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7th Circuit: Employee May Not Relitigate Termination In Federal Court

CHICAGO - A former transportation department employee who already litigated his termination in state court can't bring claims in federal court regarding the same incident despite raising different claims, the Seventh Circuit U.S. Court of Appeals ...read more

Illinois Federal Judge Refuses To Dismiss, Transfer Fair Credit Reporting Act Suit

CHICAGO - An Illinois federal judge on April 13 refused to dismiss or transfer a class suit accusing a college planning services company of violating the Fair Credit Reporting Act (FCRA) ( Atif N. Rana, et al. v. College Admissions Assistance, LLC, No ...read more

Foreign Workers' ERISA Claims Seeking Tax Refunds Are Dismissed

CHICAGO - Foreign workers' claims that the administrators of plans governed by the Employee Retirement Income Security Act improperly withheld taxes from the workers' benefits are barred by the U.S. tax code to the extent the claims seek monetary ...read more

Illinois Federal Judge Rejects Request To Stay Order Reinstating Mine Worker

EAST ST. LOUIS, Ill. - An Illinois federal judge on May 7 refused to stay his injunction order directing a mining company to reinstate an employee who the National Labor Relations Board says was fired because of his pro-union activities, finding that ...read more

Pro Se Plaintiff Alleging Workplace Discrimination Allowed To Replead 1 Claim

CHICAGO - An Illinois federal judge on May 7 gave a plaintiff who is representing herself in an employment action a chance to refile a racial discrimination claim against an individual after finding that the plaintiff failed to meet the requirements for ...read more

High Court Will Not Hear ERISA Preemption Case

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 declined to review a state court's ruling that the Employee Retirement Income Security Act does not preempt the Illinois Mechanics Lien Act (Nicholas & Associates, Inc., et al. v. Central Laborers' ...read more

10th Circuit: Benefit Denial Arbitrary; Remand To District Court, Not Plan, Proper

DENVER - A plan administrator's denial of permanent and total disability (PTD) life insurance benefits was arbitrary and capricious under the Employee Retirement Income Security Act when considered in light of the explanation the plan gave at the ...read more

7th Circuit Finds State Department Did Not Retaliate For Health Complaints

CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 23 affirmed an Illinois federal court's decision to grant summary judgment in favor of a state department, finding that a former employee failed to show that he was retaliated against for ...read more

Panel Upholds Dismissal Of Insurance Broker's Breach Of Contract Claim

ELGIN, Ill. - An insurance broker's employment agreements with former employees were unenforceable due to insufficient consideration, an Illinois appeals panel found Aug. 29, affirming the dismissal of the broker's breach of contract, misappropriation ...read more

7th Circuit: State Worker Failed To Show Bumping Was Discriminatory Or Retaliatory

CHICAGO - An employee of the Illinois Department of Human Services (IDHS) failed to provide direct or indirect evidence that her reassignment from a full-time to part-time position was discriminatory or retaliatory, the Seventh Circuit U.S. Court of Appeals ...read more

Claim Over Denial Of ESOP Benefits Will Continue To Trial

CHICAGO - A participant in an employee stock ownership plan (ESOP) may proceed with his claim that his former employer violated the Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq. , by failing to pay him benefits because a factual ...read more

Illinois Federal Jury Awards Worker $100,000 On Retaliation Claim

EAST ST. LOUIS, Ill. - Although a county education office did not discriminate against a former employee because of her gender or violate the Equal Pay Act (EPA), 29 U.S.C.S. 206(d) , it did retaliate against the woman for complaining about unequal pay ...read more

Illinois Federal Judge Decertifies Class Of Rail Production Workers Seeking Overtime

EAST ST. LOUIS, Ill. - An Illinois federal judge on Nov. 13 decertified a class of more than 400 workers employed at a railcar production facility seeking unpaid wages and overtime for time they allegedly spent working before and after their shifts and ...read more

Illinois Ban On Discretionary Clauses Not Preempted By ERISA, Federal Judge Rules

CHICAGO - Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq. does not preempt an Illinois regulation prohibiting discretionary clauses in insurance contracts, a federal judge in Illinois ruled Nov. 29, concluding that the ...read more

7th Circuit: Attempted Intervention In Racial Bias Suit Was Filed Too Late

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Dec. 17 upheld a trial court's ruling that a proposed intervention by four individuals in an employment discrimination suit against the City of Chicago that was already 14 years in the making ...read more

Supervisor's Comments Show Bias, Illinois Federal Judge Finds

CHICAGO - A former public relations director for a hotel who says that she was let go because she got pregnant provides enough direct evidence of discriminatory statements to allow her sex and pregnancy discrimination claims against the hotel to be heard ...read more

Illinois Federal Judge: Sales Rep's Evidence Defeats Summary Judgment

PEORIA, Ill. - A retail sales representative provided enough direct evidence to allow his age discrimination claim against his former employer to be decided by a jury, an Illinois federal judge held Jan. 15 in denying the employer's bid for summary ...read more

Law Prohibiting Discretionary Clauses Requires De Novo Review, Federal Judge Says

CHICAGO - An Illinois statute prohibiting discretionary clauses in insurance policies applies to a disability policy governed by the Employee Retirement Income Security Act, where the policy was renewed and the insurer terminated the participant's ...read more