van crossed the center line and struck their vehicle. The eastbound van was driven by the defendant, 56-year-old Pawel Pawlowska. The plaintiff, Schurer, suffered four fractures in her…
Dr. Linda Bluestein was a shareholder in Central Wisconsin Anesthesiology S.C. and a member of its board of directors. After losing the vote that terminated her employment contract, Bluestein filed a lawsuit against the corporation for allegedly violating three statutes that protect “employees.” Those statutes were the Americans with Disabilities…
Levia Moultrie began working at Penn Aluminum in 1990. Over the next 20 years, Moultrie worked in different positions, including forklift operator, block operator, utility coiler and scrap chopper. In September 2008, Moultrie used his seniority to take on the job of forklift operator. The collective bargaining agreement between Moultrie’s…
The federal court rules are different than those in Illinois. Lawyers who may be used to operating under the Illinois Code of Civil Procedure need to be aware of Federal Rule of Civil Procedure 59(a), which says, “A motion to alter or amend a judgment must be filed no later…
Wisconsin has a long history of protecting private and public labor unions. In fact, before 2011, Wisconsin granted broad protections and privileges to public-sector unions. This all changed when the Wisconsin legislature passed a new budget bill known as Act 10. This act reduced state and municipal employers’ collective-bargaining obligations…
Non-competition agreements are usually a part of an employment agreement that the company develops; employees have access to company secrets, trade secrets and customer lists, all of which can be detrimental if known by those outside the company, including competitors. It has long been the case that the traditional non-competition agreements…
Consideration is the essential ingredient for legally enforceable contracts. The same is true in at-will employment where an employee is required to sign a noncompetition agreement in order to keep his or her job. When the employee signs such a noncompete contract, the employer then promises a continued length of time of…