Recent Articles

Order Awarding Fees Does Not Require Separate Judgment Document

Michael E. Rigney
March 16, 2012 12:49

FELDMAN v. OLIN CORPORATION (February 23, 2012)   In an employment discrimination case, the plaintiff named as a defendant Global Brass & Copper, Inc.   The only problem - he had never worked for Global. The company moved for sanctions pursuant both to Rule 11 and the court's...

In Illinois, Owner's Policy Is Primary Over Operator's

Michael E. Rigney
March 14, 2012 14:03

COCA-COLA ENTERPRISES, INC. v. ATS ENTERPRISES, INC. (February 22, 2012)   S&S Service Company occasionally performed maintenance work on a fleet of vehicles that Coca-Cola Enterprises maintained at its bottling plant in Mattoon, Illinois. One of those occasions ended tragically. In...

Charging A Debit Card Linked To An Account Containing Only Social Security Benefits Is Not A Priohibited Assignment

Michael E. Rigney
February 24, 2012 20:26

TOWNSEL v. DISH NETWORK L.L.C. (February 16, 2012) Jacqueline Townsel purchased satellite TV services from DISH Network. Townsel signed up for two years of service and agreed to pay a termination fee if she discontinued the service within two years. When Townsel stopped paying her monthly charge...

District Court's Investment Of Resources Did Not Require It To Exercise Supplemental Jurisdiction

Michael E. Rigney
February 24, 2012 15:30

RWJ MANAGEMENT COMPANY v. BP PRODUCTS NORTH AMERICA, INC. (February 16, 2012) As part of a changing business strategy, BP began selling its company operated gasoline stations in 2006. It sold several stations in Illinois and Indiana to RWJ Management Co. and several more Illinois stations to...

Record Did Not Support District Court's Drastically Reduced Fee Award

Michael E. Rigney
February 23, 2012 21:03

JOHNSON v. GDF, INC. (February 13, 2012) In May of 2005, Robert Johnson brought a class action for unpaid overtime against his employer GDF, an Oak Park, Illinois Domino's pizza franchise. By July, he was no longer working at Domino's. At his deposition almost a year later, Johnson admitted that he...

Court Finds "You" Ambiguous

Michael E. Rigney
February 23, 2012 15:52

ST. PAUL FIRE & MARINE INSURANCE CO. v. SCHILLI TRANSPORTATION SERVICES INC. (February 13, 2012) St. Paul Fire & Marine Insurance Company issued insurance policies to Schilli Transportation Services and several related, but separate, corporations. Schilli was a freight broker and never...

Court Declines To Extend Biggers To Damages Claim For Suggestive Pre-Arrest Identification

Michael E. Rigney
February 22, 2012 22:31

PHILLIPS v. ALLEN (February 10, 2012) Ruby Graham and her mother Elizabeth were attacked as they entered the Bellwood, Illinois Library. The attacker stole $5,000 from Ruby and shot both of them. Ruby gave police a description of their attacker. A police officer visited Elizabeth in the hospital...

Intervening Negligence Breaks Causal Chain

Michael E. Rigney
February 22, 2012 18:18

BLOOD v. VH-1 MUSIC FIRST (February 9, 2012) Dennis Hernandez caused a serious traffic accident late one September afternoon when he crossed the I-57 median in southern Illinois. The local fire department closed the northbound lanes. Four hours later, David and Paul Blood approached the...

Charitable Contribution Must Be Appraised In Light Of Donation Conditions

Michael E. Rigney
February 22, 2012 14:06

ROLFS v. COMMISSIONER OF INTERNAL REVENUE (February 8, 2012) Theodore Rolfs and his wife purchased a house and three-acre lakefront lot in Chenequa, Wisconsin. In order to make way for a new house they wanted to build on the property, the Rolfs donated the house to the local fire department to be...

Party Cannot Get Review Of Earlier, Interlocutory Orders When It Prevailed On The Final Order

Michael E. Rigney
February 21, 2012 22:51

WIRTZ v. CITY OF SOUTH BEND (February 7, 2012) A Catholic high school in South Bend, Indiana wanted to build an athletic complex on an adjacent parcel. The City bought the land and proposed to give the land to the School in return for the right to use the complex at certain times. A number of city...