Illinois Appellate Court Upholds Finding of Consumer Fraud Act Violation in Sales Tax Overcollection Case

Illinois Appellate Court Upholds Finding of Consumer Fraud Act Violation in Sales Tax Overcollection Case

The Illinois Appellate Court recently affirmed a finding for a plaintiff individual, upholding the circuit court’s conclusion that defendant Sears, Roebuck and Co. (Sears) violated the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1) (the Act) by overcharging plaintiff sales tax on his purchase of a digital television converter box (converter box”).

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Hospital’s Neutral Hiring Policy Sinks Nurses’ ADA Claims

Hospital’s Neutral Hiring Policy Sinks Nurses’ ADA Claims

In a matter emphasizing the importance of neutral hiring policies, the U.S. Court of Appeals for the Sixth Circuit has affirmed summary judgment in favor of a Kentucky hospital system that refused to hire two nurses who had restrictions on their professional licenses after they participated in a state-approved drug rehabilitation program.

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Sixth Circuit to Hear Oral Argument in Challenge to Municipal Broadband Rules

Sixth Circuit to Hear Oral Argument in Challenge to Municipal Broadband Rules

The Sixth Circuit Court of Appeals has scheduled oral argument for March 17, 2016, in an important case regarding the Federal Communications Commission’s (FCC’s) ability to preempt state laws that place restrictions on local municipalities’ ability to provide their own broadband networks. 

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Sixth Circuit Denies Bad Faith Cram Down

By | Delaware Bankruptcy Litigation | February 8, 2016
Sixth Circuit Denies Bad Faith Cram Down

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail section 1129(a)(3)’s requirement of having been proposed in good faith.

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Fifth Circuit Establishes Presumption in Favor of Federal Jurisdiction in CAFA Cases

Fifth Circuit Establishes Presumption in Favor of Federal Jurisdiction in CAFA Cases

The Fifth Circuit recently adopted a presumption in favor of retaining federal jurisdiction under the Class Action Fairness Act (“CAFA”) and placing the burden squarely on plaintiffs who seek to remand a case based on one of CAFA’s limited exceptions. 

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Sharply Divided IL Supreme Court Abolishes “Public Duty Rule” Protecting Government Officials from Tort Suits

By | The Appellate Strategist | February 8, 2016
Sharply Divided IL Supreme Court Abolishes “Public Duty Rule” Protecting Government Officials from Tort Suits

A long-standing common law principle called the “public duty rule” holds that local government entities and their employees owe no tort duty of care to individual citizens to provide governmental services such as police and fire protection – such duties are owed to the public as a whole.

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