Trial Notebook


Three counts equals only single ‘claim’Hobbs v. Gerber Products

Linda Hobbs’ three-count class action against Gerber Products for reportedly making false statements when marketing its Good Start Gentle infant formula, referred to as GSG, alleged a violation of the Illinois Consumer Fraud Act, or ICFA, breach of express warranty and common law fraud, but Gerber — in moving to dismiss for “failure to state a claim upon which relief can be granted” under Federal Rule of Civil Procedure 12(b)(6) — “proceeds as if the complaint asserts three claims (as reflected in its three ‘counts’),” U.S. District Judge John J. Tharp Jr. explained, “but that is not so.”

Settling labor disputes in arbitration

The U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, 138 S.Ct. 1612 (2018), reaffirmed the now well-established principle that parties can contract to pursue claims under the Fair Labor Standards Act through arbitration.

Commercial Litigation


Earned bonus proper subject of employee’s wage payment claim

After leaving a lucrative banking position in Florida for a Chicago consulting gig, Steven Simpson soon learned the Illinois job markedly differed from what was advertised.

Mediation Circus


Avoid surprises in computer insurance

Computers begot computer crime, which begot risk and loss, which begot insurance, which begot claims, which begot denials, which begot litigation, which begot a practice specialty no one imagined 10 years ago.

Insurance Matters


Estoppel defense arises from statements traded between counsel

The 1st District Appellate Court recently held that portions of an attorney’s stricken affidavit, which should not have been stricken, established a sufficient basis for insureds to litigate their estoppel defense to noncoverage.

Cotter’s Corner


Justices who squeeked though nomination now dominate the court

A week ago Saturday, the full Senate voted, 50-48, to confirm Brett M. Kavanaugh as the next Supreme Court justice. The two-vote margin is the second closest of those Supreme Court nominees who have received a Senate vote.

Sports Marketing Playbook


Active MLB, NBA players to appear in beer ads for first time in 60 years

Marketing — and in particular, sports-related marketing — has always been central to Anheuser-Busch’s business plan.



Nevada gets tough even by UFC standards

The Ultimate Fighting Championship 229 in Las Vegas earlier this month was worth every penny for pay-per-view spectators.

Sporting Judgment


Corporate logo rule will be tested when Cavs’ Smith takes court

When NBA star J.R. Smith takes the court for the Cleveland Cavaliers later this month in the season opener, it won’t be a “Supreme” court. That’s because the league threatened to fine Smith if he doesn’t cover up his freshly inked tattoo of the Supreme logo.

Opening Statement


‘Let them entertain you’ at Porchlight’s take on classic ‘Gypsy’

While musical genius Stephen Sondheim has generally written both words and music for his productions, two of his best-known musicals, written at the beginning of his career, contain only his lyrics.

The Laws of Fitness


No gym membership? No equipment? No problem.

A few years ago, between Child 1 and Child 2, while on maternity leave I discovered apps for home workouts that I could do just using my phone. Best of all? Most of them are free! Check your app store and get going.

Non-Billable Hours


‘Monsters and Men’ humanizes police and shooting victims

Set in the Bedford-Stuyvesant neighborhood of Brooklyn, “Monsters and Men” provides back-story for the experience of the police and the poor, in a world tilted off its axis by gun violence.
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