Tag: Illinois
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Single-Serve Coffee Class Denied Certification
A federal court in Illinois has denied a request that it reconsider an earlier order denying certification of a multi-state class of single-serve coffee purchasers allegedly deceived into believing that the product was ground coffee and not instant; the court has also granted the defendants’ motions for summary judgment. Suchanek v. Sturm Foods, Inc., No. 11-565…
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Inconvenient Forum at Issue Again in Four Loko Death Suit
An Illinois appeals court has reversed a trial court determination that Illinois would not be an inconvenient forum for the defendants in a wrongful death lawsuit filed by the parents of a 15-year-old boy who allegedly drank two cans of the alcohol energy drink Four Loko and was killed on a Virginia highway after becoming…
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No Class Certification for Plaintiffs Alleging Fraud in Sale of Coffee Product
A federal court in Illinois has refused to certify a multistate class of consumers who were allegedly deceived under the consumer protection statutes and unjust enrichment laws of eight named states by a company that, at one time, either misrepresented or failed to indicate that its single serving coffee product contained “instant” or “soluble” coffee…
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Illinois Appeals Court Rules “Freaky Fast” Food Delivery Injury Suit May Proceed
A divided Illinois appeals court has determined that Jimmy John’s Enterprises and one of its franchisees must continue to defend four of seven claims in a personal injury suit arising from a motor vehicle accident involving one of its delivery drivers. Reynolds v. Jimmy John’s Enters., LLC, No. 4-12-139 (Ill. App. Ct., 4th Dist., decided…
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Firearms Maker Sues Vodka Co. for Using Tommy Gun Shape as Bottle
A firearms company that holds the Tommy Gun™ trademark has brought an infringement action against a company selling its vodka products in 19-inch bottles shaped like Tommy guns. Saeilo Enters., Inc. v. Alphonse Capone Enters., Inc., No. 13-2306 (N.D. Ill., filed March 27, 2013). The plaintiff seeks damages, treble damages, profits, attorney’s fees, and costs under…
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Criminal Charges Follow Investigation into Illegal Importation of Honey
A U.S. attorney in Illinois has announced charges filed against two companies and five individuals in a five-year investigation of imports that allegedly circumvented $180 million in anti-dumping duties on honey from China and involved purportedly “adulterated” honey containing the antibiotics chloramphenicol and tetracycline. Groeb Farms, Inc., described as the largest industrial honey supplier in the…
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Lawsuits in Illinois and New Jersey Challenge Subway “Footlong” Claims
As consumers around the world have begun posting images online of their Subway “footlong” sandwiches with rulers showing that the restaurant’s offerings are actually 11 or 11.5 inches in length, several have taken their claims to court. Buren v. Doctor’s Assocs., Inc., No. 13 498 (N.D. Ill., filed January 22, 2013); Pendrak v. Subway Sandwich…
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Proposed Ordinance in Chicago Would Ban Energy Drinks
Chicago Alderman Edward Burke (14) has introduced a proposed ordinance that would prohibit the distribution of energy drinks in the city. Citing the popularity of the drinks among teenagers and young adults and the dangers they purportedly pose to health, the ordinance defines “energy drink” as “a canned or bottled beverage which contains an amount…