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Articles Posted in Seventh Circuit

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Investors May Not Go Forward With Flawed Fraud Claim, Seventh Circuit Rules

  Our Illinois class action attorneys recently noted a Seventh Circuit decision ending a class-action case in the difficult realm of securities fraud. In Re Guidant Corporation, No. 08-2429 (7th Cir. Oct. 21, 2009), is a securities class action stemming from allegedly misleading statements Guidant Corp. made about its implanted…

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Seventh Circuit Upholds Federal Jurisdiction Under CAFA When Class Certification Is Expected

  The Seventh U.S. Circuit Court of Appeals made a ruling this year that will be important to the work of our Chicago consumer class action attorneys. In Cunningham Charter Corp. v. Learjet Inc., 592 F.3d 805 (7th Cir. 2010), the court decided that federal courts retain jurisdiction under the…

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Generic Drugs Not Misbranded Under Lanham Act, Seventh Circuit Rules

  A recent decision by the Seventh Circuit caught the notice of our Illinois trademark infringement litigators. Schering-Plough Healthcare Products Inc. v. Schwarz Pharma, Inc. et al, Nos. 09-1438, 09-1462, 09-1601 (7th Cir. Oct. 29, 2009) is a dispute between the original maker of a laxative whose patent has expired…

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Seventh Circuit Rules UPS Violated ERISA by Raising Contributions for Only Some Retirees

  As Chicago class-action attorneys, we were pleased to see that the Seventh Circuit upheld a decision in favor of retired UPS employees protesting a change in their employee contributions to health benefits. In Green v. UPS Health & Welfare Package for Retired Employees, No. 09-2445 (7th Cir. Feb. 10,…

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Former Employee’s Stock Options Remain Valid Under Employment Contract

  As Chicago employment contract litigation attorneys, we noted a favorable decision for employees from the Seventh Circuit in October. Lewitton v. ITA Software, Inc., No. 08-3725 (7th Cir. Oct. 28, 2009) upheld a former employee’s right to buy stock options that had vested during his employment, even though he…

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Supreme Court Upholds Arm’s Length Standard for Setting Fees for Mutual Fund

  Our Chicago business law lawyers were very interested in a recent Supreme Court decision upholding an established standard for determining when a mutual fund’s investment advisor has breached his or her fiduciary duty to shareholders. In Jones et al. v. Harris Associates L.P., No. 08-586 (March 30, 2010), three…

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Seventh Circuit Finds Personal Jurisdiction in Defamation and Tortious Interference Claim

  As Illinois and Chicago business law attorneys, we were interested to see a recent Seventh U.S. Circuit Court of Appeals opinion in an antitrust and trade libel lawsuit filed here in the Northern District of Illinois. In Tamburo v. Dworkin, 2010 WL 1387299 (C.A.7 April 8, 2010), John Tamburo…

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Employees Not Entitled to Compensation for Showering Time After Shift

  Our Illinois overtime rights lawyers were interested to see a recent ruling on unpaid overtime from the Seventh U.S. Circuit Court of Appeals. In Musch v. Domtar Industries, No. 08-4305 (7th Cir. Nov. 25, 2009), Alan Musch and his colleagues were maintenance workers at two Wisconsin paper mills owned…

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Homeowner May Sue for Lending Fraud by Mortgage Insurer, Seventh Circuit Rules

  In a case based on the federal Truth in Lending Act (TILA) and Illinois Consumer Fraud and Deceptive Business Practices Act, the Seventh Circuit has ruled that a victim of a bait-and-switch scheme for title insurance may sue his lender. Doss v. Clearwater Title Co., No. 07-2400 (7th Cir.…

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Incorrect Breakdown of Principal and Interest Does Not Violate FDCPA Requirement for ‘Truthful Information,’ Seventh Circuit Rules

  In a Fair Debt Collection Practices Act class action, the Seventh U.S. Circuit Court of Appeals has ruled that a bill collector’s failure to correctly break down a bill into principal and interest does not violate that Act. Wahl v. Midland Credit Management, No. 08-1517 (7th Cir. Feb. 23,…

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